ENCORE: Watergate | The Cancer Within | 4

Senate hearing sets in motion a new crisis. With the cover-up unraveling, White House counsel John Dean takes matters into his own hands. 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 February 28, 1973, in Washington, DC. L. Patrick Gray, the acting director of the FBI, makes his way through a Senate office building on Capitol Hill. He steps inside Room 1202, and as he surveys the busy hearing room, Gray smooths his jacket and straightens his tie.

• 0:44Lindsay Graham?

  In just a few minutes, Gray is going to sit in front of a panel of United States senators and endure what's likely to be a marathon of questions. Gray was nominated by President Nixon to be the permanent director of the FBI, but before he starts the job, he has to receive confirmation from the Senate, and that means surviving a series of public hearings, which are bound to be grueling and will almost certainly focus on the issue of Watergate. It's a story that just won't go away. Months ago, several men were caught breaking into Democratic headquarters at the Watergate complex. When the FBI learned about the crime, their agents began a dogged investigation, trying to understand why the burglars had targeted Democrats.

• 1:25Lindsay Graham?

  But despite the broad scope of the investigation, the Bureau has still been criticized by lawmakers and journalists. Some have even suggested that Gray downplayed or ignored evidence that could damage the President. The smears have gotten ugly, but Gray doesn't think he's done anything wrong. It's true that he pledged his loyalty to the President and that he's collaborated with the President's allies, but that's the nature of the job. Gray serves at the pleasure of the President. Still, his larger purpose is as clear as it's ever been. Gray is a longtime civil servant. He's dedicated to American democracy and the rule of law, and he believes that's all the Senate needs to hear: that his heart is in the right place, and that he has what it takes to be the next permanent director of the FBI.

• 2:12Lindsay Graham?

  Gray takes a seat in front of the senators, and the committee's chairman calls the hearing to order.

• 2:18Lindsay Graham?

  The Senate Judiciary Committee is about to begin hearings on the confirmation of Patrick Gray to be director of the FBI. Now, Mr. Gray, I want to get to the heart of an important matter. I'm talking about Watergate, of course. Tell us about your first instructions to the Bureau after you learned about the break-in. Well, thank you, Mr. Chairman. I'd be happy to answer all your questions. To begin with, after I learned about the burglary, I got on a telephone and called my number-two man. We started in right away. What were your instructions? Told him to go to the hilt, spare no horses. It was my decision to conduct an aggressive investigation. And was that done? Yes, sir, that has been done. When I learned the identity of Frank McCord, one of the burglars and a security officer

• 3:03Lindsay Graham?

  for the President's reelection campaign, I knew we were in a situation that could have all kinds of possibilities. Now, Mr. Gray, there's been a lot of reporting in the press, and by now, the FBI investigation must be a large case file. What is your policy if this committee would like to see that file? Gray pauses. This question puts him in a difficult position. On one hand, President Nixon demanded complete loyalty and made it clear that Gray might have to lie to protect the administration. Gray knows that if it's made public, the FBI's case file could damage Nixon. But the President gave conflicting instructions. He also told Gray to be open and forthright during his Senate hearings. So that's what Gray is going to do. Well, Mr. Chairman, even though the following statement could be interpreted to shatter precedent,

• 3:48Lindsay Graham?

  I feel that this situation is unique. I'm prepared to offer that any member of the US Senate may examine the FBI's file on Watergate. We have nothing to hold back.

• 3:59Lindsay Graham?

  Thank you, Mr. Gray. Moving on, we have a question from another member of the panel. Thank you. And, Mr. Gray, this is related. The White House has, from time to time, asked for certain files, has it not? That's correct. I've also given John Dean, the White House counsel, copies of the interview reports. And according to the summary you've provided, Mr. Dean was also present during the FBI interviews at the White House. Gray pauses again. The senator has just asked whether the FBI allowed a top White House official to get involved in the Bureau's investigation. An investigation looking at potential crimes connected to the White House. That could give the appearance that the Bureau's investigation is compromised. Still, Gray is not going to hold back. Not after the president told him to be honest at these hearings.

• 4:43Lindsay Graham?

  That is correct. Mr. Dean was present during the FBI interviews. Is that a normal procedure? An honest answer to that question has got to be "no." That is not normal procedure. The senators break out in quiet murmurs. And as the hearing continues and Gray answers more of the senators' questions, the gravity of his statement suddenly dawns on him. Gray just admitted that the White House is deeply involved in the FBI's investigation. He made clear that he handed over documents to the White House counsel. And in the spirit of candor, Gray offered the Senate access to those same FBI case files. All of this may have given Gray the appearance of cooperation and honesty, and that may help him secure his confirmation.

• 5:26Lindsay Graham?

  But Gray also knows he might have just planted a bomb. One that could destroy his own career. Maybe even the president himself.

• 5:39Speaker 01

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• 6:10Speaker 02

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• 6:49Lindsay Graham?

  From Wondery, I'm Lindsay Graham, and this is American Scandal.

• 7:12Lindsay Graham?

  In the aftermath of the Watergate burglary, President Richard Nixon found himself under siege. Although Nixon himself did not order the break-in, senior members of his administration and reelection campaign were involved in the crime. The truth began to trickle out, as reporters Bob Woodward and Carl Bernstein continued digging into Watergate. At the same time, the FBI was pursuing an investigation of the break-in too. And despite the president's efforts to limit the FBI's work, federal officials uncovered damning evidence about the burglary and the involvement of some of President Nixon's closest allies. The crisis continued to mount, as the United States Senate opened its own investigation. By that point, President Nixon had already ordered a cover-up, but with his back now

• 7:56Lindsay Graham?

  against a wall, Nixon knew he had to take action to protect himself. The president ordered his aides to come up with a new game plan, a way to beat back the Senate's investigation and to protect his administration from any further attacks. One of the aides tasked with developing this plan was John Dean, the White House counsel. Dean had long been loyal to the president, but with the crisis growing deeper by the day, Dean soon realized he would have to take bold action on his own. This is Episode 4: A Cancer Within.

• 8:30Lindsay Graham?

  It's March 21, 1973, in Washington, DC. John Dean steps into the Oval Office, where he finds President Nixon busy at work behind his desk. Nixon lifts a finger and tells his White House counsel that he'll be with him in a moment. He needs to finish reading something first. Dean nods and takes a seat. As he waits, he watches the president, trying to gauge his mood. What he sees is reassuring. President Nixon looks calm. His eyes are wide and alert. And as he flips through the brief he's reading, the commander-in-chief doesn't look troubled or distracted, even with all the issues stemming from Watergate swirling around him. Dean knows things haven't exactly gone according to plan. Dean himself has had to break the law in order to maintain the cover-up.

• 9:13Lindsay Graham?

  He's had to funnel hush money to the Watergate burglars, and he's even had to shred incriminating documents. As a lawyer, he knows he put himself in legal jeopardy. But Dean is more than just an attorney. He's a proud American and a proud supporter of the president. And despite everything that's happened, Dean has remained loyal to Nixon and willing to take on difficult tasks as long as they protect the president. Still, that does not mean Dean is going to walk around wearing blinders. Watergate has begun to spin out of control. And if Dean is going to protect the president, the two men need to have a frank talk.

• 9:51Lindsay Graham?

  So when Nixon looks back up, Dean announces that he needs to share some difficult news. The Watergate cover-up seems like it could blow open at any moment. The burglars are awaiting sentencing, but their leader, Howard Hunt, is now blackmailing the president. Hunt, a former CIA officer, is demanding larger hush money payments. And if he doesn't get the money, Hunt says he'll spill the truth about the break-in. The president nods gravely as he takes in the news. Dean is glad to see that the president is concerned and that he's got Nixon's attention. Because Dean believes it's time to pivot and to take a much different course of action rather than just continuing to pay off burglars for their silence. But before he can explain his new plan, Nixon asks how much money it would take

• 10:34Lindsay Graham?

  to keep Hunt and the other burglars happy. Dean shakes his head. He's crunched the numbers and it's not good. They probably need a million dollars over the next two years.

• 10:46Lindsay Graham?

  Nixon pauses as he considers the high price tag. But Dean is surprised when Nixon says they could get the money and they could get it in cash. They won't have any issue keeping the burglars silent. This is not what Dean wanted to hear. They can't just stay the course. So Dean explains how they've got bigger problems than just money. Everyone involved in the cover-up is starting to get lawyers. They're obviously feeling exposed. And it's no thanks to L. Patrick Gray, who revealed too much when he spoke at his Senate confirmation hearing. People are now spooked, and it looks like they're getting ready to save themselves, even if that means damaging the administration. Hearing the reminder about Patrick Gray and the FBI, Nixon scowls. And he explains what all of this adds up to. Dean's cover story has been broken.

• 11:34Lindsay Graham?

  For a moment Dean stares at the President. That comment didn't sound like a mere observation, it sounded like a warning. That Dean is compromised, and Nixon is prepared to turn him into a scapegoat. Dean is unsettled as he processes what might be a threat. He knows the President wouldn't hesitate to throw him under the bus, despite Dean's loyalty and personal sacrifices. It's a scary possibility, but Dean won't let that happen. So he again hammers home a message to the President. Watergate and the cover-up has become a cancer on the presidency. And if Nixon wants to protect himself, the problems have to be carved away. Nixon leans back in his chair and furrows his brows. He asks for suggestions. What should they do?

• 12:19Lindsay Graham?

  Dean is relieved to see the President still looking to him for advice. Their relationship might be salvageable. So Dean says they should cut their losses, and admit a cover-up did take place, but at the lowest level possible. Doing so would cause some damage, but ultimately it would insulate the President, protecting him from any association with crimes. Dean finishes laying out his proposal, and to his surprise Nixon says he's on board. Dean and the others should go ahead and hash out the details. They should find a way to pin blame at a lower level, and end this fiasco once and for all. Dean nods. He now has his orders, and it's time to take action. So Dean rises and exits the Oval Office.

• 13:00Lindsay Graham?

  But as he steps back into the corridor of the West Wing, he notices he's sweating and his heart is pounding. The President did make the right decision. It is the smartest plan moving forward. But Dean is shaken. He's been deeply loyal to the President, committing any number of crimes on behalf of his administration. But Dean cannot let go of the President's subtle threat, that Dean will be turned into a fall guy if the situation calls for it. Dean knows there's no way he can defend himself if he's up against President Nixon. It's an unfair fight, so Dean has only one option. He has to work harder, and do more to make sure this crisis quickly comes to an end.

• 13:43Lindsay Graham?

  A week later, White House Counsel John Dean knocks on a wooden door in the west wing of the White House. A few moments pass. Then the door opens a crack, revealing a sliver of a man's face. He has bloodshot eyes and stubble on his chin. And for a moment, he pauses, squinting back at Dean. When the man finally opens the door, Dean realizes who he was looking at. Jeb Magruder, the deputy director of President Nixon's reelection campaign, and one of the men who authorized the Watergate burglary. Magruder normally looks clean-cut, with short brown hair and expensive suits. But gazing at him now, Dean can tell there's something off. Magruder looks like he hasn't slept for days. He's worn thin. There's something menacing about him.

• 14:28Lindsay Graham?

  Magruder orders Dean into the room. And as he steps into the small office, Dean quickly takes in the surroundings. The room is messy and dim. All of the blinds are closed tight. And sitting behind a desk is John Mitchell, the former Attorney General and former head of the President's reelection campaign. Mitchell is sitting, smoking a wooden pipe, and avoiding eye contact with Dean. Suddenly, Dean gets a bad feeling, like he just stepped in front of a firing squad. Dean starts to speak, but Magruder tells him to take a seat. And he reminds Dean why they called this meeting. Days ago, the Watergate burglar James McCord decided to start talking. McCord revealed that he and his fellow defendants had committed perjury during their trial. He also claimed that the burglars had been directed to lie, under oath, by President

• 15:13Lindsay Graham?

  Nixon's allies, including Magruder and Dean. The news was devastating, and the statements threw Dean's plans into disarray. McCord made clear that top officials were involved in the cover-up. Dean could no longer pin it on just lower-level employees. McCord's statements also set in motion another possibility: that Dean may be called to testify in front of a federal grand jury. And if that happens, Dean may be forced to contradict previous statements by other Nixon officials, potentially implicating them for crimes.

• 15:46Lindsay Graham?

  Mitchell, the former Attorney General, takes a puff from his pipe and locks eyes with Dean. He says he's heard rumors that Dean is planning to spill the truth. Dean is about to respond, but McGruder beats him to it, saying there's no way Dean can tell the truth. McGruder already lied in front of a grand jury about his involvement in Watergate, and if Dean speaks honestly, he'll expose McGruder to charges of perjury. Dean has to stick to the cover story. He should be willing to make any sacrifice that's necessary for the good of the administration. Mitchell takes another slow drag from his pipe, and as Dean looks back and forth at the two men, he realizes that his worst fears have come true. Nixon's allies have grown paranoid.

• 16:28Lindsay Graham?

  They know this entire scheme is starting to unravel, and they're asking Dean to take a huge risk, to commit perjury, in order to protect everyone else. The room goes quiet as the men wait for Dean's response. It's a frightening, still moment, and Dean knows that with one wrong move, he could earn himself some powerful enemies. Dean says yes. The more he thinks about the aftermath of Watergate, the more he thinks they can all work it out. McGruder asks if that means he's willing to play ball, and Dean nods. He'll corroborate their false testimony and protect them from charges of perjury, because they're partners. McGruder steals a glance at Mitchell. Then he grins and reaches out with a firm handshake.

• 17:13Lindsay Graham?

  That's great news. It's all they needed to hear. Dean nods and forcing a grin. He wishes the men well, promising that they're going to get through this, that they'll be okay. Soon the meeting ends, and Dean steps back into the hallway, trying to look easy and calm. But when the door closes, he takes a deep breath, and as fast as he can, he hurries away. Dean just lied. He is not going to play ball, and he is not going to commit perjury just to save the other men involved in Watergate. He didn't think you could ever come to this, that Watergate could spin so far out of control. But it's become a worst-case scenario, and Dean knows it's time to change course, to

• 17:56Lindsay Graham?

  protect himself, even if that means sacrificing some of the President's men.

• 18:05Lindsay Graham?

  It's the evening of March 30th, 1973, two days later. John Dean enters a five-story apartment building just outside Rockville, Maryland. He presses a button for the elevator. But as he waits for the elevator to arrive, suddenly, he starts to panic. He asks himself, "What is he doing here?" Dean knows he shouldn't be here. He should go. He should leave right away and get back to DC. But then the elevator door opens, and Dean shakes his head. He might be scared, but it is too late to turn back now.

• 18:42Lindsay Graham?

  A minute later, Dean steps out of the elevator and approaches an apartment on the left side of the hall.

• 18:50Lindsay Graham?

  When the door opens, he comes face-to-face with a criminal defense lawyer named Charles Schaefer, a lean man with graying hair. John, come on in, we've got a lot to talk about. Dean follows Schaefer into a room that's almost completely empty. Charlie, this, this place is a little creepy. Why are we meeting here? I use this space when I have a client who doesn't want to be seen at my office. And I figure you might meet that description. Am I right? Yeah, yeah, you're right. Well, take a seat, and let's get to it. You're in pretty deep with the whole Watergate situation, aren't you? I am, yeah, it's true. And you're looking for help? That's also true, but now that I'm here, I don't, I don't know if I can speak openly. It's, uh, it's a lot.

• 19:34Lindsay Graham?

  John, telling the truth can be a cathartic experience. I think you know that. You'll feel better. I'm not looking for psychotherapy, Charlie. I'm trying to find a way out of my bad situation. Well, if that's the case, you're in the right place. But first, you have to talk to me. Just start from the beginning. Dean runs a hand through his hair, and he thinks back to the early days of Watergate. Uh, well, I'll start by saying, White House officials, myself included, were involved in the Watergate cover-up. Okay. Let's talk specifics. Dean pauses. Look, there, there's a lot. I, I came here because I want a cooperation deal. I'll tell the truth, but I want some guarantee I won't be prosecuted. Do you think you can get me that? Well, I like everything, it depends. You might get a deal.

• 20:19Lindsay Graham?

  But I can't make any promises until you tell me more of the facts.

• 20:24Lindsay Graham?

  Well, fine. I was in the room when Gordon Liddy first suggested breaking into the DNC. It was all part of a bigger plan. Cra- crazy stuff, espionage. Now, we all know the break-in went south, but the burglars aren't talking for a reason. And that's because I've been sending them money. A bunch of us, Erlichman, Mitchell, McGruder, among others. We've done a lot to conceal the truth. Well, that's interesting. So after all that effort, why now? Why are you ready to talk now? Because the cover-up is falling apart. The investigation is depressed, people are running scared. And it seems like people close to the president, and maybe, maybe even the president himself. They may be trying to pin everything on me.

• 21:08Lindsay Graham?

  They're just trying to save themselves, and that's why I'm here. I need to protect myself. I need to know if you can help me. Well, of course, John, I will help you. But it sounds like you're guilty of some pretty serious crimes. Still, if we're smart and careful, we might be able to negotiate a path forward. One that involves minimal jail time. Dean puts his head in his hands. I did everything thinking I was one of the good guys. And I still can't shake the feeling that betraying people who trust me might make me one of the bad guys. Yeah, that's tough. And it's not for me to say. But I'll tell you this. I think you made the right choice coming here. It is the right move to come clean.

• 21:53Lindsay Graham?

  Dean has been carrying a heavy burden for months. Schaefer is only echoing Dean's own feelings. It is the right move to come clean. Telling the truth felt liberating. But Dean knows that honesty only goes so far. Soon he'll have to tell his story to prosecutors, maybe even Congress. His life could be turned upside down. And even if he's praised for exposing Watergate, there's no doubt Dean will face the wrath of the President of the United States.

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• 23:34Lindsay Graham?

  It's April 15, 1973, in Rockville, Maryland. White House Counsel John Dean takes a seat at the long table and nods at his attorney. It's been a long day, and the questions have been tough. But Dean is ready to get back to it, to keep trading information with prosecutors, with the hope that he may be able to earn a cooperation deal. Dean's lawyer heads to the door and calls back in a pair of federal prosecutors. As the men take their seats at the conference table, they review everything Dean has admitted over the past few days. How he and fellow officials orchestrated a cover-up of Watergate. How they've been paying off the burglars in exchange for their silence. Dean nods, but it's difficult to hear the prosecutors lay out the crimes like this. But in some way, it's also a relief.

• 24:19Lindsay Graham?

  He's done hiding. Now he's speaking openly, he may be able to earn legal immunity and avoid a long prison sentence.

• 24:28Lindsay Graham?

  The prosecutors finish summarizing Dean's admissions and look up from their notes. Dean gets a small sliver of hope. This might be it. They might be ready to offer a deal. But the prosecutors have bad news. Dean has not given them enough. They want more. And if they don't get it, there's no deal for immunity. Dean has crestfallen. He doesn't know what to do. He could potentially implicate President Nixon and admit his role in the cover-up, but that's a line he's not willing to cross. At least, not yet. Dean turns to his attorney with a look of desperation. But he can see in his attorney's eyes that the prosecutors aren't fooling around. Dean will not get any kind of deal unless he speaks up and gives them more.

• 25:13Lindsay Graham?

  Dean rags his memory, trying to dig up something useful. And it's at that moment that Dean remembers a White House secret that could change the entire conversation. His heart pounding, Dean tells the prosecutors that he has information about another major criminal case. On its surface, it appears unrelated to Watergate, but it reveals a lot about the men behind the break-in and the kind of crimes they're willing to commit. The prosecutors lean forward and nod. They are listening. Dean begins a story about the Watergate criminals, men like G. Gordon Liddy and E. Howard Hunt. The group was involved in another burglary, which took place in the summer of 1971. It was in Los Angeles, California, and the group broke into the office of a psychiatrist

• 25:57Lindsay Graham?

  named Dr. Louis Fielding. One of the prosecutors raises an eyebrow. He doesn't see what a shrink has to do with political espionage. But Dean explains. This wasn't an ordinary doctor. One of his clients was a man named Daniel Ellsberg. At the mention of Daniel Ellsberg, the lead prosecutor sits back with a look of shock. Everyone knows Ellsberg. He's the former government consultant who leaked a classified study on the Vietnam War, a series of documents now known as the Pentagon Papers. The leak was an international sensation, and it fueled public criticism of the war and hurt the public's trust in government. Ellsberg quickly became one of Nixon's most reviled enemies.

• 26:40Lindsay Graham?

  And that's why, Dean explains, Nixon's operatives broke into the office of Ellsberg's psychiatrist. They were looking for embarrassing information about the whistleblower, material they could use to damage Ellsberg's credibility. In the end, the burglars walked away empty-handed. But that doesn't change the fact that they committed a felony. And it offers further proof that the president's allies have a history of committing politically motivated crimes.

• 27:07Lindsay Graham?

  The lead prosecutor leans forward and tells Dean that this story is incredible. But they can't offer any deals unless Dean has proof. Dean smiles, saying that that won't be hard to get. The Justice Department already has the proof. It's inside their Watergate files. There are photos of Lyddie and Hunt as the two men cased the psychiatrist's office before the break-in. The two prosecutors glance at each other. And Dean tries to suppress a grin. He can tell that they weren't aware of the photos. And he knows he just alerted them to evidence that they already had.

• 27:39Lindsay Graham?

  A moment later, the prosecutors packed up their bags and thanked Dean for his time. As they make their way out, they tell him that they may soon have some good news. The lead about the psychiatrist is exactly the kind of information they're after. And it could very much help Dean's case for immunity. But Dean knows this is not the end of the conversation. He's going to have to keep talking. And someday soon, he may have to tell the full truth about the president and Nixon's role in the cover-up.

• 28:10Lindsay Graham?

  That afternoon, President Richard Nixon climbs the gray steps of the Executive Office Building across from the White House. It's one of the oldest buildings in Washington with large columns and an imposing granite facade. Nixon has always thought it was a beautiful structure. But what Nixon especially likes about the building is that it houses his private office, a place where he can host secret meetings with his associates, meetings that have grown more regular and more intense in recent days. With the cover-up unraveling, Nixon's top aides have begun to panic. It's clear they see Watergate as a full-blown crisis. But the president isn't panicking. He still thinks he can get control of the situation. And that's why he's meeting with Richard Kleindienst, the current US Attorney General and a helpful ally.

• 28:54Lindsay Graham?

  Kleindienst called Nixon and sounded upset. But Nixon knows whatever the issue, it's not insurmountable. He just needs to calm his Attorney General and make sure the FBI's Watergate investigation is under control.

• 29:08Lindsay Graham?

  Nixon climbs a flight of stairs. And as he approaches his private office, he sees Kleidings, a man who's middle-aged and a bit stocky. Mr. President, I'm so glad we could meet. Now, I need to start to tell you- Hang on, Richard. Don't say a word until we have a little privacy.

• 29:24Lindsay Graham?

  The Attorney General nods as Nixon unlocks the door and the two enter the office. All right, now we can talk. What's going on? Well, Mr. President, I have some bad news. Your counsel, John Dean, has been meeting with the Watergate prosecutors. I'd heard the prosecution wanted to meet with him. But Dean knows what to do. He'll steer them away. Watergate went no higher than Jed McGruder. Well, sir, that would be all well and good, but Dean has been talking about what happened after the break-in. He's implicating your men in a cover-up. Nixon stares. No, no, no, Dean wouldn't do that to me. Sir, I'm under the impression that he feels he has to. He's trying to gain immunity. And what the hell does that mean? Immunity? What's he telling them? Well, if my sources are correct, he's pointing the finger at some of your closest associates.

• 30:09Lindsay Graham?

  Erlichman, Haldeman. He's saying that they helped facilitate the cover-up. And that puts you in a tough position. Oh, God. He's turned on me. He's trying to destroy my administration. You can see why I wanted to meet with you.

• 30:25Lindsay Graham?

  So what comes next? It's time for me to have a talk with Dean? Well, Mr. President, what are you planning to do? I'll tell you one thing. We're gonna have to take care of business.

• 30:36Lindsay Graham?

  Nixon dismisses the Attorney General. And sitting alone once again in his private office, the President begins to bristle with anger. His ally, his confidant, John Dean, just committed an act of betrayal. That kind of backstabbing is unthinkable and unforgivable. For a moment, Nixon feels the impulse to go after Dean, to crush him with a full weight of his executive power. But the more he thinks about it, the more Nixon realizes he can't strike back. Dean is linked too closely with the presidency. And if Dean goes down, he could take Nixon down with him. Revenge is not the best option, at least for now. Nixon realizes he'll have to temper his anger. He has to remain focused on the most effective strategy.

• 31:17Lindsay Graham?

  And when he does speak with Dean, he'll have to strongly persuade his counsel not to make any rash decisions.

• 31:28Lindsay Graham?

  Later that evening, John Dean takes a seat across from the President of the United States. It's 9:20 at night and the two men are meeting in the President's private suite in the Executive Office Building. As Dean gazes at the President, a tremor of fear shoots up his spine. Nixon is sitting in the shadows, with only a pale lamp casting a dim glow on one side of his face. There's something alarming, dangerous, volatile rage that the President is barely concealing. Nixon begins by saying he knows the truth. He knows that Dean, his own counsel, has implicated his Chief of Staff, Bob Haldeman, and his top domestic policy adviser, John Ehrlichman. And Nixon knows that Dean committed this betrayal while lying to the administration, making everyone think he was trustworthy.

• 32:13Lindsay Graham?

  Nixon leans forward with a scowl. He wants to know what Dean has to say for himself.

• 32:20Lindsay Graham?

  Taking a deep breath, Dean tries to compose his thoughts. He can imagine that the President is furious and feels hurt. And his first impulse is to try to make things right, to appease the President and make him happy. But Dean knows he has to be honest. He reminds the President that nothing has changed since they spoke a few weeks ago. Dean still believes that the Watergate conspiracy has to be brought to an end. It still has the potential to destroy Nixon. But it was clear that Nixon wasn't ready to put an end to the cover-up. So Dean decided to do it for him. He began naming the officials involved in the conspiracy, and he even admitted to his own crimes. Dean is willing to make a personal sacrifice if it saves the presidency.

• 33:02Lindsay Graham?

  But he wants to be clear. Dean refuses to be made the scapegoat for the entire scandal.

• 33:10Lindsay Graham?

  Nixon narrows his eyes and for a moment sits just staring at Dean. And then the President asks the question Dean knows has been hovering in the background this entire time. Nixon wants to know if Dean implicated him, the president, for any crimes. Dean tells the truth. He has not told the prosecutors about Nixon's own involvement. And he has no plans to do so. He is still loyal to the president. Hearing this, Nixon exhales in relief. And he speaks quietly as he admits he knows he could have done a better job handling the Watergate problem. He's gotten too involved, and he exposed himself to legal risks. But Nixon appreciates Dean's honesty and loyalty. That's what a White House counsel is for.

• 33:52Lindsay Graham?

  And so unless Dean has anything else to say, he can leave. Dean pauses. There's a lot he could tell the president. And a lot his conscience is begging him to admit. But that's a conversation for another time. Right now, all that matters is that President Nixon seems to have forgiven Dean. It does not appear that he's about to face any kind of retribution. So Dean rises and shakes the president's hand. And together, the two make a vow. They're going to get through this. And even if things get ugly, Watergate is not going to sink this presidency.

• 34:30Speaker 05

  A dark night, a quiet house, but inside, danger was lurking.

• 34:34Speaker 06

  Oh, not really. We have Xfinity Shield, so we're not worried. What if protecting your home and devices could be drama-free? Xfinity. Imagine that. Restrictions apply. Not available in all areas.

• 34:45Speaker 07

  Ghosts aren't real. At least, that's what journalist Tristan Redmond always believed. Sure, odd things happen in his childhood bedroom, but ultimately, he shrugged them off. Until he discovered that he wasn't alone, that everyone who lived thereafter him also had bizarre experiences they couldn't explain. And it gets even weirder. It just so happens that his wife's great-grandmother was murdered in the house next door. Is this ghost somehow connected to her murder? He decides to go where no son-in-law should, digging up a cold case and asking questions that nobody wants answered. Like, could his wife's great-grandfather have gotten away with the perfect crime? This is a podcast about family secrets, overwhelming coincidence, and the things that come To haunt us.

• 35:30Speaker 07

  For the best bingeable series like Go Story, listen to the Audible True Crime Podcast wherever you get your podcasts. Audible subscribers can get all episodes early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.

• 35:53Lindsay Graham?

  It's April 16th, 1973 in Washington DC. Pale morning light streams into Richard Nixon's private office as the president paces anxiously around the room. Nixon knows he shouldn't be upset. He's the most powerful man in the world, and yet he has to admit that right now he feels exposed. All last night, he kept coming back to his conversation with John Dean, the White House counsel. Nixon isn't convinced that Dean is trustworthy, and that's why Nixon is looking for more intelligence. He needs to figure out whether it was the right move letting John Dean off the hook, or whether it's time to take a more drastic step.

• 36:33Lindsay Graham?

  Nixon stops pacing. Henry, is that you? Yes, Mr. President. Well, come on in. The door opens and Henry Peterson, an assistant attorney general, enters the room. Peterson is a no-nonsense kind of man and one of Nixon's closest allies in the Justice Department. He often provides inside information that helps the president stay one step ahead of the Watergate investigation. And normally Peterson is unflappable, but today he looks flustered. Mr. President, there's been some developments. We're learning that John Dean is becoming a significant problem. Ah. Dean promised he wouldn't say anything to incriminate me. Well, sir, I'm afraid things might have changed. Dean's lawyer is now saying that he wants immunity, and he wants it now. And he's made it clear that he's willing to play hardball to get it.

• 37:18Lindsay Graham?

  Well, is he only making vague threats, or is the man actually promising to do something? Dean says that if he's not granted immunity, he's going to put your whole administration on trial. And what exactly does that mean? It means that if he's put on the stand, he'll say he was just following orders from your men and from you. Now, hold on a second. Not just Holloman or Ehrlichman, he brought me into this? He did, sir. No, that son of a... I can't win. Can't win. If he gets immunity, he could spill everything. But if he doesn't get immunity, he might be bitter and try to drag me down with him. It does seem like a bit of a poker game, sir. Nixon leans against a chair, trying to figure out a way forward. This seems like a lose-lose situation.

• 38:03Lindsay Graham?

  But suddenly Nixon gets an idea. No, no, no. There's a way to stay a step ahead. I could come out publicly and say Dean will not get immunity. I can influence decisions at the Department of Justice. Dean knows that. But what does that accomplish? You don't see it? If Dean knows a cooperation deal is off the table, he can't go on and point his finger at other people. He'd only incriminate himself. But like you said, he could grow bitter. He could try to drag you down with him out of spite. Not if he thinks there's a chance, somewhere down the line, that I'll give him a pardon. Ah, sir, that's a big risk. You think it'll work? I don't know. You tell me what other options are there.

• 38:43Lindsay Graham?

  The Assistant Attorney General remains silent, and for Nixon, it's a sign that he's right. Backing John Dean into a corner is the only way he can win this battle. Dean has always maintained that he's a man of principle, but like everyone else, at the end of the day, he's only motivated by self-interest. Luckily, President Nixon is still the one in power. He can single-handedly shape the policy of the Justice Department. And if Peterson is right, if this is a game of poker, then Nixon is the house, and he can deal the cards any way he wants.

• 39:17Lindsay Graham?

  It's July 12, 1973, three months later. It's early in the morning as Alexander Haig strides through the White House, carrying today's briefing for the President. Haig is the new Chief of Staff, and having served in the Army as a general, he likes to start the day early and get going on the pressing issues facing the White House. Haig checks his watch. The President should be up by now, but for some reason, he still hasn't gotten notice that the President is even out of bed. So Haig turns on his heels and heads for the staircase leading to the second floor. He's going to peer in to see if Nixon is awake. And if he is, they'll get going with today's briefing.

• 39:56Lindsay Graham?

  But as Hague walks through the White House, he can't help but notice the downcast look on some of the staffers' faces. And while he is relatively new on the job, Hague has no illusion why people look so unhappy. The last few months have been turbulent for this administration. Hague's predecessor, Bob Haldeman, resigned after White House Counsel John Dean implicated him for crimes related to Watergate. But it didn't stop with Haldeman. John Ehrlichman, the president's top domestic policy adviser, also resigned. And so did the Attorney General, Richard Klein-Dienst, who cited his close ties to men currently under investigation. And the turmoil continued to grow more intense when John Dean, the White House Counsel, was fired. Dean had offered shocking revelations to the Watergate prosecutors.

• 40:41Lindsay Graham?

  He'd hoped that doing so would earn him a cooperation deal with the Department of Justice. But the president made sure Dean wouldn't get off so easy. Nixon made a public statement, saying that Dean and others involved in Watergate would not receive immunity. This move appeared to be an attack against Dean, an effort to cut off his leverage so he would stay silent.

• 41:02Lindsay Graham?

  But Nixon's plan faced a setback. Dean still testified in front of the Senate Committee Investigating Watergate, making allegations against his former colleagues and implicating the president in the cover-up. It was a blockbuster event, one that Americans across the country watched on TV. Dean's shocking testimony also opened up another wound in the Nixon administration, which had already been damaged by the ongoing scandal. And looking around at the White House now, Hague can see that morale has sunk to a new low. Even Nixon himself seems tired and haggard. This must be one of the toughest stretches of his entire presidency. But as Chief of Staff, Hague knows he can make a difference. He can help clean up this mess from Watergate

• 41:47Lindsay Graham?

  and cut down on the sense of chaos that's spreading through the ranks. And he can help the president get his agenda back on track.

• 41:55Lindsay Graham?

  Soon Hague arrives on the second floor of the White House. He heads down a narrow carpeted hallway. As he approaches the president's bedroom Hague hears muffled but violent coughing. He picks up his pace. When he arrives at the president's door, he knocks loudly. There's the sound of more coughing, and then Nixon calls out, saying Hague can enter. But when he opens the door Hague is startled by the sight in front of him. Nixon is lying in bed, gasping for air. The president hacks out another cough. Hague asks if he's okay. Nixon grumbles, saying he's fine. He just woke up feeling a little sick. But Hague stares in shock. The president does not seem well. Certainly worse than feeling a little sick.

• 42:40Lindsay Graham?

  And then Nixon turns over, coughing even louder than before. That's when Hague sees the blood trickling out of Nixon's mouth and landing on the white sheets of his bed. Hague springs forward alarmed. He tells the president that he has to see a doctor right away. Nixon pushes back, repeating that he's fine. It's just a cold. But Hague won't hear it. The president is clearly sick. He needs help. So Hague runs to call a doctor, saying the president needs emergency care. Hague then waits beside Nixon's bed, watching the president cough like a man who's dying. Hague knew the administration was crumbling under the pressure from Watergate. But now the scandal is clearly taking a physical toll on the president himself, a man whose job is to lead the free world.

• 43:25Lindsay Graham?

  Hague knows it can't go on like this. Something has to change. Because if it doesn't, if the Watergate scandal gets any bigger, the president and the country could be in mortal danger.

• 43:40Lindsay Graham?

  From Wondery, this is episode four of Watergate from Americans Game. In our next episode, President Nixon comes under scrutiny from a special prosecutor, and with evidence of a crime adding up, the president faces a day of reckoning.

• 43:56Lindsay Graham?

  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. That's historyishuman.com. If you'd like to learn more about Watergate, we recommend the books King Richard by Michael Dobbs and Watergate by Fred Emery. This episode contains reenactments and dramatized details.

• 44:39Lindsay Graham?

  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 executed, 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 Mallsberg. Our senior producer is Gabe Riven. Executive producers are Stephanie Jemms, Jenny Lauer Beckman, and Marshall Louie for Wonder.

• 45:11Speaker 03

  Journalist Daphne Caruana Galizia spent her life exposing powerful people. Then, in 2017, she was killed in a car bombing. I'm Stephen Gray, and for the past nine years, I've been trying to find out who wanted her dead. That search took me to Malta through secret companies, organized crime, and eventually to one of the island's richest and most powerful men. Now, after years of waiting, this trial has finally happened. But when the verdict came in, the case took a turn that almost no one had expected. In a brand-new update to the multi-award-winning podcast Who Killed Daphne?, I'm returning to Malta to find out how we got there and where the search for the truth goes next. Listen to the new episode of Who Killed Daphne? wherever you get your podcasts, and you

• 45:56Speaker 03

  can hear the full six-part investigation from the beginning, ad-free with Audible. Join Audible today by downloading the Audible app and by subscribing on Apple Podcasts.