THE PRESIDENCY: Richard Nixon Stumbles to the Brink

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The first shocked reactions of Congressmen and Senators indicated that the pressure would be considerable and perhaps irresistible. Republicans were among Nixon's severest critics. Senator Mark Hatfield observed that a move to impeach could come "like a flash flood sweeping down over the pasture land." Senator Robert Packwood argued that there was "no justification" for Nixon's action. "The office of the President does not carry with it a license to destroy justice in America. His deeds are dishonorable." Predicted Freshman Congressman William H. Hudnut of Indiana: "If Nixon gives the impression he is above the law, he is going to have an impeachment problem on his hands of considerable magnitude."

Democrats, too, talked ominously of impeachment. Senator Edmund Muskie urged the House to begin the painful proceedings. Senator Edward Kennedy decried the firing of Cox as "a reckless act of desperation by a President who is afraid of the Supreme Court, who has no respect for law and no regard for men of conscience. The burden is now on Congress to nullify this historic insult to the rule of law and to the nation's system of justice." Argued West Virginia Congressman Ken Hechler: "Impeachment proceedings must be initiated at the earliest possible moment." California Congressman Don Edwards urged Nixon to admit that he had made "a terrible mistake" and resign.

Nixon could hardly have anticipated that his bid to resolve the Watergate tapes controversy short of the Supreme Court would take such a dangerous turn. After being petitioned by Prosecutor Cox, Judge Sirica had ordered that the tapes of White House conversations and Watergate-related papers be given to him so that he could decide what portions should be relayed to the grand jury directed by Cox. Sirica's ruling had been sustained on Oct. 12 in a sharply worded 5-to-2 decision by the U.S. Court of Appeals for the District of Columbia.

A "Summary." Given five days by the appellate court to file his notice of appeal to the Supreme Court, Nixon faced a deadline of midnight on Friday; he had to act before then or the lower court's order would go into effect. Instead of filing, Nixon cited the crisis in the Middle East and appealed to an overriding national interest in first announcing that he would personally prepare a "summary" of information on the tapes that he considered relevant to the multiple Watergate investigations.

This summary, Nixon declared, would be given to both the Senate Watergate committee and Judge Sirica. It would not, however, be a verbatim transcript. Nor would any portion of the tapes or any papers be given to Sirica.