OK. Here we go. I've been asked lately (sorry I can't find the tag) whether John Mitchell's (ex Attorney General) prosecution sheds light on how we might prosecute Bill Barr. A thread.
John Mitchell apparently did not appeal his conviction and the details aren't on his wikipedia page, so I am drawing most of this (and it goes way beyond Dean) from US v. Halderman, a 198 PAGE DECISION on Watergate conspirators.
There are a lot more similarities between Ukrainegate and Watergate than I realized. (more below). A crucial difference: TRUMP AND HIS MINIONS CONSORTED WITH FOREIGN ENEMIES. Even Nixon didn't do that.
THREE attorneys were convicted in Watergate, former AG Mitchell, AG Kleindienst, and Nixon personal attorney Kalmbach. NEITHER OF THE AGs WERE PROSECUTED IN OFFICE.
Since neither was a current AG, the Bill Barr situation does not quite apply. Generally, however, US Attorneys have BROAD discretion to prosecute. JM 9-2.120. justice.gov/jm/jm-9-2000-a…
Politics aside, I do not see any limitations on a US Attorney conducting an investigation into crimes in his/her purview, and bringing charges according to the facts and the law, EVEN IF THE PERP IS THE AG.
FACTOID: The Nixon conspiracy was hatched in the Committee to Reellect the President, sometimes referred to as CREEP (or CRP, for the more polite).
CRP was headed by Joh N. Mitchell FORMER US attorney general. Joined by John N. Mitchell (former AG); Harry Alderman (asst. to POTUS); John Erlichman (asst to POTUS); Charles Colson (special counsel to POTUS); Robert Mardian (former AAG); K. Parkinson (CRP Lawyer); and G Strachan
I made a mistake earlier saying John Mitchell did not appeal -- he is an appellant in US v. Haldeman, 1974. The defendants were convicted on counts of obstruction of justice and conspiracy.
All the Defendants, along with the 5 men actual caught in the DNC's offices, were involved in an illegal "intelligence gathering operation" aimed at the DNC. This was code-named by CRP as "GEMSTONE."
GEMSTONE was the brain fart of G. Gordon Liddy, general counsel to CRP, and criminal asshole that polluted the airwaves for decades talking stupid "conservative" authoritarian BS. Buried "with honors" at Arlington WITH MY DAD. F him. POS.
The famous John Dean and John Mitchell (then AG) were brought into this plan and eventually cooperated with the government.
The night the burglars were busted, G Gordon Liddy was monitoring from a nearby building and reported up the chain that their guys were caught, including CRP'S HEAD OF SECURITY who obviously was going to tie back to CRP.
Liddy and former AG Mardian both called then AG Kleindienst to URGE HIM TO RELEASE THE CRP GUY. He refused (Kleindienst was later convicted on unrelated charges). Shit went sidewise.
The co-conspirators started making up stories for why the CRP head of security was busted in the DNC offices with bugs and cash ... then stories to cover up the holes in that story, etc., etc.
Per the court "Meanwhile, in Washington, White House and CRP files were being cleansed of sensitive materials relating to Gemstone...Among the items destroyed were DNC wiretap reports and [memo re] shift from Sen. Muskie to Senator McGovern, the emerging Democratic front-runner."
Dean got docs from Hunt's safe, did not destroy fearing WH "employees and Secret Service agents knew he had removed materials...the items were turned over to the FBI...most sensitive...to [Act FBI Dir] Gray with directions...they should never see the light of day. Gray complied.
RECAP: Committee to Reelect the President has hatched a plan to get intelligence on Democratic National Commitee; busted planting bug; starts increasingly hopeless cover-up; and damning partly at FBI, partly destroyed by acting FBI assistant director.
These events are part of the training of EVERY high level FBI and DOJ official, as a morality tale for how not to get arrested based on dumbshit plans of a desperate political class.
Meanwhile, there is a Grand Jury convened that is investigating the break ins, and it appears likely that Liddy and Hunt (former CIA agent and Liddy conspirator - a la Prince), will be tied to the burglars BY THE MONEY.
PROBLEM: Hunt knew the details, knew that the conspiracy went all the way to the top, had done other dirty stuff for POTUS, and "HE BEGAN TO DEMAND LARGE CASH PAYMENTS ON BEHALF OF HIMSELF AND THE FIVE BURGLARS."
MORE PROBLEM: Liddy went to Mardian and LaRue, told whole story, promised burglars would stay quiet but "certain “commitments” had been made to provide them with bail, legal fees, and living expenses. LaRue assured him that all commitments would be met."
Started raising funds from "excess cash" at CRP; from "Finance Committee" to reelect Nixon and a private donor, had to create complex scheme to deliver funds via airport lockers and telephone booths. So far, so good, everyone lying and covering up like planned.
Grand jury "handed up indictments against the five burglars, plus Hunt and Liddy." Nixon reelected. "But on 11/13, ... Hunt called Colson at his WH office. With a tone of urgency he maintained that the commitments had not been met, and he reminded...loyalty“is a two-way street.”
"Money was not enough to assure silence. Hunt...pled guilty and wanted a guarantee that his sentence would be short. WH provided assurances which Hunt took to mean he would be granted clemency at Christmas 1973." Liddy and McCord were found guilty.
"Hunt demanded another $122,000...before sentencing...Dean decided he had to speak with the President directly...told Nixon that there was a “cancer” growing on the presidency in the form of the endless hush money demands.
Nixon and the conspirators were now faced with a Senate investigation which threatened to make them all testify under oath. Tried to get Mitchell to agree to be the fall guy. THEN A BURGLAR BROKE, WROTE JUDGE THAT IT WAS A CONSPIRACY, MAGRUDER, DEAN AND LARUE GO TO PROSECUTORS
Everyone screwed: 2 PROBS: "Dean, who...knew a great deal, and...hush money payments which...were now bound to be revealed... As to the first, after much discussion Nixon asked Ehrlichman to try to bring Dean back on board through veiled assurances of clemency."
HUSH MONEY PROBLEMS: claim "money was delivered for humanitarian purposes, legal fees and family support and that their sole motivation was to discourage the defendants from talking to the press." Lolz.
Of course they lied to the Senate and Mitchell was convicted of two counts for lying about destroying documents and making false declarations.
There's another 180 pages of law and about 400 footnotes, but those are key facts on which the convictions were upheld.
KEY TAKEAWAYS: Buying silence of co-conspirators is EXPENSIVE, EASY TO TRACE AND FRAUGHT WITH DANGER. PARNAS DIDN'T GET HIS.
KEY TAKEAWAYS: Buying silence of co conspirators is expensive and unreliable. Easily traceable.
A LOT OF LAWYERS got convicted. Many were still successful later despite convictions.
COVERUPS - They work great until they don't.
We've seen lots of hints at payments to buy silence. Some didn't work out. bloomberg.com/news/articles/…
Forgot to mention that one of the triggers for all this is that Mitchell's wife called the press SO HE UNPLUGGED THE PHONE, DRUGGED HER; HELD HER CAPTIVE AND BEAT HER. No one was prosecuted. en.wikipedia.org/wiki/Martha_Mi…
