2. What was one reason why the Department of Justice would not seek
charges against Richard Nixon?
WATERGATE SPECIAL PROSECUTION FORCE
DEPARTMENT OF JUSTICE
Memorandum
Leon Javorcki
Special Prosecutor
FROM
Carl B. Feldhaus
DATE: August 9, 1974
Peter M. Kreindler
SUBJECT: Factors to be considered in Deciding Whether to
Prosecute Richard M. Nixon for Obstruction of
Justice
In our view there is clear evidence that Richard M. Nixon
participated in a conspiracy to obstruct justice by concealing
the identity of those responsible for the Watergate break-ia
and other criminal offenses. There is a presumption (which in
the past we have operated upon) that Richard M. Nixon, like
every citizen, is subject to the rule of law. Accordingly,
one begins with the premise that if there is sufficient evi-
dence, Mr. Nixon should he indicted and prosecuted. The
question then becomes whether the presumption for proceeding
is outweighed by the factors mandating against indictment and
prosecution.
The factors which mandate against indictment and prose-
cution are:
1. His resignation has been sufficient punishment.
2.
E
He has been subject to an impeachment inquiry
with resulting articles of impeachment which
the House Judiciary Committee unanimously
endorsed as to article I (the Watergate
cover-up).
Prosecution might aggravate political
divisions in the country.
4. As a political matter, the times call for
conciliation rather than recrimination.
5.
There would be considerable difficulty in
achieving a fair trial because of massive
pre-trial publicity.
Prosecuting Nixon might create more political divisions in the U.S.
Even by leaving office, the Constitution states that he cannot be charged.
By not seeking charges, other Presidents would be immune for similar crimes.
Being President of the United States protects Nixon from going through the justice
system.