FORMER GOVERNOR HEARNES DISCUSSED IN NIXON TAPES

CHARLESTON -- Former Missouri governor Warren Hearnes never expected to be a footnote in the history of Watergate. But he is there thanks to former President Richard Nixon's Watergate tapes.

The Charleston Democrat was mentioned as a possible candidate for special prosecutor to investigate the Watergate scandal in 1973.

But Hearnes never knew it until he read about it last year in a book of transcripts of Nixon's Watergate tapes.

Hearnes is mentioned in "Abuse of Power: The New Nixon Tapes," a book of the Nixon transcripts published in 1997. Hearnes was mentioned in two conversations between Nixon and his chief of staff, Alexander Haig Jr., in May 1973. They discussed Attorney General Elliot Richardson's list of possible candidates to serve as special prosecutor.

Although he wasn't chosen as special prosecutor, Hearnes was pleased to have been considered for the position.

"I think it is an honor to be mentioned," said Hearnes.

The taped conversations reflect the fact that "somebody thought I would be a good man as a prosecutor."

Hearnes was practicing law in St. Louis in 1973, having just completed 12 years in public office. He served as secretary of state for four years and then as governor for eight.

Hearnes said he probably would have accepted the job of special prosecutor if he had been offered it. He said he wouldn't have been bothered by the political turmoil surrounding the Watergate scandal.

The scandal centered on Nixon's efforts to cover up illegal campaign activities that occurred in 1972 in behalf of his re-election.

Hearnes said he survived tough times as governor. "When you go through the turbulent '60s as governor, you have been through a lot." As governor, Hearnes dealt with race riots in Kansas City and protests on college campuses.

Hearnes served as governor from 1965 to 1973. He chaired the National Governor's Conference and had ridden on Air Force One with the president.

"We weren't buddy, buddy," said Hearnes. But he said Nixon knew Hearnes would speak his mind. "He knew I would give him an opinion."

Said Hearnes, "He also knew how I put down the riots in Kansas City in 1968."

Hearnes remembers watching National Guard troops patrolling the streets in Kansas City. "It looked more like Vietnam than Kansas City."

Hearnes name is misspelled in the book of transcripts. But that doesn't bother him.

Hearnes figures he could have handled the job of special prosecutor. "I think anybody could have run it better than Archibald Cox," he said.

Cox was a Harvard law school professor when he was chosen by the Justice Department as special prosecutor.

On the tapes, Nixon's chief of staff states that Hearnes was "close friends" with White House lawyer J. Fred Buzhardt.

But Hearnes said Buzhardt wasn't a close friend, only an acquaintance. "We were classmates at West Point," said Hearnes, who graduated from the school in 1946.

On the tapes Nixon calls Hearnes "a tough, fine, fine prosecutor."

But Hearnes was never a prosecutor. He said he couldn't fault Richardson's desire to appoint a special prosecutor with experience in federal court.

On the tapes Haig talks about Richardson's assessment that Hearnes didn't have "any courtroom experience."

Hearnes said the comment referred to federal courtroom experience. "I never did practice law in the federal courts," he said.

"They didn't see all those divorce cases I handled down in East Prairie," joked Hearnes, who had experience practicing law in state courts.

On the tapes Nixon said Hearnes supported Democratic presidential candidate George McGovern.

But Hearnes said he wasn't a supporter of McGovern initially. "I did not support McGovern until he got the nomination. "I came out for (Ed) Muskie first."

The Nixon Tapes

May 10, 1973

Oval office conversation

President Nixon and chief of staff Alexander Haig review Attorney General Elliot Richardson's list of possible candidates for special prosecutor for the Watergate investigation. They include former Missouri governor Warren Hearnes and former California governor Edmund G. "Pat" Brown.

Haig: "I've got Hearnes and Brown."

Nixon: "Yeah, Hearnes would be better than Brown."

Haig: "Hearnes is better."

Nixon: "He's a tough, fine, fine prosecutor. I mean, Hearnes, I think, is the best one I've suggested."

Haig: And he and (White House lawyer J. Fred) Buzhardt happen to be close friends....

Nixon: Just say that this (Hearnes) is a name that has been checked out down here....I said, he's a partisan Democrat who supported McGovern, and I think that will be for that reason and a very fine lawyer, probably the most respected by the Democratic governors. That's Hearnes. Hearnes is the best man for this job.

Haig: I agree we ought to put him one and then the other guy (Brown) two, if you fail on him.

Nixon: That's right.

Two days later, it is revealed in the Nixon tapes that Hearnes is no longer in the running for special prosecutor.

May 12, 1973

A Camp David telephone conservation between Nixon and Haig where it is discussed that Attorney General Elliot Richardson doesn't want Hearnes as special prosecutor. (Ultimately, neither Hearnes nor Brown is chosen. The Justice Department ends up appointing Harvard law professor Archibald Cox to the post.)

Haig: I know how he (Richardson) feels about Hearnes. I got that through the back door.

Nixon: He doesn't like that, huh.

Haig: No, unfortunately, Hearnes has never had any, any courtroom experience at all.

Nixon: Ah, OK, good. Out....

Source: "Abuse of Power: The New Nixon Tapes."

The name Hearnes was misspelled in the book.