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Agency of Fear
Opiates and Political Power in America
By Edward Jay Epstein
Chapter 6 - The Education of Egil Krogh


Egil Krogh, Jr., was born in Chicago in 1939, the son of a Norwegian
immigrant. After majoring in English at a small Christian Science college in
southern Illinois, dropping out of business school at the University of
Chicago, serving three years as a naval communications officer in the
Pacific, and selling hats in a department store in Seattle, he finally
graduated from the University of Washington Law School in June, 1968. Upon
graduation, Krogh was offered an apprenticeship in the Seattle offices of
John Ehrlichman, a long-time friend of Krogh's family; but he never had the
opportunity to practice land-use law, as he had planned. in a few short
months "Bud" Krogh followed Ehrlichman to Washington, where he was given the
impressive-sounding title deputy counsel to the president, although in
reality he was still Ehrlichman's personal assistant. Although Krogh had
little experience in either government or politics (he had not even actively
supported Nixon's quest for the presidency), Ehrlichman asked him to oversee
the sensitive areas of federal law-enforcement and internal security matters.
Before he had even turned thirty, Krogh thus found himself willy-nilly
presiding over an unprecedented presidential law-and-order campaign. It was
all a learning period, and he readily acknowledged his naivete to me in 1975,
during a series of interviews.
He recalled:

*
*   I had been given the District of Columbia liaison responsibility in
February, 1969, and I remember in a meeting with the president he said, "All
right, Bud, I'd like you to stop crime in the District of Columbia," and I
said, "Yes," I would do that. So I called the mayor, Walter Washington, and
asked him to stop crime, and he paused for a moment and said, "Okay," and
that was about it.



As the first year of the Nixon administration progressed, Krogh soon found
that "there wasn't much feel for the kinds of programs that would work in the
area of law enforcement and crime control" and, like the president, he found
to his dismay that the federal government lacked the wherewithal to diminish
street crime in any substantial way. Now he quickly realized that his
telephone order to Mayor Washington to "stop crime" revealed a picture of
naivete in the extreme. He also found as he became more aware of the
machinery of government that most of the other remedies for crime available
to the federal government were equally ineffectual. In his political
education Krogh found that he "didn't have the luxury ... to conclude that
because the problem was so complex and seemingly intransigent nothing should
be done." After discussing the problem with Ehrlichman, Krogh learned the
prime requisite of "intelligent politics." Since "the president had
campaigned on his desire to reduce crime nationally," Krogh found out that
Nixon could not now state, "I've discovered that the federal government has
little jurisdiction over street crime in the cities, towns, and counties; and
therefore it is a matter for the states to handle. Good luck!" Krogh did what
he could to reduce crime-he pressed for better streetlights in Washington,
D.C., more police patrols, and other such measures, but they failed. Krogh
was thus faced with his first crisis in the Nixon administration as he
explained it to me:

*
*   During the period from January to December, 1969, the crime rate measured
by the FBI reports indicated that crimes per day continued to climb
dramatically ... and during November hit an all-time high.... When the
president learned the news, he became extremely upset and concerned. He
called Mr. Ehrlichman and told him this must stop and that very immediate
measures had to be undertaken to reduce the crime rate [in D.C.] by those in
the District government, or else he would get a new team.



Ehrlichman immediately called a meeting of his new organ, the Domestic
Council, at Camp David to redress the situation. It was the first-and, as it
turned out, the only-full meeting of the Domestic Council. This new White
House group, originally conceived of as a sort of domestic counterpart of the
National Security Council, was quickly converted by Ehrlichman to a personal
instrument of power. He assembled a staff of young men in their twenties and
early thirties with little or no previous experience in government, such as
Krogh, and had them reduce the flood of ideas and suggestions from competing
sources to a series of option and decision papers on given issues. By
carefully structuring the pros and cons of the various options, and assessing
the political as well as substantive ramifications of possible decisions,
Ehrlichman eventually established a direct channel of information to the
president which became impervious to the qualifications and caveats of
scholars, bureaucrats, and even cabinet officials who had previously
contributed to policy. In this initial meeting, in December, 1969, however,
Ehrlichman simply went around the table and asked various staff assistants
what measures had been taken in the area of crime control. Some of the staff
assistants pointed to the "scare legislation" that had been proposed by John
Mitchell, and other bits of symbolic politics. Finally, Ehrlichman turned to
Krogh and asked him what actions were pending that might affect the crime
rate. Krogh answered with brutal candor, "None." The entire council fell
silent. Then, with an air of desperation, Ehrlichman reiterated the
president's orders: "The crime rate must somehow be brought down."

As soon as he returned to Washington, Krogh called Graham Watt, the deputy
mayor of the District, and Police Chief Jerry Wilson, and ordered them to
prepare immediately a report on what could be done in the District in terms
of improving the police force and reducing crime, at least statistically.
Even at that point, however, Krogh realized that though pouring resources
into the District of Columbia on an emergency basis (and changing
statistics-reporting methods) could bring about an appreciable improvement in
at least the crime statistics in the capital, these measures could not be
reasonably expected to ameliorate crime in the rest of the nation. Despite
the presidential injunction, and the threat to deploy a new team, there was
still no concept of what could be done to implement a national law-and-order
program. By 1970 all the Domestic Council was able to suggest, in a
crime-control memorandum, was the shifting of the "burden for responsibility
in controlling, crime to the state and local government which have
jurisdiction over local law enforcement."

Such a strategy had the obvious advantage of providing a "solution" to the
dilemma of rising street-crime statistics. Since there were ten times as many
local police as federal police, and the local authorities had immediate
jurisdiction over their local streets, they could more plausibly be assigned
the responsibility for the success or failure of crime control. The rationale
of devolving responsibility also fit neatly with the conservative view that
the federal government had usurped legitimate functions of local governments
(which presumably ought to be returned), and it could be supported by such
other programs of the Nixon administration as revenue sharing and block
grants to the states. If this strategy was adopted, the Law Enforcement
Assistance Administration could be used as an instrument for aiding local
police departments-and gaining credit for the Nixon administration. Elliot
Richardson, then secretary of Health, Education and Welfare, advocated such
an approach. For example, in the spring of 1971 his general counsel at HEW,
Will Hastings, suggested in a draft that he drew up for a presidential
message on narcotics addiction, "The federal role ... must be one of
leadership, of capacity building: By providing support ... the federal
government can assist state and local agencies in dealing with the problem.
The local authorities must assume primary responsibility." The response of
the White House strategists, however, was not favorable to this conservative
strategy of devolving responsibility. An analysis of the HEW draft by the
Domestic Council's staff asked critically, "Is the President ready
politically to abdicate responsibility ... by implicitly placing the burden
on state and local government?" Ehrlichman answered that such an abdication
would not be politically acceptable to the president. He explained to Krogh
that although "most of the activities in the field are local ... conceptually
we should not stress that the federal government was shifting responsibility
back to the states because the administration was clearly identified with
handling the problem.... The President was out in front on the issue, and ...
as a matter of policy he should stay there." Krogh then realized, as he later
told me, "To publicly disavow responsibility at the federal level and extend
it to the states would have been perceived as a cop-out-and something that
was directly inconsistent with what [the president] had campaigned on."

The suggestion of lawfully using the LEAA in the war against crime also
presented a political problem. According to the legislative formulas then
existing, the vast preponderance of LEAA funds had to be given in block
grants to the states, which then allocated the money, without any, control
from Washington, to local agencies. The Nixon administration thus would have
little control over which police departments received funds-and for what
purposes they were used and most of the money could be expected to be
filtered down to the cities controlled by the Democrats (if only because, at
that time, most city governments were Democratic). In evaluating the uses of
LEAA, Domestic Council analysts noted that "there was profound GOP opposition
[to] the theory of block grants" and that, moreover, it "makes more difficult
the coercing of the states into reordering their priorities to emphasize
street crime." With the twin objectives of reducing street crime and
"maintaining the image of a massive administration assault on crime," the
Nixon strategists recommended a change in "LEAA formulas to remit more funds
invested in high crime areas, and thus to focus publicity on administration
efforts. The memorandum concluded pessimistically that expanded LEAA grants
would tend to induce "a bad reaction from GOP," and give credit for "more
highly visible deterrents at local levels" to local politicians.

In any case, the issue of shifting the burden was decisively settled by Nixon
himself in May, 1971, after an earlier meeting among Ehrlichman, Richardson,
Krogh, and others. According to Krogh's notes of that meeting:

*
*   Secretary Richardson recommends that the thrust of new initiatives be
experimental, thereby shifting the burden of responsibility to the states.
Expectations are [thus] not raised that the federal government is undertaking
a multi-year responsibility. Can the President afford politically to abdicate
responsibility on this issue?



 Ehrlichman then recommended to the president that "our posture not be worded
in a tone which suggests, 'it's the problem of state and local government.' "
President Nixon endorsed the option recommended by Ehrlichman, thereby ending
any further consideration of the alternative of portraying the states as
responsible in maintaining law and order.

Confronted with the seemingly impossible task of bringing about highly
visible reductions in the reported muggings, burglaries, and robberies across
the nation, and having found that all conventional levers of government could
not easily be brought to bear on this problem, Krogh was compelled to seek
out new and unorthodox tactics for prosecuting the war on crime. As
Ehrlichman's emissary for the District of Columbia he had met Robert DuPont,
a young and articulate psychiatrist who had been operating with missionary
zeal a drug-treatment center in the District. Early in 1970, DuPont suggested
to Krogh and his staff a "magic-bullet" scheme for quickly reducing crime
statistics across the nation: since narcotics addicts committed much of the
street crime in America in order to obtain money to pay for their drug habit,
DuPont argued, the federal government could immediately reduce crime by
breaking the dependence of addicts on illicit suppliers. The young
psychiatrist impressed Krogh with "a statistical analysis which demonstrated
that his client had reduced crime in the District" (even though it turned
out, as a 1972 study by the National Commission on Marijuana and Drug Abuse
found, that the correlation he presented wits based on a statistical
artifact). The proposition put forth by Captain Hobson in the 1920s-that
crime was itself a disease caused by narcotics and cured by breaking the
addictive habit-was thus rediscovered in 1970 by Krogh. G. Gordon Liddy, who
was then developing law-enforcement pro-rams for the Treasury Department,
also impressed Krogh with the potential for a massive federal offensive
against narcotics as a means of dealing with the law-and-order problem. Liddy
dramatically described how Rockefeller had masterfully identified narcotics
with the crime problem in New York State, and periodically stirred the
popular imagination with his highly publicized crackdowns on addicts. He
argued persuasively that the Nixon administration could achieve the same
effect. Most important, the president himself had shown a keen interest in
the possibilities of a war on drugs. Daniel Patrick Moynihan, concerned about
the reports of heroin abuse in the ghettos, had persuaded the president that
the State Department should do everything diplomatically possible to curtail
opium production in foreign countries such as Turkey, and that the president
should elevate the suppression of narcotics to an issue of national security
policy. The State Department, however, concerned about diplomatic
complications, did little to implement this presidential directive. Moynihan
later recalled, in a telegram to Kissinger:

*
*   In August 1969 1 made a trip abroad with this matter primarily in mind
... in Paris I met with the American minister ... land] told him of the
Washington decision to make the international drug traffic a matter of
highest priority in foreign affairs, and this elicited... genuine puzzlement.
The minister knew almost nothing of the subject and certainly had no inkling
that his government back home was concerned about it.



 Krogh himself had some doubts about the immediate consequences of such a
full-scale attack on narcotics production and distribution. He wrote in a
memorandum to the Domestic Council on July 23, 1970, "If the supply of opiate
and other addicting drugs is curtailed, the price of these drugs would likely
rise, and the demand will continue, for the buyer is addicted; crime could go
up in order to acquire more money for the more expensive drugs." In other
words, if addicts were really stealing to pay for their habit, government
efforts to reduce the supply of heroin could result in more, not less, crime.
Krogh, however, was persuaded by his staff that the "crackdown" would drive
most addicts into "treatment programs," where they would be effectively taken
off the streets. He thus proposed a double-pronged attack on narcotics: while
the State Department and National Security Council attempted to diminish the
supply of heroin in the world available to the American market, and the
Bureau of Narcotics and the Customs Bureau attempted to arrest as many of the
smugglers and distributors of heroin as possible, the White House would also
work to expand the treatment programs so that they could absorb a large
number of addicts. Although John Ehrlichman also had doubts about the
complexities involved in a war on drugs, especially since it was not an area
that was yet researched by the White House, he was persuaded by Krogh that it
was the only real alternative the White House had to reduce crime statistics
by the 1972 election. The war on narcotics thus received White House sanction.



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