News & Politics

FBI Cleared W. Mark Felt of Watergate Leaks

by

An internal FBI investigation in the midst of the Watergate saga was unable
to find evidence that W. Mark Felt had been a source for the Washington
Post
‘s stories about the Nixon scandal, three former senior FBI officials now say.

News that the onetime second-ranking official at the bureau was essentially
cleared of having leaked to the Post may seem improbable, in that not only Felt and his family but also the newspaper have recently confirmed
that he was Deep Throat.

But new details uncovered by the Voice appear to support a growing body of
evidence that rather than acting alone, Felt worked in concert with, or
perhaps even as the lead of, a band of then top FBI officials who sought to
give details of the FBI’s Watergate investigation to the press as a means of
keeping the Nixon White House at bay while the investigation proceeded.

The fresh information suggests that the FBI was openly in revolt against the
administration, and that the agents involved would have leaked what they
knew about Watergate to any reporter willing to listen.

Paul V. Daly, a former high-ranking FBI manager, told the Voice he had
personal relationships with the people involved. “These were men determined
to protect the integrity of the FBI as an institution and to protect the
integrity of a criminal investigation,” he said. “I don’t agree with what
they did, but I believe they had a noble purpose.”

Daly began telling his story in an extraordinary but little-noticed June 6
article in the Albany Times Union He said that three other senior officials had worked closely with Felt in devising and carrying out a strategy of leaking sensitive information from the Watergate investigation–to the Post and other news outlets. Daly told the newspaper
that Richard Long, chief of the FBI’s white-collar crimes section then, told
him in 1978 of his own role and those of other senior officials.

If Daly’s account is correct, Deep Throat was less a single individual than a committee of sorts.

The disclosure that Felt was possibly working as the leader of a group of
other senior FBI agents may be of a magnitude equal to or even greater than the recent revelation that Felt was Deep Throat.

Surprisingly, the nation’s major newspapers, most notably the Washington
Post
, have been silent about these new revelations. If true, they would
appear to diminish the historical credit due to the Post and its star reporting team
of Bob Woodward and Carl Bernstein. In a June 1 article confirming Felt as
Deep Throat, the Post did note that the mystery over the source’s identity
may have amplified Felt’s importance. “Felt’s role in all this can be
overstated,” Bernstein told the paper. “[W]e didn’t think his role would
achieve such mythical dimensions. You see there that Felt/Deep Throat
largely confirmed information we had already gotten from other sources.”

A retired agent who worked on the Watergate matter in the Washington
Field Office, and who said he had no first-hand knowledge of Felt and others
specifically leaking to the press, told the Voice that street agents working
the Watergate case had long suspected a scenario such as the one Daly
described. “That it was Felt came as no surprise to those of us who worked
this,” he said. “And neither should it come as a surprise to anyone that
others were working with Felt in some coordinated matter. They were going to
protect our ability to do the job. And if it wasn’t the Post, they would
have gone somewhere else.”


The investigation into whether Felt was Deep Throat was described to the
Voice by Daly, who headed FBI field offices in North Carolina and Albany,
New York; a second former FBI official familiar with the investigation and
its findings; and a third retired FBI agent who said he himself had been a
subject of the probe.

The effort was led by Harold Bassett, then the assistant director of the
FBI’s inspection division. Nixon and his aides were angered and frustrated by leaks from the FBI’s Watergate investigation, and even discussed the possibility that Felt was the source of them, according to White House tapes of the era.

L. Patrick Gray III, then the acting FBI director, was also assisting the
Nixon White House in the Watergate coverup. According to one published
account, Gray once convened a meeting of the 26 FBI agents who worked on the
Watergate investigation full-time and berated them for “suffering from flap
jaw.”

Later, Gray directed that Bassett delve into whether Felt or others were
leaking Watergate information, although Felt was a main target. Daly and the
others also said that Bassett was unable to find enough evidence to show
that Felt was Deep Throat.

“They looked at specific information that was leaked to the Post,” Daly
told me, “and they looked at whether Felt had actually seen the actual
teletypes that contained the material. And there was no paper trail that he
had. That is why they cleared Felt.”

Another retired FBI agent who was also suspected of being a potential
leak and was investigated similarly said: “I was under suspicion, but there
was just too much that was appearing in print that I wasn’t privy to. The
agents [conducting the investigation] were frustrated because there did not
seem to appear to be a single person who had access to everything.”

That Felt was cleared lends additional credence to Daly’s
claim that Felt worked with other senior FBI officials in leaking
Watergate details to the press. Daly points out that the information Felt
provided to the Post, and perhaps other papers, was material that Felt would
not ordinarily have had access to unless he was being briefed by other
senior FBI officials.

The Times Union account first quoted Daly as saying that “during the height of the Watergate investigation . . . three high-ranking FBI officials
conspired with the agency’s deputy director to leak information about their
probe to the press. . . .

“The FBI officials met regularly in their Washington D.C., offices to
discuss what information they would reveal to fuel media interest. . . .”

Daly identified those who attended the meetings with Felt, then FBI deputy
director, as Richard Long, chief of the FBI’s white collar crimes section;
Robert G. Kunkel, special-agent-in-charge, or SAC, of the Washington field
office of the FBI; and Charles Bates, then assistant director of the FBI’s
criminal investigative division.

It is all but impossible to independently verify Daly’s account because
Long, Kunkel, and Bates have all died.

Felt, of course, is still yet to be heard from, and it is unclear whether,
at 91, he remembers much about events that occurred more than 30 years ago.

But Daly’s account can hardly be dismissed because of the lack of
corroboration. He is a highly respected 30-year veteran of the FBI. In
interviews over the last several days with several former senior FBI
officials, not a single one had a bad thing to say about him.

John J. McDermott, the special-agent-in-charge of the Washington field
office of the FBI, between October 1972 and May, 1974—during most of the
Watergate period—told me in an interview that he had no firsthand information that senior FBI officials worked with Felt to tip off the media. And he said their behavior was “disgraceful” if they in fact did leak.

But he had only kind words for Daly: “Paul Daly was a very bright and
straight arrow, as I have met him and done business with him through the
years. I am confident in saying that he is somebody that I and others can
implicitly trust.”

Daly has said that Long first told him of his own role and that of other
FBI officials in working with Felt in 1978. They were then preparing Felt for his trial on federal criminal charges of authorizing nine illegal break-ins of the
homes and relatives of the Weather Underground, the leftist organization that
bombed government buildings in protest of the Vietnam war. Daly wanted to know whether Felt might suffer any challenges to his credibility if Felt took the stand in his own defense.

Felt and Edward S. Miller, an assistant FBI director, were convicted of
the charges after an eight-week trial. Both men were subsequently pardoned by
President Reagan.

According to Daly, Long then explained how he, Kunkel, and Bates worked
closely with Felt to decide what information should be leaked to keep the White House from interfering with the FBI.

During the crucial conversation with Long, Daly told me, Bassett, the
assistant FBI director who conducted the investigation and who was also present, slyly smiled and said: “That son-of-a-gun. . . . That explains it.”

Daly told me he took that comment to mean Bassett was referring to the way Felt had escaped being found out in the probe.


Murray Waas will continue to write about Watergate and Mark Felt over the
next several days on his blog: http://whateveralready.blogspot.com.