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Before last Monday, it had seemed that if he wished, Nixon would be able to avoid at least his federal criminal liabilities by trading his office for immunity from prosecution. But with the revelation of hard evidence of his early knowledge of and involvement in the coverup, he no longer had "a hole card" to bargain with, as one New York City lawyer put it. Indeed he seems specifically to have rejected immunity, telling congressional leaders as he readied his decision, "I don't want to talk" about personal considerations.
TIME did learn, however, that all last week negotiations went on between law yers of some cover-up defendants and the White House in hopes of arranging a pardon. Then at the last minute, said a source close to one defendant, "Nixon screwed us," and, properly and wisely, nothing was done for his former aides and agents. There was also speculation that Nixon could have pardoned himself, but Press Secretary terHorst reported that Nixon had taken no such in glorious, secret action before leaving office. Doubtless he had probably not even considered it.
New Lawyer
Without immunity or a pardon — and now without access to Government-paid attorneys — Nixon's legal fees could easily hit six figures. By resigning, the former President saved his annual retirement pay of $60,000, plus $96,000 a year for staff and expenses. Even without his retirement pay, though, the ex-President would by no means face penury. Literary Agent Scott Meredith (among his clients: Spiro Agnew, Norman Mailer) announced that he had already told an inquiring Nixon aide last month that the Nixon memoirs would probably be worth $2 million, which would more than comfortably cover any legal costs. There are also the papers from the presidential years and earlier that could be sold. Finally, more than one major financial backer of the ex-President said last week privately that he would willingly contribute to a Nixon legal defense fund.
The former President will have to get a new lawyer. Even before the resignation was formally filed, James St. Clair announced that he no longer represented Nixon, though at Ford's behest he will stay on at the White House temporarily to supervise the indexing of papers and tapes still under subpoena. The new Nixon attorney will be needed immediately. The cover-up trial of John Mitchell, H.R. Haldeman, John Ehrlichman et al. is due to start in three weeks, and should the former President be a witness, he ought to have the advice of a fully informed lawyer before giving any testimony.
Whether or not the ex-President also becomes a defendant in that case remains a haunting problem for the nation as well as Nixon. Democratic Senator Lloyd Bentsen put the Hobson's choice well. "The possibility of a President—a former President—behind bars is personally repugnant to me," he said. "But I'm also caught with the proposition that no man should be above the law." Furthermore, letting the former President go free while his top aides went to jail would seem unjust.