An Ultimatum To the President

Nowhere was confidence in President Nixon more brutally shattered by the firing of Archibald Cox than among the Republican leadership in the U.S. Senate. TIME has learned that Nixon's nominations last week of a new Attorney General and a new Watergate special prosecutor were part of a deal unanimously demanded by G.O.P. Senate leaders as their price for continued support of Nixon. The details of the unusual Senate action, as pieced together by TIME Congressional Correspondent Neil MacNeil:

When Senate Republican Leader Hugh Scott eventually reached White House Chief of Staff Alexander Haig by telephone after the Saturday Night Massacre, Scott exploded with rage, warning the presidential assistant in purple language that Nixon's actions would not be tolerated. Over the next week a course of action to be demanded of Nixon emerged from party councils, including the floor leaders, the Senate G.O.P. policy committee chaired by John Tower and the full party caucus. Conservatives like Tower were as adamant as Moderate Scott about forcing Nixon to make concessions. These included:

> The independence of the new Attorney General and special prosecutor must be assured.

> One of the two new nominees must be a U.S. Senator; there was no other way to win Senate approval of both.

> The two must be announced at the same time; the Senate would not approve unless it got a ticket.

> The new special prosecutor must have a charter at least as broad as the one given Archibald Cox before his firing, meaning he would be free to investigate areas beyond Watergate, like the financing of the President's homes.

> Nixon had to agree to a "curtailing of the power of removal" of the special prosecutor. This meant that the President had to promise not to fire the new special prosecutor, unless such an action was approved by Congressional leaders of both houses and both parties.

> The new special prosecutor had to be assured access to all needed materials and have the option of going to federal court to get any that are withheld.

The ultimatum was delivered to Haig and two other top White House aides, Melvin Laird and Bryce Harlow. "The message is received loud and clear," gulped Harlow. It must have been. Scott was carefully consulted about the selection of William Saxbe as Attorney General-designate and Leon Jaworski as the new special prosecutor. The minority leader privately urged Saxbe to seek a guarantee of absolute independence from the White House, then told Haig: "God help you if you give Saxbe any promises you don't keep. He'll go public."

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