March weather in Washington, D.C. is always changeable. Brisk and sunny one day; cloudy with rain the next. A constant fight between the forces of a receding winter and a coming spring. March, 1973 was no exception. The weather was in its continual state of flux, but so was the political climate in the capital. Richard Nixon had won a landslide reelection victory over Democrat George McGovern and second term of his presidency was just beginning to take shape. Yet, his administration was beset by rumors of improper campaign activities that had taken place prior to November. Pundits and reporters were circling. A Senate committee had been organized to explore the matter. Nonetheless, no direct evidence linking the White House had yet surfaced.
On the morning of March 19th, a man approached the granite building housing the U.S. District Court on Constitution Avenue opposite the new I.M. Pei National Gallery Annex on the Mall at the bottom of Capitol Hill. Opened in 1952, and now known as the E. Barry Prettyman Federal Courthouse, the courthouse is an eight story structure in a stripped classical style common to the post WWII period. From its exterior the building is foreboding.
The morning of March 19th was cloudy and cold with occasional snow flurries. As the man, James McCord, approached the entrance, he tugged his overcoat and hat closer against the chill.
This was not the first time McCord has been in this federal courthouse; in January, despite what he believed was the able assistance of Boston attorney Gerald Alch, he had been convicted by a jury on eight counts of conspiracy, burglary and wiretapping arising out of his prior participation in a break in at the headquarters of the Democratic National Committee at the Watergate office building in June, 1972. We were to learn later on that the breakup was performed on orders of campaign officials working with the Campaign to Re-elect he President (affectionately known as CREEP).
Why had McCord and the others engaged in this highly illegal operation? They believed that it was a CIA operation and that it was their patriotic duty to deny likely Democratic presidential nominee Senator George McGovern and "the Lefties" the White House. In this they had succeeded. Nixon had been elected to a second term in a landslide.
However, they had been caught. They thought they understood the risks, but felt that they would be treated as first offenders with little chance of jail time. Despite this, they had underestimated trial Judge John Sirica, who held the moniker, "Maximum John". Reinforcing this were two factors: McCord had been jailed by Sirica after the jury had spoken and was pending sentencing and the White House seemed reluctant to assist him in being released on bail.
That said, McCord had secured his release on bail after posting $100,000 and on March 19th, he approached the federal courthouse with a letter to deliver to Judge Sirica.
McCord passed through court security that was much less imposing than what exists today and took the elevator to the floor that contained Judge Sirica's courtroom. Exiting the elevator he turned into a wide, well lit, “quiet-as-a-morgue” hallway with courtroom doors lining it from end to end. Although the judges' chambers were connected by back hallways directly to the bench of each courtroom, the access to Judge Sirica's chambers was at the end of the hallway. McCord's heels audibly clicked as he made his way down the hallway, past the now familiar courtroom he had visited in January.
McCord reached the door to chambers, rang the buzzer and was admitted to Judge Sirica's suite of offices, where he was met by one of the Judge's law clerks. He was immediately recognized as a recent defendant. He handed the letter to the clerk, but he was rebuffed and it was suggested that he deliver the letter to the Probation office.
In all likelihood, the law clerk recognized immediately that the Letter constituted an ex parte communication that Judge Sirica would not accept. McCord took this advice, delivered the letter to the Probation office and left the courthouse.
Four days later, on March 23rd, Judge Sirica reads McCord's letter in open court. In his letter, McCord implicates the White House and CREEP in the Watergate affair.
According to Sam Dash in his book, "the courtroom exploded." Nixon's defense of his involvement in Watergate began to crumble, leading to his August, 1974 resignation.
How did this come about? He met Bud Fensterwald.
As you will discover later, it was Bud Fensterwald who got the Watergate ball rolling that inevitably resulted in the fall of a President.
Who was Bud Fensterwald? Son, student, officer, husband, lawyer, politician, father, small business owner, world traveller, sportsman, boat builder. All of these and more. This website will not only address the facts - who, what, when and where - but it will also explore what made Bud tick. His background, his nature, his accomplishments and his faults. B
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