Nixon + corruption; Jordan + inspiration
At the time, they said we would grow into a nation of cynics. I mean, you can’t have the president of any nation revealed as a thief, a liar and a moral vacuum and then continue, business as usual. Rally round the flag. Hail to the chief and all that jazz.
Cynics? I thought they were wrong. We were a nation of outraged citizenry. More people came forward to do the “right thing” during the Watergate investigation than did not. By the way, the right thing, in this case, was both hard and dangerous.
It meant speaking out against bosses and policies and the “perversion” of law and civic rights.
Actual government officials, both high and low, had to come forward.
It meant, ultimately, speaking out against the president and those glowing in the ring of power.
Action would have to be taken, formal, messy, public and legal action.
It meant jolting the history books.
It meant that the citizens of this country would be given a choice: what we would find acceptable by our leaders and what we would not.
June 18 and June 19, 1972: the Washington Post reports on a break-in to Democratic National Committee headquarters at the Watergate Hotel. Of the five arrested, one claims to be former CIA while another proves to be a Republican security aide.
October 10, 1972, the FBI verifies links between the Republican Committee to Re-Elect the President and the Watergate criminals. Among the charges are evidence of organized political spying and sabotage.
November 17, 1972, Nixon is re-elected in a landslide victory.
November, 17, 1973, Nixon publicly states he is innocent of any Watergate connection.
July 24, 1974, Congress overrules executive privilege and insists the President turn over missing tape recordings of White House conversations “forthwith.” The Supreme Court, in an 8-0 decision, supported the requisition of the tapes. Justice William H. Rehnquist recused himself because of his prior relationship with Nixon appointee and White House Attorney General, John N. Mitchell.
July 27, 1974, Congress passes three articles of impeachment against Nixon. The three articles of impeachment begin with obstruction of justice and end with subverting the laws of this nation.
August 8, 1974, Nixon resigns.
July 25, 1974, Congresswoman Barbara Jordan made the following speech before Congress. There is no room for cynicism in this speech. This is a moment in history that is sweeping and grand. It is inspiring:
Mr. Chairman:
I join in thanking you for giving the junior members of this committee the glorious opportunity of sharing the pain of this inquiry. Mr. Chairman, you are a strong man and it has not been easy but we have tried as best we can to give you as much assistance as possible.
Earlier today, we heard the beginning of the Preamble to the Constitution of the United States, “We, the people.” It is a very eloquent beginning. But when the document was completed on the seventeenth of September 1787 I was not included in that “We, the people.” I felt somehow for many years that George Washington and Alexander Hamilton just left me out by mistake. But through the process of amendment, interpretation and court decision I have finally been included in “We, the people.”
Today, I am an inquisitor; I believe hyperbole would not be fictional and would not overstate the solemnness that I feel right now. My faith in the Constitution is whole, it is complete, it is total. I am not going to sit here and be an idle spectator to the diminution, the subversion, the destruction of the Constitution.
…The subject of its jurisdiction are those offenses which proceed from the misconduct of public men. That is what we are talking about. In other words, the jurisdiction comes from the abuse or violation of some public trust. It is wrong, I suggest, it is a misreading of the Constitution, for any member here to assert that for a member to vote for an article of impeachment means that that member must be convinced that the President should be removed from office.
The Constitution doesn’t say that. The powers relating to impeachment are an essential check in the hands of this body, the legislature, against and upon the encroachment of the Executive. In establishing the division between the two branches of the legislature, the House and the Senate, assigning to the one the right to accuse and to the other the right to judge, the framers of this Constitution were very astute. They did not make the accusers and the judges the same person.
We know the nature of impeachment. We have been talking about it awhile now. It is chiefly designed for the President and his high ministers to somehow be called into account. It is designed to “bridle” the Executive if he engages in excesses. It is designed as a method of national inquest into the conduct of public men. The framers confined in the Congress the power, if need be, to remove the President in order to strike a delicate balance between a President swollen with power and grown tyrannical and preservation of the independence of the Executive. The nature of impeachment is a narrowly channeled exception to the separation of powers maxim; the federal convention of 1787 said that. It limited impeachment to high crimes and misdemeanors and discounted and opposed the term, “maladministration.” “It is to be used only for great misdemeanors,” so it was said in the North Carolina ratification convention. And in the Virginia ratification convention: “We need one branch to check the others.”
The North Carolina ratification convention: “No one need to be afraid that officers who commit oppression will pass with immunity.
“Prosecutions of impeachments will seldom fail to agitate the passions of the whole community,” said Hamilton in the Federalist Papers, number 65. “And to divide it into parties more or less friendly or inimical to the accused.” I do not mean political parties in that sense.
The drawing of political lines goes to the motivation behind impeachment; but impeachment must proceed within the confines of the constitutional term, “high crime and misdemeanors.”
Of the impeachment process, it was Woodrow Wilson who said that “nothing short of the grossest offenses against the plain law of the land will suffice to give them speed and effectiveness. Indignation so great as to overgrow party interest may secure a conviction; but nothing else can.”
Common sense would be revolted if we engaged upon this process for petty reasons. Congress has a lot to do: Appropriations, tax reform, health insurance, campaign finance reform, housing, environmental protection, energy sufficiency, mass transportation. Pettiness cannot be allowed to stand in the face of such overwhelming problems. So today we are not being petty. We are trying to be big, because the task we have before us is a big one.
This morning, in a discussion of the evidence, we were told that the evidence which purports to support the allegations of misuse of the CIA by the President is thin. We are told that that evidence is insufficient. What that recital of the evidence this morning did not include is what the President did know on June 23, 1972. The President did know that it was Republican money, that it was money from the Committee for the Re-election of the President, which was found in the possession of one of the burglars arrested on June 17.
What the President did know on June 23 was the prior activities of E. Howard Hunt, which included his participation in the break-in of Daniel Ellsberg’s psychiatrist, which included Howard Hunt’s participation in the Dita Beard ITT affair, which included Howard Hunt’s fabrication of cables designed to discredit the Kennedy Administration.
We were further cautioned today that perhaps these proceedings ought to be delayed because certainly there would be new evidence forthcoming from the President of the United States. There has not even been an obfuscated indication that this committee would receive any additional materials from the President. The committee subpoena is outstanding and if the President wants to supply that material, the committee sits here. The fact is that on yesterday, the American people waited with great anxiety for eight hours, not knowing whether their President would obey an order of the Supreme Court of the United States.
At this point, I would like to juxtapose a few of the impeachment criteria with some of the President’s actions.
Impeachment criteria: James Madison, from the Virginia ratification convention. “If the President be connected in any suspicious manner with any person and there is grounds to believe that he will shelter him, he may be impeached.”
We have heard time and time again that the evidence reflects payment to the defendants of money. The President had knowledge that these funds were being paid and that these were funds collected for the 1972 presidential campaign. We know that the President met with Mr. Henry Petersen twenty-seven times to discuss matters related to Watergate, and immediately thereafter met with the very persons who were implicated in the information Mr. Petersen was receiving and transmitting to the President. The words are, “If the President be connected in any suspicious manner with any person and there be grounds to believe that he will shelter that person, he may be impeached.”
Justice Story: “Impeachment is intended for occasional and extraordinary cases where a superior power acting for the whole people is put into operation to protect their rights and rescue their liberties from violations.”
We know about the Houston plan. We know about the break-in of the psychiatrist’s office. We know that there was absolute, complete direction in August 1971 when the President instructed Ehrilichman to “do whatever is necessary.” This instruction led to a surreptitious entry into Dr. Fielding’s office. “Protect their rights.” “Rescue their liberties from violation.”
The South Carolina ratification convention impeachment criteria: Those are impeachable “who behave amiss or betray their public trust.”
Beginning shortly after the Watergate break-in and continuing to the present time, the President has engaged in a series of public statements and actions designed to thwart the lawful investigation by government prosecutors. Moreover, the President has made public announcements and assertions bearing on the Watergate case which the evidence will show he knew to be false. These assertions, false assertions; impeachable, those who misbehave. Those who “behave amiss or betray their public trust.”
James Madison, again at the constitutional convention: “A President is impeachable if he attempts to subvert the Constitution.”
The Constitution charges the President with the task of taking care that the laws be faithfully executed, and yet the President has counseled his aides to commit perjury, willfully disregarded the secrecy of grand jury proceedings, concealed surreptitious entry, attempted to compromise a federal judge while publicly displaying his cooperation with the process of criminal justice. “A President is impeachable if he attempts to subvert the Constitution.”
If the impeachment provision in the Constitution of the United States will not reach the offenses charged here, then perhaps that eighteenth century Constitution should be abandoned to a twentieth century paper shredder.
Has the President committed offenses and planned and directed and acquiesced in a course of conduct which the Constitution will not tolerate? This is the question. We know that. We know the question.
We should now forthwith proceed to answer the question.
It is reason, and not passion, which must guide our deliberations, guide our debate, and guide our decision.
Mr. Chairman, I yield back the balance of my time.
Happy notes:
July 26, 1948
President Harry S. Truman signs Executive Order 9981 and legally ends discrimination in the U.S. military and in the government. To be thorough, Truman also establishes the Committee on Equality of Treatment and Opportunity in the Armed Forces.
President Truman’s Executive Order 9981 states:
It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion, or national origin.
July 28, 1868
The Fourteenth Amendment to the U.S. Constitution is ratified. It promises that all citizens, born or naturalized, are equally protected under the law. This granted African Americans the right of citizenship.
Section 1 of the Fourteenth Amendment states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
July 31, 1777
The 19-year old Marquis de Lafayette became Major General de Lafayette in the Continental Army.
Recent birthday babes include:
Wesley Snipes, 1963, actor
Vita Blue, 1949, baseball great and winner of the Cy Young, American League MVP, and Sporting News Pitcher of the Year awards
Mick Jagger, 1944, legendary English rock ‘n roll bad boy…but you already know that
Bugs Bunny, 1940, debuts in the cartoon, “A Wild Hare”
Stanley Kubrick, 1928, director, A Clockwork Orange, Full Metal Jacket, 2001: A Space Odyssey…
Henry Moore, 1898, English sculptor
Amelia Earhart, 1897, the first aviatrix to fly alone over the Atlantic
Robert Graves, 1895, English poet, novelist, critic and classical scholar (I, Claudius)
Aldous Huxley, 1894, author or Brave New World
Maxfield Parrish 1870, painter
Henry Ford, 1863, industrialist
Emily Bronte, 1818, English author of Wuthering Heights
Alexander Dumas, 1802, French author of The Three Musketeers
The Three Articles of Impeachment Against Richard M. Nixon (courtesy of www.historyplace.com)
Article 1: Obstruction of Justice.
In his conduct of the office of the President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that: On June 17, 1972, and prior thereto, agents of the Committee for the Re-Election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his subordinates and agents in a course of conduct or plan designed to delay, impede and obstruct investigations of such unlawful entry; to cover up, conceal and protect those responsible and to conceal the existence and scope of other unlawful covert activities. The means used to implement this course of conduct or plan have included one or more of the following:
(1) Making or causing to be made false or misleading statements to lawfully authorized investigative officers and employes of the United States.
(2) Withholding relevant and material evidence or information from lawfully authorized investigative officers and employes of the United States.
(3) Approving, condoning, acquiescing in, and counseling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employes of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings.
(4) Interfering or endeavoring to interfere with the conduct of investigations by the Department of Justice of the United States, the Federal Bureau of Investigation, the office of Watergate Special Prosecution Force and congressional committees.
(5) Approving, condoning, and acquiescing in, the surreptitious payments of substantial sums of money for the purpose of obtaining the silence or influencing the testimony of witnesses, potential witnesses or individuals who participated in such unlawful entry and other illegal activities.
(6) Endeavoring to misuse the Central Intelligence Agency, an agency of the United States.
(7) Disseminating information received from officers of the Department of Justice of the United States to subjects of investigations conducted by lawfully authorized investigative officers and employes of the United States for the purpose of aiding and assisting such subjects in their attempts to avoid criminal liability.
(8) Making false or misleading public statements for the purpose of deceiving the people of the United States into believing that a thorough and complete investigation has been conducted with respect to allegation of misconduct on the part of personnel of the Executive Branch of the United States and personnel of the Committee for the Re-Election of the President, and that there was no involvement of such personnel in such misconduct; or
(9) Endeavoring to cause prospective defendants, and individuals duly tried and convicted, to expect favored treatment and consideration in return for their silence or false testimony, or rewarding individuals for their silence or false testimony.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.
Article 2: Abuse of Power.
Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, imparting the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposes of these agencies.
This conduct has included one or more of the following:
(1) He has, acting personally and through his subordinated and agents, endeavored to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposes not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigation to be initiated or conducted in a discriminatory manner.
(2) He misused the Federal Bureau of Investigation, the Secret Service, and other executive personnel, in violation or disregard of the constitutional rights of citizens, by directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; he did direct, authorize, or permit the use of information obtained thereby for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; and he did direct the concealment of certain records made by the Federal Bureau of Investigation of electronic surveillance.
(3) He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions to him, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.
(4) He has failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavored to impede and frustrate lawful inquiries by duly constituted executive; judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities including those relating to the confirmation of Richard Kleindienst as attorney general of the United States, the electronic surveillance of private citizens, the break-in into the office of Dr. Lewis Fielding, and the campaign financing practices of the Committee to Re-elect the President.
(5) In disregard of the rule of law: he knowingly misused the executive power by interfering with agencies of the executive branch: including the Federal Bureau of Investigation, the Criminal Division and the Office of Watergate Special Prosecution Force of the Department of Justice, in violation of his duty to take care that the laws by faithfully executed.
In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.
Article 3: Contempt of Congress.
In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of the President of the United States, and to the best of his ability preserve, protect and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, had failed without lawful cause or excuse, to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives, on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things, Richard M. Nixon, substituting his judgement as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by Constitution in the House of Representatives.
In all this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.
Wherefore, Richard M. Nixon, by such conduct, warrants impeachment and trial and removal from office.
See these links for more Watergate history and Watergate timelines:
https://www.washingtonpost.com
https://www.watergate.info/chronology/brief.shtml
https://www.historyplace.com
https://www.watergate.info
https://www.landmarkcases.org



























