After 35 years of being kept secret, a UW-Madison professor is helping bring to light documents and recordings related to former President Richard Nixon.
The documents, which will be available online to the public Thursday, will include a transcript of Nixon's grand jury testimony related to the Watergate investigation given in 1975.
News outlets at the time reported the testimony included the notorious 18-and-a-half minute gap in a recorded conversation between Nixon and his chief of staff, H.R. Haldeman.
Typically, grand jury testimony is kept private. However, U.S. District Court Judge Royce C. Lamberth sided with Kutler in his decision to release the documents, saying they have "undisputed historical interest."
Kutler, a professor emeritus and Nixon administration expert, said his case met little resistance despite opposition by the Department of Justice, which worked to preserve the privacy of individuals mentioned in the testimony. According to Kutler, though, these arguments held little weight.
"Almost everybody that could possibly have been involved with [the testimony] is ... dead," Kutler said. "There was really no privacy issue."
Judge Lamberth agreed, dismissing arguments put forth by the DOJ, which decided not to appeal Lamberth's decision.
"Watergate's significance in American history cannot be overstated," Lamberth wrote in his decision. "The disclosure of President Nixon's grand jury testimony would likely enhance the existing historical record, foster further scholarly discussion and improve the public's understanding of a significant historical event."
Kutler said while he does not know the exact details of the transcript, he does not expect it will alter the current understanding of the Nixon era. He said the importance of the case is the precedent it will set for future cases involving "historic material."
"The public should know as much as possible about what is happening in closed doors that may or may not affect their lives," he said. "It's just the issue of transparency."
As a historian who studies the Nixon era, Kutler said he is dependent upon his sources, making his victory in court an important one.
"I've dealt for years with freedom of information documents," he said. "It's always a battle, but it's a battle worth fighting."
