Stan, We Hardly Knew Ya!

April 9, 2015– A couple of weeks ago I was in Charlottesville, Virginia, at the Virginia Festival of the Book, speaking on a panel about American presidents and their audiotapes, most especially the Nixon tapes, at the Miller Center of the University of Virginia, which staged this event. We were a good panel–I had compiled a selection of presidential tape recordings from all who had used them, colleagues Luke Nichter and Ken Hughes, respectively, had co-edited a set of transcriptions specifically of Nixon tapes, or written a book based primarily on the Nixon tapes.

But I remember thinking that Stanley Kutler, the guy who really ought to have been there, was missing. Then today I see he has passed away. Much was lost there. Among historians Stan numbered among those who–absolute bulldogs–never let go until the story is told. The Nixon tapes–more specifically, the American public’s access to them–is one particular legacy of Kutler’s work.

Briefly, the Presidential Records Act of 1978, now credited with preserving the documents of denizens of the White House by making these records government property, actually followed on a Watergate-era law passed to secure Richard Nixon’s documents, including some 3,432 hours of tape recordings. A small fraction of these had been used in the Watergate investigation and prosecutions, but Nixon asserted that his tapes and documents were personal property. The disgraced president was correct in terms of practice–previous presidents had been accorded that privilege (George Washington’s relatives even sold his papers)–but perhaps only because the country had never before been forced to focus on this matter. Presidential documents, after all, are created at government expense, on government equipment, by United States employees, and housed in government facilities.

Based on congressional action the Archivist of the United States took custody of the Nixon records, but the process of opening them to scholars or anyone else halted once Mr. Nixon asserted property rights. Long negotiations followed to establish a “value,” then a price, then haggling. There were some partial deals. The former president asserted that some remnant of the set were exempt as his private records, and continued to dispute releases across the board. Nixon’s tapes and documents languished for decades. Until Stan Cutler took a hand. In 1992 Kutler and the Ralph Nader group Public Citizen filed suit to force release of the material. Under pressure of the lawsuit the Archivist stopped dragging his feet on finalizing the acquisition, and began a more systematic effort to open the files. More years passed while all this material underwent review for secret information.

Dr. Kutler got the first tranche of new tapes and commissioned transcripts, which he used for the eye-opening 1997 collection titled Abuse of Power: The New Nixon Tapes. Since then there have been periodic releases of tapes, until today when we are near the end of the road, with only the last few months of White House tape plus the previously-excised security classified passages still kept in the darkness. But for Stan the public would likely still be waiting.

Stan’s monument of a book The Wars of Watergate, written while the tapes were still a political football, proved surprisingly generous toward a former president who went out of his way to stymie Kutler and all of those who, like him, sought to understand the dark underside of the Nixon White House.

It may be true, as the wags put it, that “even paranoids have real enemies.” But Stanley Kutler was a friend of the truth more than an enemy of Richard Nixon. With the predicament the country is in today, we need friends of the truth more than ever.

Gamers’ Corner : Set Europe Ablaze Bibliography

November 6, 2014–Just a head’s up! We have now posted a product which lists the various histories consulted in the course of designing the game Set Europe Ablaze and compiling the historical articles that appear with it. Not everyone will be interested in the bibliography, but for anyone who wants to look into Resistance to the German occupation of Western Europe in World War II, the history of the Special Operations Executive, and the French and American (OSS) special services that matched it, this listing furnishes a useful compilation of the sources. This product can be found in the “Downloadable” section of the website. It is a premium content item.

Gamers’ Corner: Set Europe Ablaze

September 2, 2014–Just a quick note! Some of you will know that Against the Odds magazine has selected my Western European  (WW2) Resistance game Set Europe Ablaze as their “annual” issue game for this year. The game is a two-player simulation of the partisan war against German occupation from 1941 to 1944. Anyway, while ATO completes its playtesting and starts to put the game itself into production, I’ve taken time to craft the historical articles that will accompany the publication. (Thus I’ve been only fleetingly on this website of late.) That work is now done.

ATO doesn’t have space for everything I did. Accordingly I lopped off the Bibliography I had prepared for the game and articles. In the next few days I am going to post that biblio as a product on this website. FYI.

John Walker: Why Remember One of the Worst?

August 31, 2014–We learned on Friday that John Walker had died. Walker, the greedy and narcissistic ringleader of a circle of U.S. Navy spies from the 1960s into the 80s, became the most notorious spy our sea service has ever seen. The extent of the damage he wrought remains unknown but it is enormous–something I’ll return to in a moment. He died in a federal prison hospital in North Carolina on August 28. Ironically Walker’s brother Arthur passed away, likely in that very same Butner, North Carolina prison, barely six weeks earlier, on July 7. It was a measure of John Walker’s selfish desire that the best people he could come up with as subagents were family–his son Michael, a sailor; his brother Arthur, a naval officer; and Jerry Whitworth, a fellow petty officer. Thus the Walkers’ case became known as the “family of spies,” after the book-length account published by Peter Earley.

Beginning in 1967, and until his 1985 arrest, John Walker sold U.S. secrets to the Russians. From what we know these consisted of documents concerning the movement and dispositions of U.S. naval vessels plus, most important, lists of codenames and encryption machine settings used in top secret U.S. military communications. These were of vital importance to the Soviets, who actively intercepted American communications traffic. The code keys Walker handed over corresponded to on-line encryption devices in U.S. service at the time. Those same types of machines were aboard the Navy spy ship Pueblo, which was pirated by North Koreans off their coast in 1968. Although it has never been clear whether the North Koreans actually captured the encoding devices or the technical manuals for them–crewmen assured the Navy the equipment had been successfully destroyed–the U.S. security services have always assumed the North Koreans passed the machines to the Russians and these were compromised. If so, the Walker code keys would have given the Soviets access to a wide assortment of U. S. military communications.

I shed no tears for Mr. Walker. His brother, nephew (Michael Walker spent fifteen years in prison) and Navy buddy (Whitworth still serves a 365-year sentence) deserve slightly more sympathy for being cajoled and duped into serving Walker’s conspiracy. Never mind that. What I want to address here is the then-and-now question.

Walker would be turned in by his divorced wife, who phoned the FBI one day to say she suspected the ex- was up to no good. After a seven months investigation the Bureau arrested him and his cohorts. The Walker ring became just one of the cases of 1985, which included those of the Israeli spy Jonathan Jay Pollard, who also targeted the U.S. Navy; Ronald Pelton, who spied for the Russians against the National Security Agency; the Soviet defector case of Vitali Yurchenko, and a number of CIA spies, the most important of whom was probably Edward Lee Howard, whose defection to Russia helped cloak the truly serious penetration of Aldrich Ames. That period became known as “The Year of the Spy” in much the same way that 1975, the time of the Church and Pike committees and the Rockefeller commission, was called the “Year of Intelligence.”

In typical Washington fashion the shortcomings of security systems that had failed to uncover all these spies led to demands for reforms in American counterespionage, and ultimately to the creation of what is now known as the National Counterintelligence Executive. That represented an expansion of a center that had been revealed by the Ames and Robert Hanssen affairs to be essentially moribund.

During the Year of the Spy the U.S. counterintelligence apparatus had its hands full combating the efforts of agents working for adversaries. What an inversion, today, where the counterspies are chasing the U.S. Congress, terrified that it is going to reveal the sordid truth of the CIA torture program; as well as intelligence community whistleblowers, whom the agencies fear will reveal other abuses. This is the world turned upside down, where the spooks create an apparatus to fight foreign spies and then turn it on Americans. Sounds just like the NSA surveillance dragnet doesn’t it?

What America needs today is a mechanism to change direction,  implement course corrections to get the spooks back on track. In The Family Jewels I called for a national commission to investigate the abuses. The paperback edition of that book, now out, discusses this option in greater detail with new material on recent cases of abuse.

Normandy Breakout: Paris Didn’t Burn!

August 27, 2014–Seventy years ago yesterday General Charles de Gaulle, leader of the provisional government of the French Republic entered newly-liberated Paris for a victory parade. Marching with him were French soldiers of their 2nd Armored Division and American GIs of the 4th Infantry Division. They were in a city that in large part had been freed by the civilian irregulars of the Resistance, also known as the French Forces of the Interior. The actions of the irregulars still stand in history among the most notable achievements of partisans against regular military forces. Indeed, the Resistance frustrated Adolf Hitler’s orders to his Wehrmacht to destroy the City of Light.

The battle of Paris formed the capstone of the long and frustrating Allied slog through Normandy, and their final breakout which resulted in the battle of the Falaise Pocket, all documented in the book Normandy Crucible.

While I don’t have enough time today, and shall have to complete this piece tomorrow or Friday, the Normandy battle and the associated one for Paris have some elements of interest for us today. Stay tuned!