Cox, prosecutor fired in '73 'Massacre,' dies

Published: 05.30.2004
THE NEW YORK TIMES

Archibald Cox, the special Watergate prosecutor who was fired by the Nixon White House in the "Saturday Night Massacre" in 1973, died Saturday at his home in Brooks-ville, Maine.

He was 92 and died of natural causes, his wife, Phyllis, said.

Cox took over the Watergate investigation on May 18, 1973, and was dismissed five months later on President Richard M. Nixon's orders.

Cox's dramatic but relatively brief time as the special Watergate prosecutor came about largely because of his friendship with a former law student, Elliot L. Richardson.

In late April 1973, Nixon announced the forced departure from his administration of four top-level appointees after they were swept up in the Watergate affair. The scandals had begun with the June 1972 burglary of the Democratic National Committee's offices.

Among those forced to resign was Attorney General Richard Kleindienst. Nixon chose Richardson to succeed Kleindienst, specifying that "he has the authority to name a special supervising prosecutor for matters arising out of" the Watergate case.

Nixon had hoped to avoid having such a prosecutor. But as the price for Richardson's confirmation, the Democratic-controlled Senate Judiciary Committee insisted that the new attorney general name a special prosecutor.

As the special prosecutor, Cox wound up in a confrontation with the White House, where Nixon appointees suspected he was out to get the president.

The "Saturday Night Massacre" resulted from Cox's efforts to force the White House to turn over the tapes of Oval Office conversations that ultimately proved that there had been a conspiracy to cover up the administration's ties to the Watergate burglary.

When Nixon resisted surrendering the tapes, Cox took the matter to the courts, which ruled in his favor. But Nixon would not give in, and he ordered Cox to stop pursuing the tapes. Cox refused.

Within a few hours, the "massacre" ensued. Nixon ordered Richardson to dismiss Cox, but the attorney general refused, saying that as a matter of principle he would not renege on his promise to the Judiciary Committee. Richardson resigned and the deputy attorney general, William D. Ruckelshaus, was told to fire Cox. Ruckelshaus refused and was himself dismissed. Finally, Cox was dismissed by Robert H. Bork, the solicitor general.

The public outcry was so intense that in the end Nixon was forced to turn over the Oval Office tapes, marking the beginning of the end of his presidency.