Late May 1973: Justice Department Unsure if Nixon Can Be Subpoenaed or Charged

Washington Post reporter Carl Bernstein learns that Justice Department lawyers are wrangling over how to deal with the allegations of President Nixon’s criminal involvement in the Watergate cover-up. Some of them believe that Nixon cannot be indicted for criminal actions unless he is first impeached and removed from office. One Justice Department attorney confirms that had Nixon not been the president, he already would have been indicted for obstruction of justice and other crimes. But the lawyers are not even sure that Nixon can legally be subpoenaed to testify before the Watergate grand jury. “Of course, the president can’t be called,” says one, “and of course it would be justified.” White House press secretary Ron Ziegler insists that it would be “constitutionally inappropriate” for Nixon to testify before the grand jury, and a subpoena “would do violence to the separation of powers.” [Bernstein and Woodward, 1974, pp. 323-324]