Brief in Support of Richard Nixon, Defense

INTERNATIONAL CRIMINAL COURT

JUDICIAL DISTRICT OF MUN

Case No. ICC

BRIEF IN SUPPORT OF RICHARD NIXON, DEFENSE

MaryKate Winter, Cranford

Katie Trapani, Cranford

Nicole Schimmenti, Cranford

Bart Lahiff, Cranford

Attorneys for Defense

TABLE OF CONTENTS

INTRODUCTION……………………………………………………………………………..3

CRIMES CHARGED………………………………………………………………………….3

STATEMENT OF FACTS……………………………………………………………………..4

ARGUMENT…………………………………………………………………………………5-7

1. RICHARD NIXON SHOULD BE ACQUITTED OF THE CHARGE OF MURDER BECAUSE WHEN A CHILEAN MILITARY OFFICER ASKED FOR THE CIA’S ASSISTANCE REGARDING A PLANNED COUP, THE OFFICER WAS INFORMED THAT IT WAS STRICTLY AN INTERNAL CHILEAN MATTER AND THE US GOVERNMENT WOULD NOT GET INVOLVED. THE CIA, AND SUBSEQUENTLY RICHARD NIXON SHOULD NOT BE HELD ACCOUNTABLE FOR ALLENDÉ’S SUICIDE AND THE MURDERS THAT OCCURRED UNDER PINOCHET’S REIGN BECAUSE THE CHILEAN MILITARY CAUSED THE NEED FOR A NEW LEADER………………..5-6

2. RICHARD NIXON SHOULD BE ACQUITTED OF THE CHARGES OF TORTURE BECAUSE NEITHER THE CIA NOR ANY OTHER ORGANIZATION AFFILIATED WITH THE UNITED STATES CARRIED OUT THE TORTURE ON THE VICTIMS…………………………………………...6-7

3. RICHARD NIXON SHOULD BE ACQUITTED OF THE CHARGE OF OTHER INHUMANE ACTS OF A SIMILAR CHARACTER INTENTIONALLY CAUSING GREAT SUFFERING, OR SERIOUS INJURY TO BODY OR TO MENTAL OR PHYSICAL HEALTH BECAUSE HIS INTENTION WAS TO PROTECT CHILE FROM A MARXIST LEADER AND HELP CHILE DEVELOP……………………………7

CONCLUSION…………………………………………………………………………………….8

TABLE OF AUTHORITIES………………………………………………………………………9-10

INTRODUCTION

America’s fight against communism peaked in 1970 when Salvador Allendé was elected as the Chilean President. Richard Nixon feared the spread of communism in Latin America because of the newly elected Marxist leader.

Nixon ordered the CIA to do whatever it took to eliminate Allendé. After Allendé’s suicide, General Pinochet took over Allendé’s position and headed the military dictatorship in Chile that limited democracy and freedom.

Pinochet is held accountable for a seventeen year reign where murder, torture, and oppression were present. Pinochet’s reign was constructed from the US intervention during Nixon’s Watergate Era. Operation Colombo conducted by Pinochet’s secret police is responsible for killing 119 political opponents to maintain dictatorial power. Operation Condor is responsible for killing 30,000-50,000 and responsible for hundreds of thousands of counts of torture, incarceration, and disappearance.

CRIMES CHARGED

The International Criminal Court is charging Richard Nixon with three counts of Crimes against Humanity for his role in and funding of Augusto Pinochet’s reign of terror as follows:

1. Murder- Article 7(1) (a)

2. Torture- Article 7(1) (f)

3. Other inhumane acts of similar character intentionally causing great suffering, or serious injury to body or to mental or physical health- Article 7(1) (k)

STATEMENT OF FACTS

Richard Nixon first became President of the United States on January 20, 1969. He was elected to two terms; however he only served one full term and a few months due to the Watergate Scandal.

During Nixon’s time in office, the United States was in a cold war with the Soviet Union. The war, which lasted from 1947 to 1991, was fought over the issue of Communism. While the Soviet Union tried to spread Communism around the world, the United States fought to prevent it and instead tried to spread Democracy.

After the election of Salvador Allendé, a Marxist, as President of Chile, President Nixon feared that Communism would spread into Latin America. Marxism is a theory of socialism that included the issue of class struggle and “dictatorship of the proletariat until the establishment of a classless society.” As president, his agenda included reform movements that included the nationalization of privatized businesses and banks, and land appropriation and collectivization. Nixon believed that these reforms threatened America’s economic interest in Chile.

In response to Allendé and his reforms, Nixon approved the Central Intelligence Agency (CIA) to do whatever it took to remove Allendé from office. National Security Advisor Henry Kissinger was in charge of this covert action. Kissinger instituted a two-track strategy for Allendé’s removal which included the continuation of outgoing Chilean President Eduardo Frei term in office and a campaign of social and economic disruption. The first track would be accomplished through labor stoppages, propaganda and withholding of American credit to Chile. The second track would be accomplished through a military coup. This military coup was kept secret, however, even within the U.S. government.

In August 1973, General Augusto Pinochet assumed control of the military. Not long after, on September 11, Allendé committed suicide after being overthrown from office. The following day the four heads of Chile’s military services and the police designated Pinochet as president. Pinochet’s rule as president saw a reversal of the socialist policies of Allendé and the return of then nationalized businesses to the original owners.

During Pinochet’s reign as president, two important military operations were in place within Chile. The first, Operation Condor, included several Latin American countries: Argentina, Bolivia, Brazil, Chile, Paraguay, and Uruguay. This operation had 3 major purposes; 1) carry out abductions, disappearances, interrogations, and torture, 2) crush political opposition to the current regimes of the countries involved, and 3) to promote cooperation among military intelligence services. During the seven years of its activity, Operation Condor is believed to be responsible for 30,000-50,000 deaths. Some targets of Condor included Americans such as former New York Congressman Ed Koch. The second operation, known as Operation Colombo, specifically targeted Pinochet’s opposition. The opposition, 119 people, disappeared and was killed. The deaths were staged to seem as if the victims had died fighting guerrillas

ARGUMENT

Pinochet's operations responsible for the deaths of 30,000-50,000 people and later 119 people were caused by the Chilean government. Nixon authorized the CIA to do whatever it takes to eliminate Salvador Allendé. By eliminating Salvador Allendé, the Marxist threat was also eliminated. There is no documentation of the CIA’s direct involvement with the coup operation that resulted in Allendé’s suicide.

When the Chilean military asked for the CIA’s assistance, they declined to get involved. The support of the CIA was demonstrated during the presidential elections. Various propaganda efforts were funded in order to prevent Allendé from being elected. Because the CIA did not directly fund or assist in helping the coup, Allendé’s suicide was out of the United States’ control. As a result, the actions of the new leader, Pinochet, cannot be blamed on Richard Nixon.

The coming to power of General Pinochet was a direct result of the Chilean people’s actions. Richard Nixon did not order Pinochet to execute Operation Colombo and Operation Condor. These operations were executed by Pinochet without regard for anyone else, but his own personal security. Richard Nixon did not gain anything from these operations. American citizens were killed as a result of Pinochet’s reign. The reason for the death of American citizen, Frank Teruggi in Chile in 1973 is unknown. The demonstrated disregard for humanity that Pinochet conveys is a trait that Richard Nixon does not have. Richard Nixon would not and did not fund Pinochet’s criminal activity and he would not and did not harm thousands of innocent individuals. Because of the Chilean people’s vigilante mentality, they eliminated a Marxist threat, but opened the door for a dictator who killed thousands of innocent people.

Nixon’s and the United States government’s intentions to eliminate the threat of Allendé by preventing him from being elected President of Chile were to protect the world and the US’s economy from yet another Marxist leader. As President of the United States, Nixon’s first priority is to ensure the stability of the people in the nation. In order to ensure the safety of American citizens, Nixon sought to prevent a threat from rising to power. Nixon wrote “I believed that a Communist regime in Cuba exporting violence, terrorism, and revolution throughout Latin America was enough” emphasizing that he viewed Allendé’s election as a potential threat to the United States and moreover the world. The CIA attempted to do so, and when the efforts of the CIA were unsuccessful and Allendé was elected as president.

The Chilean people took the law into their own hands. The United States government recognized this as an internal Chile affair and refrained from further involvement. Woodrow Wilson used the concept “making the world safe for democracy” when entering World War I, the principle applies here as well. Nixon saw Salvador Allendé’s potential presidency as a threat to democracy, and instructed the CIA to eliminate the threat. Nixon acted in the best interest of the United States and also ordered the CIA to stay out of the coup. As a result Allendé’s suicide and Pinochet’s rise to power are not Nixon’s responsibility and the murders that transpired during Pinochet’s reign, although horrible, cannot be accounted to Nixon.

2. RICHARD NIXON SHOULD BE ACQUITTED OF THE CHARGES OF TORTURE BECAUSE NEITHER THE CIA NOR ANY OTHER ORGANIZATION AFFILIATED WITH THE UNITED STATES CARRIED OUT THE TORTURE ON THE VICTIMS.

Pinochet ordered the torture and murder of thousands of people during his 17 year reign. During this 17 year reign, the Chilean people were faced with oppression, murder, and torture. The actions of torture were carried out by Pinochet’s men. Richard Nixon cannot be held responsible for the actions of Pinochet’s men who are on a different continent. Richard Nixon did not order the torture of these civilians. The atrocities occurring in Chile were out of Nixon’s jurisdiction and out of his power. He did not have the authority to stop Pinochet. The United States was not torturing people, Nixon did not order for people to be tortured, because of this there is no valid reason to penalize Nixon for something he could not control.

Operation Condor and Operation Colombo were both motivated by Pinochet’s need for political security. He executed and tortured whoever opposed his reign. 119 of opposing politicians were killed during this time. These acts were politically motivated; a motivation that Richard Nixon lacked. During Operation Colombo, Pinochet had his secret police, Direccion de Inteligencia Nacional (DINA), kill those 119 political opponents. Operation Condor was designed to maintain dictatorial power and rid Chile of communism. This operation resulted in between 30,000 and 50,000 deaths while tens of thousands of citizens were tortured or disappeared. Both of these operations were intended to ensure Pinochet’s political standing.

Richard Nixon and the United States Government, beginning with the coup that planned to overtake Allendé, deemed the Chilean conflict and internal conflict. The US made the decision to refrain from interfering with Chile. Despite the CIA’s efforts to sway the Presidential elections so Eduardo Frei would have been President of Chile, the people elected Allendé. The Chilean Military then lead a coup to overthrow Allendé. Pinochet stepped in as temporary leader, and then refused to surrender his power. The course of events is a direct result of the Chilean people’s decision. Richard Nixon cannot be held responsible for the choices of the Chilean people.

Because of the lack of connection between Nixon and the tortures executed by Pinochet’s secret police, Richard Nixon should be acquitted. The crimes occurred on a different continent in comparison to where Richard Nixon was. The blame of Pinochet’s action should not be transferred to Richard Nixon.

Before the election of 1964, the CIA was authorized to do whatever it took to prevent Allendé from winning the presidency. The CIA funded propaganda against Allendé and promoted his opponent, Eduardo Frei, in hopes of winning the 1964 election. Eduardo Frei was a member of the Christian Democratic Party, and in 1964 Frei had won the election. The CIA worked to create a Congressional infrastructure in Chile to support Frei. Overall, the effort was intended to better stabilize Chilean government.

Prior to the election of 1970, the CIA began its propaganda movement once again. The goal was to deter the Chilean people from voting for the leftist party. Despite the CIA’s efforts, the Marxist candidate, Salvador Allendé had won the election. The CIA’s next role was to assist the Chilean military in planning a military intervention. The CIA’s assistance militarily was never put to use; Track II of the plan had failed.

During Allendé’s presidency, the CIA’s role was to collect intelligence in Chile. This intelligence would be able to put the US government in a prime situation to reap benefits from the political or military situation in Chile. Military leaders asked for the CIA’s assistance in leading a coup to overthrow Allendé. The CIA declined and deemed the matter a strictly internal affair. As a result, the CIA had no part in Allendé’s subsequent suicide.

Pinochet obtained his leadership role by being the first leader in a supposed cycle of four, he never relinquished his power. He became a power-hungry dictator. Willing to do whatever I took to maintain his power. He caused the disappearance and incarcerations of thousands of people who posed a threat to his dictatorship.

Pinochet’s actions reflect his dictatorial mindset. Richard Nixon tried to help establish a stable form of government in Chile. He was successful with Frei, until Allendé was elected. Allendé posed a threat to not only Chile, but nations around the world. As a global power and strong advocate for democracy, Nixon naturally continued what various presidents before him had done and tried to help another nation. The CIA did not engage in the overthrowing of Allendé and Nixon should not be held responsible for something the US did not directly cause. The United States’ intentions were that of helping a struggling nation form a democratic society. A democratic society that is sometimes taken for granted here in the United States.