ENCORE: Watergate | The Fifth Man | 3

Woodward and Bernstein uncover a shocking revelation about President Nixon's chief of staff. But when their story is published, the reporters find themselves backed into a corner. Be the first to know about Wondery’s newest podcasts, curated recommendations, and more! Sign up now at https://wondery.fm/wonderynewsletter Listen to American Scandal on the Wondery App or wherever you get your podcasts. Experience all episodes ad-free and be the first to binge the newest season. Unlock exclusive early access by joining Wondery+ in the Wondery App, Apple Podcasts or Spotify. Start your free trial today by visiting wondery.com/links/american-scandal/ http://wondery.com/links/american-scandal/ now. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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• 0:00Lindsay Graham?

  Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. A listener note: This episode previously aired in 2022. It's September 26, 1972, in Washington, D.C. The reporter Carl Bernstein is sitting at his desk in the newsroom of The Washington Post. He rubs his eyes and looks up at the clock. It's already 11:20 at night. Somehow, it got really late. But Bernstein can't afford to go home.

• 0:44Lindsay Graham?

  He still has a lot of work ahead of him: calls to make, sources to track down, an endless series of tasks as he and a fellow reporter, Bob Woodward, try to untangle the mysteries behind Watergate. It's been a long few months ever since the story broke. And at first, it didn't appear to be much of a story at all. Five men were caught burglarizing an office. It seemed like nothing more than a small-scale crime. But the office belonged to the Democratic National Committee. And sensing something was up, Woodward and Bernstein kept digging. And soon, Watergate ballooned into something much bigger than a petty crime. Recently, the two reporters found that the Watergate burglars received funding from top officials running President Nixon's reelection campaign.

• 1:28Lindsay Graham?

  And the accusations ran all the way to the top. Sources have pointed their fingers at John Mitchell, the former head of the campaign, and a former attorney general. Mitchell has been accused of handling a secret slush fund, which was used to finance surveillance operations against the Democrats. But at this point, Bernstein can't prove that Mitchell was directly involved in the Watergate break-in. But with the most recent revelation about the slush fund, Bernstein and Woodward do have enough for a story. Still, they need to do their due diligence, and that means giving Mitchell a chance to comment. So Bernstein reaches for the phone and dials Mitchell's number. He knows the former attorney general will probably deny everything, but maybe there's

• 2:10Lindsay Graham?

  a way to get him talking, or at least to learn something new about this growing scandal.

• 2:18Lindsay Graham?

  John Mitchell speaking. Good evening, sir. This is Carl Bernstein. I'm a reporter at the Washington Post. I'm calling to get your comment. The Post? What is this, for the paper? Yeah, sir, I'm sorry to bother you at this hour, but tomorrow, we're running a story that says you controlled secret funds at the campaign. I'm sorry, what does this story say? Bernstein pauses. He doesn't want to show his hand and reveal too much. But he also doesn't want to be cagey. Mitchell is entitled to know the accusations before he responds. Well, the story says four other persons were authorized to approve payments from this secret fund. It says the money was used to spy on the Democrats. All that crap you're putting in the paper? It's all been denied. Your publisher, Katie Graham,

• 3:03Lindsay Graham?

  she's gonna get caught in a big fat wringer if that's published. This is the most sickening thing I've ever heard. Well, sir, I still would like to ask you a few questions. No, stop it.

• 3:14Lindsay Graham?

  Just tell me what time it is. It's 11:30. 11:30? 11:30, when? 11:30 at night. Oh. Bernstein raises an eyebrow. He can't help but wonder if Mitchell's been drinking. He sounds both surly and disoriented. Sir, about the story, I would like to ask a few questions. No questions. No, no, no. If you want a response, call my law office in the morning.

• 3:41Lindsay Graham?

  Mitchell hangs up. For a minute Bernstein sits staring at his notes, reviewing the strange conversation he just had with the former head of President Nixon's reelection campaign. It's clear that Mitchell was rattled, but Bernstein isn't sure what that means. One way of looking at it is that Mitchell was tired, maybe drunk, and caught off guard. It could have been just an awkward conversation. But Bernstein knows there's another interpretation. Mitchell could have been involved in a crime. He may be trying to cover it up. And his short temper could be a sign that Woodward and Bernstein are getting closer to the truth.

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• 5:29Lindsay Graham?

  From Wondery, I'm Lindsay Graham, and this is American Scandal. In June of 1972, political operatives working for President Nixon undertook a mission that would set in motion a political crisis. The operatives broke into Democratic headquarters in the Watergate complex in an attempt to spy on their political enemies. The goal was to secure intelligence that would help Nixon in the lead-up to that year's presidential election.

• 6:12Lindsay Graham?

  But the burglars were caught in the middle of the break-in. And with an FBI investigation unfolding, federal officials discovered connections between the Watergate burglars and members of Nixon's administration. For the president, the FBI's investigation appeared to be a serious threat. Nixon worried that federal investigators would find evidence of criminal activity in his reelection campaign, and potentially expose other covert actions that his allies had undertaken on his behalf. Facing mounting pressure, Nixon ordered a cover-up, and tried to slow the FBI's progress. But the White House would not be successful in its attempt to stall the investigation. And the president and his allies also couldn't stop two dogged reporters, Bob Woodward and Carl Bernstein.

• 6:57Lindsay Graham?

  They continued to uncover shocking truths about Watergate, and soon got closer to the president himself. This is episode 3, "The Fifth Man."

• 7:10Lindsay Graham?

  It's October 1972 in Washington DC. It's late in the evening, and Washington Post reporter Bob Woodward is walking down a quiet street on the outskirts of the city. Woodward glances behind him. He has to be certain no one's following, because he's about to meet with his top source, a man who he and his editors refer to as Deep Throat. The source has been invaluable throughout the entire Watergate investigation. Deep Throat has pointed Woodward and Bernstein in the direction of the truth, and helped confirm allegations about the burglary and the officials involved. Deep Throat is obviously a high-level member of the government. And if other officials learn that he's leaking confidential information to the press, he could lose his job, or even be prosecuted.

• 7:56Lindsay Graham?

  So Woodward is playing it safe. As he approaches a dark, old building, he looks again over his shoulder. No one's following him. He seems to be in the clear. Woodward ducks into an alley, and opens a steel door on the side of the building. He walks down the stairs leading into a parking garage. When he steps inside the garage, he looks around, searching for his source. The garage is quiet and empty. In every direction is concrete, lit only by a series of dim overhead lights. But off in the distance, Woodward spots something glowing, the burning embers of a cigarette. Leaning against a concrete pillar, smoking, is a thin gray-haired man, wearing a long, dark jacket.

• 8:37Lindsay Graham?

  Woodward knows this is Deep Throat, and he seems to be alone, so Woodward approaches. This meeting couldn't have come at a more opportune time. Woodward and Bernstein are working on a new piece with a number of sensational allegations. The two reporters have uncovered evidence that President Nixon's reelection campaign attempted to sabotage the Democrats. If untrue, these are serious allegations, the kind that could invite a lawsuit. So before they publish, Woodward needs to make sure they have their facts right. And that means getting confirmation from Deep Throat. Woodward walks across the parking garage, and Deep Throat stubs out his cigarette. After shaking hands, Woodward begins recapping some of his recent reporting.

• 9:20Lindsay Graham?

  He and Bernstein have evidence that John Mitchell, the former head of the reelection campaign, was one of several people with control of a slush fund, one that appears to have funded a range of illegal activities. Mitchell and his allies have denied the allegations, so Woodward needs to know the truth. Deep Throat fishes around in a pocket for another cigarette and lights it. Then, taking a heavy drag, he says that he can confirm the allegations. Mitchell was involved in illegal activities. Woodward presses forward, asking whether Watergate was one of these activities. Deep Throat takes another long drag from his cigarette, tells Woodward that Watergate is a tight knot, and he and Bernstein will have to work to untie it.

• 10:03Lindsay Graham?

  Woodward bristles at the indirect response. Deep Throat often gives these kind of cryptic replies. They're impossible to figure out. So Woodward asks his source to speak a little more clearly. His voice gruff, Deep Throat confirms that Watergate was, in fact, part of a larger, secret campaign of political espionage. Some people call it dirty tricks. And although Watergate started out as just another dirty trick, it quickly got out of hand.

• 10:32Lindsay Graham?

  Woodward nods with excitement. This confirms their reporting. And that means Woodward and Bernstein can publish their story with some confidence, knowing that they've got a source that confirms their facts. But Deep Throat says Woodward needs to know something else. Some of Nixon's closest associates are now scared. And in that state, they're liable to do anything to protect themselves. That means Woodward, Bernstein, and everyone at The Post have to remain careful. The President has destroyed many of his enemies in the past. He won't hesitate to do so again. Woodward knows that's true. But he reminds Deep Throat that he's not some kind of political enemy. He's just a reporter. His only job is to tell the truth. Deep Throat smiles and begins walking away.

• 11:16Lindsay Graham?

  He tells Woodward that's exactly why he should be worried. The truth is powerful. It threatens the President and all of his allies. And anyone who threatens the administration is an enemy by default. Deep Throat then turns and disappears into the shadows. Woodward is left standing in the parking garage, mulling over the warning. He and Bernstein will be careful, it's the smart thing to do. But he won't be silenced by the threat of retribution. His job is to report the facts. And he won't stop until the public has the full truth about Watergate and about the corruption that seems to have taken hold of the White House.

• 11:56Lindsay Graham?

  It's the evening of October 23rd, 1972, in a suburb of Washington DC. The reporters Carl Bernstein and Bob Woodward walk through a light drizzle in a residential neighborhood. They spot a two-story house and check the address. It's the one they're looking for. The two men walk up the driveway, and when they reach the front door, they're greeted by a man with round glasses and an unhappy look on his face. Hugh Sloan used to be the treasurer of President Nixon's reelection campaign. He's been a valuable, confidential source, helping Woodward and Bernstein several times. But recently, Sloan has been hard to get a hold of. The two reporters are on the verge of publishing what may be their biggest story yet. They've already shown that the head of the president's reelection campaign, John Mitchell,

• 12:41Lindsay Graham?

  controlled a secret fund used for political espionage and other potential crimes. But now the reporters believe they can name another White House official who controlled the fund. Woodward and Bernstein have learned that Bob Haldeman, Nixon's chief of staff, also had control over this secret fund. It was a shocking discovery, because as chief of staff, Haldeman acts on behalf of the president. So if Haldeman committed crimes, he may have done so with explicit orders from President Nixon. With this finding, the reporters' investigation has gotten closer to the president himself. But Bernstein knows you can't make these kinds of accusations lightly. And while he and Woodward have spoken with multiple sources, they're not yet convinced they have the evidence they need.

• 13:26Lindsay Graham?

  Ironclad proof that the president's chief of staff may have committed crimes. And that's why they're here tonight, on a drizzly evening, standing on Hugh Sloan's porch. The former treasurer of the president's campaign recently testified before a federal grand jury. In his testimony, he may have identified Haldeman as one of the managers of the slush fund. If he's willing to confirm this, Woodward and Bernstein will have their bulletproof evidence. But grand jury proceedings are closed to the public, so getting Sloan to admit the truth could be difficult. Standing in his doorway, Sloan adjusts his glasses and tells the reporters he's sorry for avoiding them. But he can't talk. Not now.

• 14:07Lindsay Graham?

  Bernstein nods. He tells Sloan this won't take long. It's just a follow-up to one of their previous conversations. Sloan shakes his head. He doesn't want to talk. At this point, he can't get any more involved in their investigation. But Bernstein notices Sloan doesn't walk away or shut the door. A part of him must want to talk. So Bernstein launches into it, reminding Sloan of something he admitted a while back: that there were five officials in the reelection campaign who had control over the slush fund. Bernstein says he only wants to confirm that this is correct. Sloan looks away before confirming that Bernstein is right. Five people controlled the money. Bernstein continues, asking whether Sloan mentioned the names of these officials in front of the grand jury.

• 14:52Lindsay Graham?

  Still looking away, Sloan says he did mention the officials. Hearing this admission, Bernstein's partner, Bob Woodward, steps forward and says they already know four people who control the fund. John Mitchell, former head of the campaign. Jeb Magruder, deputy director. Maurice Stans, the finance chairman. And Herbert Kalmbach, President Nixon's personal lawyer. But there's still the question of the fifth man who controlled the slush fund. In the past, Sloan has said that the man was a White House official. So Woodward wants to know if Sloan would confirm that fact one more time. Sloan nods and says that's correct. And with that confirmation, Bernstein knows they've reached the most crucial part of this conversation.

• 15:33Lindsay Graham?

  It's time for Sloan to identify this fifth man as Bob Haldeman, President's chief of staff.

• 15:41Lindsay Graham?

  Bernstein knows that Sloan is a man with a conscience. He resigned from the campaign less than a month after the Watergate break-in. But even if Sloan's heart is in the right place, this is no small request. The former campaign treasurer must be afraid to speak openly to admit a secret that could tie the President of the United States to a crime. And that's why Bernstein came prepared with a plan. He won't ask Sloan to directly volunteer any new information. He only needs to confirm what the reporters have already uncovered. So Bernstein tells Sloan that he and Woodward already know the fifth man is Bob Haldeman. Then he waits for Sloan's confirmation. But it doesn't come readily.

• 16:22Lindsay Graham?

  His eyes darting, Sloan says Haldeman could be the fifth man, but he won't confirm that tonight. Bernstein and Woodward take another approach, trying to narrow the field. They ask whether two other officials could be the fifth man. Sloan shakes his head, saying it was not those two officials. So Bernstein comes back to the original point. If the other officials didn't control the slush fund, then the fifth man was either Haldeman or President Nixon himself.

• 16:52Lindsay Graham?

  Hearing the president's name, Sloan looks alarmed. And he says that Nixon was not the fifth man. By the process of elimination, Bernstein has gotten the answer they need. It must have been Haldeman. He is the fifth person to control the slush fund used for the campaign's dirty tricks. And he tells Sloan that he and Woodward are going to put out a story making that claim. But if they're making a mistake, they need Sloan to warn them right now.

• 17:17Lindsay Graham?

  For a moment Sloan goes quiet. Then he says he'd have no problem if Bernstein and Woodward published a story like that. Woodward asks for clarification. Does that mean the story is correct? Sloan nods. Says, "Yes, it is correct." The reporters shoot each other a look. And after thanking Sloan for his time, they head back to Woodward's car. Woodward is excited. He believes they're ready to publish. And while Bernstein wishes he had the same uncomplicated feelings, he tells Woodward he's still not entirely sure they're ready. They could still use another confirmation that Bob Haldeman controlled the fund. They're about to point a finger at the president's chief of staff, potentially implicate the president himself. They need to be extra careful.

• 18:01Lindsay Graham?

  Make sure they have not made a single mistake.

• 18:07Lindsay Graham?

  The next morning Carl Bernstein sits at his desk in the newsroom of The Washington Post. Space is littered with coffee mugs and crumpled papers, evidence of another late night spent chasing down sources and confirming facts. But after all the hard work, Bernstein believes that he and Woodward are finally ready to publish their bombshell story. Bernstein spoke with a source in the FBI, who also confirmed that the president's chief of staff was the fifth man who controlled the slush fund at the reelection campaign. Still, it doesn't matter if Bernstein feels ready to publish. He still has to answer to The Post's editors. And the paper's managing editor is still skittish, even with new confirmation from the FBI source. He asks Bernstein to get one final confirmation,

• 18:51Lindsay Graham?

  to be entirely certain of their reporting, before they rattle the country with accusations about the president's right-hand man.

• 19:02Lindsay Graham?

  Bernstein reaches for his phone and dials the number for one of his sources, a lawyer in the Justice Department. If this source confirms the facts in the story, then they should have enough to go to press. Hello? Hi, it's Carl Bernstein. Got a minute? Oh, well, that depends. How can I help you, Carl? I'm about to publish a big story. Woodward and I are claiming that Bob Haldeman is one of the five men who controlled a secret fund used to pull off dirty tricks against the Democrats. And, of course, these tricks would include Watergate. That's a big accusation. It is, yeah. And that's why we have to be cautious. We have confirmation from multiple sources. So, all I'm asking is for you to warn us if there's any reason to hold off. Oh, well, hm.

• 19:47Lindsay Graham?

  Look, I'd like to help you, Carl. I would. But I can't say anything. I was afraid you'd say that. I know this is still an open investigation at the FBI. If I volunteered information, it would be a breach of policy. Okay. Well, okay. Bernstein taps his desk, trying to think of another option. Well, what about this? You don't have to volunteer anything. Instead, I'm gonna count to ten, and if there's any reason for us not to publish our story, hang up before I get to ten. If you're still on the line after I'm done counting, that means the story's okay. Does that make sense to you? I guess so. Okay. Well, here we go.

• 20:28Lindsay Graham?

  One, two, three, four, five, six, seven, eight, nine, ten. You still there? Still here. Wow. Okay. Thank you. Thank you. Of course, Carl. I'm looking forward to not talking to you for the next big story. Bernstein hangs up and pumps a fist in the air. It's official. The story is ready to go to print. The public is going to learn that the President's Chief of Staff was involved in potential crimes, that officials at the highest levels of government spied on their enemies, trying to sabotage them. The revelations are shocking, could even change the outcome of the presidential election,

• 21:13Lindsay Graham?

  which is just a couple of weeks away. Still, Bernstein has not forgotten all the warnings. Things are about to start moving, and very fast. And if history is any indication, President Nixon and his allies will not hesitate to strike back.

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• 23:23Lindsay Graham?

  It's October 25, 1972, in Washington, DC. In the newsroom of the Washington Post, Bob Woodward grabs a copy of the day's paper. He grins as he takes another look at the story that he and Carl Bernstein just published. The story details some incredible discoveries, that the president's reelection campaign had a secret fund used for spying and sabotage operations, and that the president's chief of staff, Bob Haldeman, was one of five officials who controlled the fund. The story is one of the crowning achievements of Woodward's career and is helping unlock some of the darkest secrets at the center of Watergate. Still Woodward isn't going to rest. There's more work to do, and still plenty of secrets left to uncover.

• 24:06Lindsay Graham?

  Woodward is about to make his next call, when he notices one of his colleagues hurrying across the newsroom. Eric Wentworth is The Post's education reporter. He comes to a stop in front of Woodward's desk, his face flushed. Woodward is about to ask what's wrong, but his fellow reporter interrupts him, demanding to know if Woodward has heard the news. Woodward hasn't. He shakes his head no. He doesn't know what Wentworth is talking about. His eyes downcast, the education reporter says he was listening on the radio, and heard something that could destroy all of Woodward and Bernstein's reporting. The attorney for Hugh Sloan has publicly claimed that today's story is inaccurate, and that the two reporters misrepresented his client. Woodward doesn't know what to make of this.

• 24:51Lindsay Graham?

  Just days ago, Sloan, the former treasurer of Nixon's reelection campaign, confirmed in person that the president's chief of staff controlled the secret fund. The assertion seemed unambiguous. But now his attorney is claiming otherwise, saying that his client did not name Bob Haldeman before a grand jury, one of the central facts that Woodward and Bernstein just reported. Woodward grabs his phone and dials Sloan. He's got to clear this up right now. But Sloan's phone just keeps ringing and ringing. No one's picking up. Woodward slams down the receiver, and stalks over to Bernstein's desk. He explains what's happened, how their credibility might be in jeopardy, and all for a story whose consequences couldn't be greater. Bernstein curses and shoots up out of his chair.

• 25:36Lindsay Graham?

  Together, the two reporters jog toward the office of one of The Post's editors. There's a TV in that office, and Woodward and Bernstein need to see if there's any more coverage of Sloan's attorney. They don't have to look long. On a local news channel, Woodward finds a reporter speaking with Hugh Sloan himself. The journalist is asking the former campaign treasurer to comment on The Post's recent story. But Sloan doesn't say anything. Instead, his lawyer steps forward and answers for his client. He says that Woodward and Bernstein got it wrong. When Sloan was speaking in front of a grand jury, he never said Bob Haldeman was the fifth manager of a secret political slush fund. Woodward stares at the TV, his mouth hanging open. How could this have happened? Maybe

• 26:19Lindsay Graham?

  he and Bernstein jumped to conclusions before they had all the facts. Or maybe one of their sources set them up. Maybe it was Sloan himself. Woodward doesn't know the answers to these questions. But what he does know is that he and Bernstein are in serious trouble. They made searing accusations about the highest officials in government, and now their reporting is being called into question. Their reputations and careers could be ruined. It seems the Nixon administration now has the upper hand. They can cast doubt on all of the Post's coverage about Watergate, just two weeks before the election. Woodward feels demoralized and stunned. But they've come too far to give up now. He knows the two reporters have only one option. They need to figure out what happened, where they

• 27:04Lindsay Graham?

  went wrong, and whether someone inside the administration, just like they've been warned, is trying to destroy them. It's October 27, 1972. It's 3 a.m. and in the middle of a cold night in Washington, D.C. But Washington Post reporter Bob Woodward is wide awake and hurrying down a dark street. Woodward pulls his coat tight and glances behind him. It doesn't look like he's being followed, so Woodward finds the staircase leading into the parking garage, his meeting spot with Deep Throat. But Woodward isn't even sure Deep Throat is going to show up. His government source trusted him to get the facts right with Watergate. But after

• 27:45Lindsay Graham?

  this most recent disaster with Hugh Sloan, Woodward wouldn't be surprised if Deep Throat has disappeared.

• 27:55Lindsay Graham?

  Woodward arrives at the parking garage and opens the door. As he steps into the dim, concrete space, he feels himself relaxing. Leaning up against the far wall is Deep Throat, again taking deep drags from a cigarette as Woodward approaches. Well, you lost your big fish, didn't you, Woodward? Alderman slipped away from you. I know.

• 28:16Lindsay Graham?

  And it puts us in a bad place. What do you think happened? You know, when you move on someone like Alderman, you've got to be sure you're on the most solid ground possible. I know. And we double-checked, we triple-checked. We were certain of the reporting. What a royal screw-up. Where did it go wrong? I don't know. Maybe we only heard what we wanted to hear, maybe we weren't careful enough when we put the pieces together. No kidding. What about Sloan, the treasurer? Well, I've talked to Sloan and his lawyer. We had the basic facts right. Alderman was one of the controllers of the secret fund. Well, if that's the case, why did the lawyer issue a denial? That's... It's almost a technicality, but it matters.

• 28:57Lindsay Graham?

  So, we had the basic facts right, except that we reported that Sloan made the claim in front of a grand jury, and the truth is, he never implicated Alderman in that proceeding. So, we got that part wrong. But, you were right about the most important part. Alderman was one of the controllers of the fund. His whole business is a Alderman operation. But now you've got people feeling sorry for him. This is the worst possible setback. No, I know. And now the White House is going after the papers, saying we're liars, partisan, we can't be trusted. God, it's a nightmare. So, please, tell me what we need to do. Deep Throat finishes his cigarette, stubs it out against the wall. Well... You've put the investigation back months.

• 29:42Lindsay Graham?

  You shot too high, and you missed. You have to remember, with a conspiracy investigation like this, the rope has to tighten slowly around everyone's neck. You have to build convincingly from the outer edges in. So, start with the lower-level guys. Get ten times the evidence you need against guys like Howard Hunt, Gordon Lee, the guys on the ground. Guys who ran the operation, go for them. They'll feel hopelessly finished. Then you move up and do the same thing at the next level. Woodward bites his lip as he takes in the advice.

• 30:15Lindsay Graham?

  You're sure this is the best way to do it? Lawyers work this way. I'm sure smart reporters must too.

• 30:23Lindsay Graham?

  Woodward nods. Deep Throat is probably right. Woodward and Bernstein's mistake was to start by targeting men at the top. The attack was premature. Still, even with this setback, their investigation isn't finished. He and Bernstein can start building cases against men like Lydian Hunt. They'll get them talking. And slowly but surely, they'll climb the ladder. And if they get high enough, it may reach all the way up to the president.

• 30:52Lindsay Graham?

  It's mid-February 1973, four months later. In a resort in Southern California, a group of aides to President Nixon files into a small room with a view of palm trees and blue skies. They're dressed for the warm weather, wearing pastel golf pants and polo shirts. Seems like it should be a day to relax, but as White House Counsel John Dean surveys the group, he can see that a somber mood has taken hold of all the officials. For hours, they've been locked in a heated debate, and they don't seem to be getting anywhere. The issue on the table is the president and Watergate. Although President Nixon won reelection by a landslide, his problems with Watergate have not gone away. The botched burglary has stuck around like a festering wound, and most recently, the

• 31:36Lindsay Graham?

  Senate announced that it would launch a full investigation into the break-in.

• 31:42Lindsay Graham?

  Nixon decided he couldn't just wait around for the Senate, so he told his top aides to formulate a game plan and find a way to minimize damage. The men came here to Southern California to come up with that plan. But so far, seems like all they've done is talk in circles. White House Counsel Dean tries to regain focus for the group by reviewing some of the bigger issues at stake. Seven men have been arrested in connection with Watergate. They may be ordered to speak in front of the Senate Committee, and that presents a risk to the president. Nixon's domestic policy adviser agrees. He says the most pressing issue is to make sure the burglars stay silent during any Senate investigation. They're not only guilty of having broken into the Watergate, but they also took part in the administration's other dirty tricks.

• 32:26Lindsay Graham?

  If they reveal anything close to the full truth, the president and his administration will be humiliated and potentially face political and legal trouble.

• 32:37Lindsay Graham?

  Dean nods. He knows all too well that the Watergate burglars present a risk. He's been handling the hush money, paying off the men in exchange for their silence. But burglars have continued to demand more money, and getting those funds has turned into a challenge. But it's not an insurmountable one. And Dean reminds the group that they can get help from John Mitchell, the former head of the campaign. He'll find a way to raise more money to keep the burglars silent. The other aides nod, and that's one issue taken care of. But Dean knows there's still a larger conversation in front of them. They still need some kind of strategy to deal with the Senate's investigation. Once again, the officials begin to talk over each other. They all realize the hearings will be public. The media will be all over this story.

• 33:20Lindsay Graham?

  It'll be a drumbeat of sensational headlines and speculation. And in the end, Nixon and his allies will walk away looking dirty. Dean tries to quiet the room. They need a plan, not more worst-case scenarios. Men sit silent for a moment. Then one official raises an idea. They could aim for total cooperation in the eyes of the public and maximum obstruction behind closed doors. Dean thinks it's an interesting plan. The administration could make itself appear to be very cooperative. That would help with public perception. At the same time, Nixon's aides could stonewall the investigation. The president could even invoke executive privilege as a way to withhold key information.

• 34:03Lindsay Graham?

  Another aide chimes in, saying the administration could even go on the counterattack. They could work the media, make it clear that the investigation is hyper-partisan, that the Democrats are just as guilty of playing dirty. That would redirect the public's attention. Dean thinks it over. For a long time now, he's worked to protect the president. He's kept a close watch on the FBI's investigation of Watergate, and even coached one of the president's campaign officials as he committed perjury in court. Dean will do whatever it takes to protect the president. And this plan, appear cooperative, maintain obstruction, and go on the counterattack, should work. Still, as the men rise and step out into the warm California air, Dean can't ignore

• 34:45Lindsay Graham?

  a quiet voice inside him, a voice telling him that they may be going too far. If they don't turn back now, they might do serious damage to themselves and to the president.

• 35:00Speaker 03

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• 35:45Speaker 03

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• 35:59Speaker 05

  For decades, two legendary brands fought for the hearts of American bikers: Indian Motorcycle and Harley-Davidson. The battle looked a lot like Coke versus Pepsi or Ford versus Chevy, but tastes changed and Indian didn't adapt fast enough. The icon all but died. Then came the con men, the dreamers, a string of spectacular failures that kept Indian in the grave, until one company finally got it right. This is the story of an improbable revival and the reignition of an old rivalry. Hey, I'm David Brown, the host of the podcast Business Wars, and every season, we bring you the true stories behind the companies that shape our world. Indian's new owners are going all in, but an existential crisis looms. Can Indian and Harley recruit enough younger riders to survive?

• 36:42Speaker 05

  Make sure to follow Business Wars wherever you get your podcasts. Audible subscribers can binge all episodes of Business Wars early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.

• 37:02Lindsay Graham?

  It's February 1973 in Washington DC. L. Patrick Gray walks through the west wing of the White House. As he strides through a long corridor, he runs a hand over his short cropped hair and straightens his tie. He needs to look good and put together. Because Gray, the acting director of the FBI, has just been summoned by the President. And if this meeting goes well, he might find himself the new permanent director of the Bureau. Minutes later, Gray steps into the Oval Office. President Nixon is busy working at his desk and gestures for Gray to take a seat. He'll be with him in a moment. Gray pulls up a wooden chair, and as he waits for the President, he gazes across the room. Above the fireplace, there's a portrait of George Washington.

• 37:45Lindsay Graham?

  Large military flags line one of the walls. And on a desk, there's a beautiful bust of Abraham Lincoln. Gray can't help get swept up in all these symbols of American greatness. Gray's spent a lifetime serving his country. First, climbing the ranks in the Navy, and then paying his dues working for the Department of Justice. But the culminating achievement was being named acting director of the FBI. Gray earned the job after the death of the legendary FBI director J. Edgar Hoover. He knew he had large shoes to fill. But now Gray may be in a position to prove that he's up to the task, that he could be the new permanent director of the FBI. But Gray knows he first has to regain the President's confidence. Not long ago, the President asked Gray to place limits on the FBI's investigation of Watergate.

• 38:30Lindsay Graham?

  Gray wasn't able to completely deliver on his promise to do so. But today, Gray plans to reassure the President that he is an ally, and he can be counted on to carry out the President's agenda. A minute later, Nixon looks up from his desk and welcomes Gray. The two exchange a series of pleasantries. And while the President seems to be in a good mood, suddenly Gray notices something shift: Nixon seems to grow furious. Nixon reminds Gray that he hasn't been able to control his men in the FBI. They've continued to leak information to the press. It's an embarrassment, and Gray needs to follow through on his promise. He needs to get control of the Bureau, and he needs to find and neutralize all sources of leaks. The president's anger catches Gray off-guard.

• 39:15Lindsay Graham?

  He finds himself sputtering a response, promising he'll do whatever it takes. Nixon points a finger at Gray, and tells him from now on, he needs to be brutal. He should be feared. That's how J. Edgar Hoover ran the show. And back then, they didn't have any trouble with leaks. Gray nods, as sweat begins to line his forehead. He would try to explain himself, but Nixon is only growing angrier and more frustrated. The president growls, as he tells Gray that he expects absolute loyalty from any permanent FBI director. If Nixon gives an order, that director would need to do it without question. And if the situation calls for it, that director would have to be willing to lie about whatever he did, and swear on a stack of bibles.

• 40:00Lindsay Graham?

  Gray sits quietly for a moment. If he is made the permanent FBI director, he doesn't want to do anything unethical. At the same time, he doesn't want to disappoint the president. Gray admires Nixon as a man, and as a leader of the country. He wants to do his part to support the president's agenda. But Nixon is scowling at him, waiting for an answer. So, having heard the president's demands, Gray dismisses any conflicted feelings, and nods. As the permanent FBI director, he wouldn't have any problem with this kind of arrangement. Nixon leans back, suddenly seeming a bit more calm, and he tells Gray that he's made a decision. He'd like to move forward with Gray's nomination to be the permanent director of the Bureau.

• 40:42Lindsay Graham?

  Gray remains composed and professional as he takes in the news, even if on the inside, he feels a bit giddy. This is one of the greatest moments of his life. But Gray is shaken from his reverie, when Nixon reminds him of the upcoming hearings. Before he takes the new job, Gray will need to gain approval from the Senate, and some members of Congress may have questions about Watergate. But Gray doesn't waver. He tells the president that he can take the heat. He has plenty of practice dealing with foreign questions.

• 41:12Lindsay Graham?

  Nixon nods, and the meeting begins to wrap up. But as Gray is getting ready to leave the Oval Office, the President surprises him with an order. Nixon says that at his confirmation hearings, the Senate may ask questions about Watergate. And if that happens, Gray should throw it all out there and not be defensive. Gray puzzles over the comment. Only minutes ago, the President demanded complete loyalty. He even said that Gray might have to lie on behalf of the Administration. But now he's asking Gray to be honest about Watergate? Gray doesn't know what to make of it. But he doesn't have time to discuss the comment any further, because suddenly the President rises and ends the meeting. Gray stands from the wooden chair and heads to the door. But before he walks out, Gray turns back to the President

• 41:56Lindsay Graham?

  and offers a final reassurance. He says he's a Nixon loyalist, reminding the President that he's willing to do whatever it takes to serve his Administration. The President grins and offers congratulations and a firm handshake. Gray is about to inherit one of the most powerful positions in American government. And together, the two of them are going to do good work and have a strong and lasting relationship.

• 42:23Lindsay Graham?

  It's late February 1973 in Washington, DC. Reporter Bob Woodward steps out of a taxi and begins walking toward a dark tavern, an old wooden bar, the kind that brings in blue-collar types. It's a strange place to have a meeting about government secrets. But it was Deep Throat's idea, and Woodward knows better than to push back against his confidential source.

• 42:48Lindsay Graham?

  Woodward steps into the bar and peers through a cloud of cigarette smoke. As he looks around, he spots Deep Throat sitting alone at a table. Woodward walks across the bar and takes a seat. Well, this is a strange spot. What are we doing here? We're completely exposed. Bob, take a look around. See anyone from The Post? Anyone from the Government? Nah, just a bunch of guys working in structure. We're safe. Deep Throat takes a sip of the drink. Now, tell me, how did The Post like its subpoenas? Great. I thought we were supposed to enjoy a little thing called freedom of the press. Well, it's a terrific concept. How's it working out for you? Well... Uh, the White House wants us to unmask our sources.

• 43:32Lindsay Graham?

  And the reelection campaign has sued The Post. They're demanding our interview tapes, our story drafts, our notes, everything. Catherine Graham, she's fighting tooth and nail. But there's no guarantee we're gonna win. I told you, Bob, you guys are playing with fire. And it's only the beginning. Nixon thinks the press is out to get him. He's doing everything in his power to stop these leaks. Well, it is a lot. How worried do you think we should be? I told you, you have to be careful. But just keep doing your job. Now, I think we've talked enough about that. You said you had something on your mind. How can I help? I do. I've been racking my head, trying to figure something out.

• 44:11Lindsay Graham?

  So Nixon wants Pat Gray to be the permanent director of the FBI, but I don't get it. What's the play? If Gray faces the Senate, they're gonna tear into him about Watergate. And that exposes the White House. Why now? I must be missing something. Well, you are. Okay. What is it? Well, start by asking yourself, what does Nixon need right now? Control? Exactly. That's what he gets with Gray. A man Nixon can play like a fiddle. Now, Gray has made it very clear that his first loyalty is to Nixon, not the country, and certainly not the FBI. So Nixon gets control of the leaks, control of the story. And not just about Watergate, but everything else, too. The spying, the sabotage, all the dirty tricks.

• 44:56Lindsay Graham?

  Nixon has his man, someone who can make their problems go away. Well, he can't make The Washington Post go away. Oh, Bob, the flood is coming, I'm telling you. But, still, just keep going. They can't stop the real story from coming out. That's why they're so desperate. Deep Throat finishes his drink and rises. But remember what I told you. You be careful. You and the paper. Wait them out. Don't jump too fast.

• 45:24Lindsay Graham?

  Woodward gets up and sets a $5 bill on the bar. As he makes his way back into the cold night air, he suddenly feels rejuvenated. The Nixon administration will continue to play dirty. They'll attack their enemies in government and in the press. And The Post may come under fire from the FBI now that Nixon has a loyalist in charge. But Deep Throat is right. Nixon and his allies must be getting desperate. And if they are, it means Woodward and his partner Carl Bernstein are getting even closer to the truth about Watergate, the administration, the corruption that rises all the way through the American government to the very top. From Wondery, this is episode three of Watergate from American Scandal.

• 46:09Lindsay Graham?

  In our next episode, acting FBI director L. Patrick Gray faces a grueling confirmation in the Senate, and White House lawyer John Dean decides whether to stay silent or to betray the president. American Scandal is only possible because of listeners like you, so thank you. And don't miss an episode. Be sure to follow American Scandal on Audible or wherever you get your podcasts. And Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. And to find out more about me, including my other podcasts, my live show, the history tours I'm arranging, and all sorts of other things, go to historyishuman.com.

• 46:50Lindsay Graham?

  That's historyishuman.com. If you'd like to learn more about Watergate, we recommend the books Watergate by Fred Emery and All the President's Men by Carl Bernstein and Bob Woodward. This episode contains reenactments and dramatized details. And while in most cases we can't know exactly what was said, all our dramatizations are based on historical research. American Scandal is hosted, edited, and executive produced by me, Lindsay Graham, for Airship. Audio editing by Molly Bach, sound design by Derek Behrens, music by Lindsay Graham. This episode is written by Hannibal Diaz, edited by Christina Malsberg. Our senior producer is Gabe Riven. Executive producers are Stephanie Jens, Jenny Lauer-Beckman, and Marsha Louis for Wondery.

• 47:35Speaker 06

  I'm Gemma Whelan, and in the new season of The Spy Who, we tell the story of the original femme fatale, the spy who was Mata Hari. A famous dancer turned World War I secret agent, accused of seducing Allied officers to uncover their plans. But was she a temptress or a scapegoat for French failures? Follow The Spy Who now, wherever you listen to podcasts. You can also listen to the full season of The Spy Who Was Mata Hari, early and ad-free on Audible.