On page 268, Califano describes the Democratic reaction in the days immediately following the arrest of the five burglars:
I called [DNC Chairman Lawrence] O'Brien, who was back in Washington, and told him that we had enough to file suit on behalf of the DNC against the Committee to Re-elect the President, as well as McCord and the others caught breaking in. [Morris] Dees arrived arrived in my office that afternoon [Monday, 19th June 1972]. We drafted a complaint alleging trespassing, invasion of privacy, and conspiracy to violate Democrats' civil rights, constitutional right of free assembly, and right to vote.
The following morning [Tuesday, 20th June 1972] O'Brien and I announced the lawsuit, seeking $1 million in damages, as the complaint was being filed in federal district court. Because of O'Brien's suspicion that Nixon was personally involved, we had added as defendants "John Does and other conspirators whose names are unknown at this time."
During the press conference, O'Brien said that responsibility for the break-in went right to the White House. His unqualified accusation caught me by surprise. When I later asked about it, O'Brien said, "I've studied Nixon since the Kennedy campaign. I've no doubt that the trail will lead to the Oval Office, if we can hang in there long enough." Even if he was right, I had plenty of doubt whether such a charge could be proved. I assumed that Nixon would have taken pains to preserve his deniability. I had seen President Kennedy maintain his ability to deny any involvement in the assassination of Diem in Vietnam and the attempts on Castro's life in Cuba and President Johnson deny knowledge of actions he had directed White House aides and cabinet officers to take. O'Brien and I both knew that the mere absence of a president's name on an order did not mean he hadn't issued it.
[My law partners] Ed Williams and Paul Connally thought that, in filing the suit, O'Brien and I might have gone too far. That gave me more pause about O'Brien's charges. Nevertheless, I set as one my litigation objectives nailing Nixon to the Watergate cross.
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