For Richard Nixon, the sacrifice of his office very likely will not bring even a week of surcease. Within minutes of the resignation speech, Leon Jaworski pointedly announced that so far as Nixon's immunity from criminal prosecution was concerned, "the special prosecutor's office was not asked for any . . . and offered none." The next day, when reporters asked about the possibility of a future pardon should Nixon need one, new Press Secretary J.F. terHorst reiterated Gerald Ford's response at his vice-presidential confirmation hearing: "I do not think the public would stand for it." That judgment was made in other circumstances, and is surely subject to change as public attitudes toward Nixon become clearer in the days ahead. But there is no gainsaying that Nixon's new status as a private citizen puts him in grave peril.
Strong Case
On the facts, the possibility of his indictment and prosecution is serious. Technically speaking, "the decision is Mr. Jaworski's," said Attorney General William Saxbe. For so momentous a matter, Jaworski is sure to seek guidance from Congress and President Ford, though a Jaworski spokesman indicated that the need for a decision was "not immediate." The case for prosecution is clear, however.
Says Stanford Criminal Law Professor John Kaplan, a former prosecutor: "I have a strong feeling that it isn't right to behave like a banana republic and hound the ex-leader. But I regret to say I would go ahead and prosecute. It's a very strong case of obstruction of justice." In fact, even before the latest tape disclosure, the Watergate grand jury had vigorously wanted to indict Nixon while he was President, but was persuaded by Jaworski only to name him an unindicted co-conspirator on the argument that he could only be prosecuted after leaving office. Now the grand jury, which is still sitting, might insist on returning that indictment.
There are other possible criminal charges, including subornation of perjury, tax fraud, misprision of a felony, misuse of Government funds for his private home, violating the civil rights of Daniel Ellsberg and his former psychiatrist, Lewis Fielding. It is not impossible that still further charges will emerge; 12,500 cu. ft. of tapes, records and other Nixon documents remain in the White House. They would normally belong to a former President, but because they may contain evidence of crimes, there will probably be some effort to comb through them before they are handed over to Nixon.
Federal prosecution is far from his only worry. State or local prosecutors could bring charges in either California or Florida. Civil suits could also be filed. There is the added certainty that Private Citizen Nixon will face the annoyance of frequent appearances as a witness—in the cover-up trial and the Connally milk bribe case among others.