Impeachment process of Richard Nixon

During 1974, Richard Nixon, the 37th President of the United States, was in the process of being impeached by the United States House of Representatives on several charges related to the Watergate scandal. The House Judiciary Committee approved articles of impeachment against him and reported those articles to the House of Representatives. The impeachment resolutions were never considered by the full House, as the process was cut short by the resignation of Nixon from the presidency on August 9, 1974. It is widely believed that had Nixon not resigned, his impeachment by the House, and removal from office by a trial of the United States Senate, would have been an inevitability.

Other than the impeachment of Andrew Johnson in 1868 and the impeachment of Bill Clinton in 1998, this was the furthest any impeachment effort against a United States president has reached. However, it was the most successful such effort, since it directly led to the departure from office of its target, while the other two impeachment trials resulted in acquittals.

Pre-Watergate impeachment efforts

On May 9, 1972, Congressman William Fitts Ryan submitted a resolution, H.Res. 975, to impeach President Nixon. The resolution was referred to the Judiciary Committee.[1] The next day, John Conyers introduced a similar resolution, H.Res. 976.[2] On May 18, 1972, Conyers introduced his second resolution, H.Res. 989, calling for President Nixon's impeachment. The resolutions were referred to the Judiciary Committee, where they died. These actions occurred before the break-in at the Watergate complex.

Representative Robert Drinan of Massachusetts on July 1973, called to introduce a resolution calling for the impeachment of Nixon, though not for the Watergate scandal. Drinan believed that Nixon's secret bombing of Cambodia was illegal, and as such, constituted a "high crime and misdemeanor". However, the Judiciary Committee voted 21 to 12 against including that charge among the articles of impeachment that were eventually approved and reported out to the full House of Representatives.

Early Watergate impeachment efforts

The Watergate scandal began with the June 17, 1972 break-in at the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement. When the conspiracy was discovered and investigated by the United States Congress, the Nixon administration's resistance to its probes led to a constitutional crisis.[3] The scandal grew to involve a slew of additional allegations against the President, ranging from the improper use of government agencies to accepting gifts in office and his personal finances and taxes; Nixon repeatedly stated his willingness to pay any outstanding taxes due, and paid $465,000 in back taxes in 1974.[4]

As the Watergate affair heated up in the summer of 1973, Representative Drinan tried again, introducing H.Res. 513 on July 31. The resolution was referred to the Judiciary Committee,[5] which at the time did not really want to get involved with such a wrenching process.

As the Watergate saga unfolded, the ACLU became the first national organization to call for Nixon's impeachment.[6] Civil rights attorney Charles Morgan, Jr. was involved in the ACLU's effort to have President Nixon impeached from office; in fact, he led the effort.[7] This, following a resolution opposing the Vietnam War, was controversial as it was the second major decision that caused critics of the ACLU, particularly conservatives, to claim that the ACLU had evolved into a liberal political organization.[8]

After Nixon fired Watergate Special Prosecutor Archibald Cox in what has been called the "Saturday Night Massacre" of October 20, 1973, however, momentum towards impeachment grew rapidly. On October 23, 1973, a landslide of resolutions calling for impeachment, impeachment investigations, and appointment of a special prosecutor were introduced against Nixon.[9] The introduction of these resolutions continued for several days, but the Judiciary committee refused to start a formal investigation, especially with the Vice Presidency vacant after the resignation amid scandal of Spiro Agnew less than two weeks before.

Nevertheless, Congressional Democrats found themselves under much pressure to hold hearings on Nixon's alleged abuse of presidential powers. Representative Peter W. Rodino of New Jersey, a Democrat, had only been Judiciary Chairman for a few months when his committee began to hear the case for Nixon's impeachment. Until the Watergate scandal, Rodino had spent his political career largely below the radar screen. Watergate put Rodino front and center in the political limelight. "If fate had been looking for one of the powerhouses of Congress, it wouldn't have picked me," Rodino told a reporter at the time.[10] After the Saturday Night Massacre, Rodino began his committee's investigation.

Overall, as the Watergate scandal developed during 1973, Carl Albert, as Speaker of the House, referred some two dozen impeachment resolutions to the House Judiciary Committee for debate and study.[11]

The House Judiciary Committee takes up the case

With pressure growing and a new Vice President, Gerald Ford, in place, the House passed a resolution, H.Res. 803, on February 6, 1974, that gave the Judiciary Committee authority to actually investigate charges against the President.[12][13] This is also known as H.Res. 803 it is.[12][13]

The committee spent eight months gathering evidence – "mostly behind closed doors but with frequent news leaks" – and pushed Nixon to comply with a subpoena for conversations taped in the Oval Office.[14]

During 1974, Hillary Rodham was a member of the impeachment inquiry staff in Washington, D.C., advising the Judiciary Committee.[15] Under the guidance of Chief Counsel John Doar and senior member Bernard Nussbaum,[16] Rodham helped research procedures of impeachment and the historical grounds and standards for impeachment.[15] Like other committee staffers, she worked long, sometimes tedious hours. She and the few other women on the staff had to post a sign telling the male staffers that they were not there to make coffee for them.[17]

Robert D. Sack served as Associate Special Counsel and Senior Associate Special Counsel for the committee's impeachment inquiry.

House Librarian Emanuel Raymond Lewis provided critical historical references to guide the committee in its work.[18]

In the view of Doar, Chairman Rodino "was able to impose discipline on the staff. He insisted that there be no leaks to the press. There were no leaks to the press. He insisted that it be bipartisan, it not be partisan. There was no partisanship on the staff. In fact, it was remarkably non-partisan. And that is the result of good leadership. And although Congressman Rodino was a quiet man, he had the knack of leading, of managing, and he did it very well, in my opinion."[19]

Impeachment hearings

The House Judiciary Committee opened impeachment hearings against the President on May 9, 1974, which were televised on the major U.S. networks. The hearings lasted until the summer when, after much wrangling, the Judiciary Committee voted three articles of impeachment to the floor of the House, the furthest an impeachment proceeding had progressed in over a century.

Focus was on Article One of the United States Constitution.

At the time of the initial impeachment investigations, it was not known if Nixon had known and approved of the payments to the Watergate defendants earlier than this conversation. Nixon's conversation with Haldeman on August 1, 1972, is one of several that establishes this. Nixon states: "Well…they have to be paid. That's all there is to that. They have to be paid."[20] During the congressional debate on impeachment, some believed that impeachment required a criminally indictable offense. President Nixon's agreement to make the blackmail payments was regarded as an affirmative act to obstruct justice.[21]

Focus was also on allegations of misuse in a discriminatory manner of the Internal Revenue Service and other federal agencies.[22]

Democrat Ray Thornton of Arkansas was part of a group of three southern Democrats and four moderate Republicans who drafted the articles adopted by the Committee. Representative William L. Hungate of Missouri was chosen to propose the second of the three articles of impeachment. Democrat Jack Brooks of Texas was one drafted the articles of impeachment adopted by the Committee. For this reason, Nixon later called Brooks his "executioner."[23]

Democratic member Barbara Jordan of Texas made an influential televised speech before the House Judiciary Committee supporting the process of impeachment of Nixon.[24] Known as the Statement on the Articles of Impeachment, delivered on July 25, 1974, Jordan delivered a fifteen-minute opening speech[25] This speech is thought to be one of the best speeches of the 20th century.[26] Throughout her speech, Jordan strongly stood by the Constitution of the United States of America. She defended the checks and balances system, which was set in place to inhibit any politician from abusing their power. Jordan never flat out said that she wanted Nixon impeached, but rather subtly and cleverly implied her thoughts.[27] She simply stated facts that proved Nixon to be untrustworthy and heavily involved in illegal situations.[27] She protested that the Watergate scandal will forever ruin the trust American citizens have for their government.[27] This powerful and influential statement earned Barbara Jordan national praise for her rhetoric, morals, and wisdom.[24]

Democratic Representative Walter Flowers of Alabama, a conservative Democrat, was considered to be leaning against the impeachment vote. After a long struggle which caused an ulcer to recur, Flowers indicated he would vote for impeachment. The congressman said "I felt that if we didn't impeach, we'd just ingrain and stamp in our highest office a standard of conduct that's just unacceptable."[28] Coming from a state which had supported Nixon in 1972, he was seen as influential even with some Republicans. He told the undecided Republicans on the committee, "This is something we just cannot walk away from. It happened, and now we've got to deal with it.[28]

Representative Elizabeth Holtzman of New York, a young Democrat, also drew national media attention as a member of the committee.[29] As a member of the Judiciary Committee, Drinan also played an integral role in the Congressional investigation of Nixon Administration misdeeds and crimes.

Republican Charles E. Wiggins of California was Nixon's fiercest and ablest defender on the committee.[30] Republican Charles W. Sandman, Jr. of New Jersey defended Nixon almost throughout the proceedings. At one point during the hearings, Sandman angrily told his New Jersey colleague on the committee, Chairman Rodino, "Please, let us not bore the American public ... you have your 27 votes", referring to the 27 affirmative votes for the first article of impeachment against Nixon.

Attorney James D. St. Clair represented Nixon before the House Judiciary Committee as they considered the impeachment charges against him. Sam Garrison was a lawyer who also defended Nixon during impeachment process.[31]

Law professor Raoul Berger was a popular academic critic of the doctrine of "executive privilege" and was viewed as playing a significant role in undermining Nixon's constitutional arguments during the impeachment process.[32]

These hearings culminated in votes for impeachment.[33] As the Judiciary Committee prepared for the vote, Rodino said: "We have deliberated. We have been patient. We have been fair. Now the American people, the House of Representatives and the Constitution and the whole history of our republic demand that we make up our minds."[10]

Articles of impeachment

The committee, with six Republicans joining the Democratic majority, passed three of the five proposed articles of impeachment.[10]

On July 27, 1974, the House Judiciary Committee voted 27–11 to recommend the first article of impeachment against the president: obstruction of justice.[33] The House then recommended the second article, abuse of power, on July 29, 1974. The next day, on July 30, 1974, the House recommended the third article: contempt of Congress.

Part of Article 2 of the Bill of Impeachment against President Nixon read:

Resolved, That Richard M. Nixon, President of the United States, is impeached for high crimes and misdemeanors ...
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 ...
He has, acting personally and through his subordinates and agents, endeavored to ... cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigations to be initiated or conducted in a discriminatory manner.[22]

In a 1989 interview with Susan Stamberg of National Public Radio, Rodino recalled that after the vote he went to room in back of the committee chambers, called his wife and cried. "Notwithstanding the fact that I was Democrat, notwithstanding the fact that there were many who thought that Rodino wanted to bring down a president as a Democrat, you know, he was our president. And this is our system that was being tested. And here was a man who had achieved the highest office that anyone could gift him with, you know. And you're bringing down the presidency of the United States, and it was a sad, sad commentary on our whole history and, of course, on Richard Nixon."[19]

The Committee voted 21–12 against including the administration's falsification of records concerning the secret bombing of Cambodia in the articles of impeachment leveled against President Nixon.[34] One of the key issues that prevented congressional inclusion was the embarrassing fact that five key members of both political parties had been privy to the information and had neither said nor done anything about it.

Another article of impeachment was also not passed.[10]

Dénouement

Even with support diminished by the continuing series of revelations, Nixon hoped to fight the impeachment charges. But on July 24, the Supreme Court had ruled unanimously in United States v. Nixon that the full Nixon White House tapes, not just selected transcripts, must be released.[35]

As a consequence, on August 5, 1974, the White House released a previously unknown audio tape from June 23, 1972. Recorded only a few days after the break-in, it documented the initial stages of the coverup: it revealed Nixon and aide H. R. Haldeman meeting in the Oval Office and formulating a plan to block investigations by having the CIA falsely claim to the FBI that national security was involved. This demonstrated that Nixon had been told of the White House connection to the Watergate burglaries soon after they took place, and had approved plans to thwart the investigation. In a statement accompanying the release of what became known as the "Smoking Gun Tape", Nixon accepted blame for misleading the country about when he had been told of White House involvement, stating that he had a lapse of memory.[36]

The release of the "smoking gun" tape destroyed Nixon politically. The ten congressmen who voted against all three articles of impeachment in the House Judiciary Committee announced they would all support impeachment when the vote was taken in the full House. Representative Wiggins in particular dropped his support for Nixon after the revelation of this tape.[30] Wiggins said, however, he would still oppose some of the passed articles that were not affected by the new revelation. Sandman announced that he too would vote for impeachment on the House floor after the release of the transcript, as did all of the Republicans who had voted against the articles in committee.

On the night of August 7, 1974, Senators Barry Goldwater and Hugh Scott and Congressman John Jacob Rhodes met with Nixon in the Oval Office and told him that his support in Congress had all but disappeared. Rhodes told Nixon that he would face certain impeachment when the articles came up for vote in the full House. Goldwater and Scott told the president that there were not only enough votes in the Senate to convict him, but that no more than 15 Senators were willing to vote for acquittal – far fewer than the 34 he needed to avoid removal from office.[37] Realizing that he had no chance of staying in power, Nixon decided to go out on his own.

And so with impeachment and removal by the Senate all but certain, on August 9, 1974, Nixon became the first president to resign.[38]

Aftermath

With President Nixon's resignation, Congress dropped its impeachment proceedings. On August 20, 1974, the House authorized the printing of the Committee report H. Rept. 93-1305, which included the text of the resolution impeaching President Nixon and set forth articles of impeachment against him.[39][40]

Criminal prosecution was still a possibility both on the federal and state level.[41] Nixon was succeeded by Vice President Gerald Ford as President, who on September 8, 1974, issued a full and unconditional pardon of Nixon, immunizing him from prosecution for any crimes he had "committed or may have committed or taken part in" as president.[42]

Nixon proclaimed his innocence until his death in 1994. In his official response to the pardon, he said that he "...was wrong in not acting more decisively and more forthrightly in dealing with Watergate, particularly when it reached the stage of judicial proceedings and grew from a political scandal into a national tragedy."[43]

The legacy of several of the House Judiciary Committee members was affected by the impeachment process.

Rodino's forty-year career in the House would become mostly remembered, in a positive light, for his role during the impeachment hearings.[44] Jordan's eloquence on the committee enhanced her national reputation and in 1975, she was appointed by Albert to the Democratic Steering and Policy Committee. Jordan was mentioned as a possible running mate to presidential nominee Jimmy Carter.[45] She instead delivered the keynote address at the 1976 Democratic National Convention, the first African-American woman to do so.[45]

Wiggins's advocacy for Nixon almost cost him reelection in 1974.[46] He was re-elected one more time before retiring from Congress. Sandman's reputation was severely tarnished by his performance in the televised hearings. He was soundly defeated by Democrat William J. Hughes, his opponent in 1974.

See also

References

  1. ↑ 1972 Congressional Record, Vol. 118, Page H16350
  2. ↑ 1972 Congressional Record, Vol. 118, Page H16663
  3. ↑ "A burglary turns into a constitutional crisis". CNN. June 16, 2004. Retrieved May 13, 2014.
  4. ↑ Samson, William (2005). "President Nixon's Troublesome Tax Returns". TaxAnalysts. Retrieved December 20, 2013.
  5. ↑ 1973 Congressional Record, Vol. 119, Page H27062
  6. ↑ Walker, Samuel (1990), In Defense of American Liberties: A History of the ACLU, Oxford University Press, ISBN 0-19-504539-4, pp. 292–294. The ACLU published a full page newspaper advertisement on October 14, 1973, urging impeachment.
  7. ↑ Reed, Roy. "Charles Morgan Jr., 78, Dies; Leading Civil Rights Lawyer." The New York Times. The New York Times, 9 Jan. 2009. Web. 3 Nov. 2013.
  8. ↑ Walker, p. 294
  9. ↑ 1973 Congressional Record, Vol. 119, Page H34871 -73
  10. 1 2 3 4 Shipkowski, Bruce (8 May 2005). "Peter Rodino Jr., 96; led hearing on Nixon impeachment". Retrieved 15 January 2015.
  11. ↑ Little Giant, by Carl Albert, with Danney Goble, Norman, Oklahoma, University of Oklahoma Press, 1990.
  12. 1 2 1974 Congressional Record, Vol. 120, Page H2349 -50
  13. 1 2 1974 Congressional Record, Vol. 120, Page H2362 -63
  14. ↑ Wood, Anthony R.; Horvitz, Paul (8 May 2005). "Ex-congressman Peter Rodino, 95, dies The N.J. Democrat headed impeachment hearings that led Nixon to resign.". Philadelphia Inquirer. Retrieved 15 January 2015.
  15. 1 2 Bernstein, Carl (2007). A Woman in Charge: The Life of Hillary Rodham Clinton. New York: Alfred A. Knopf. ISBN 0-375-40766-9., pp. 94–96, 101–103.
  16. ↑ Bernstein, A Woman in Charge, p. 75.
  17. ↑ Bernstein, A Woman in Charge, [need page number].
  18. ↑ Congressional Record, May 28, 2014, 113th Congress, 2nd Session, Issue: Vol. 160, No. 81 IN MEMORY OF EMANUEL RAYMOND LEWIS, LIBRARIAN EMERITUS OF THE U.S. HOUSE OF REPRESENTATIVES
  19. 1 2 All Things Considered (8 May 2005). "Watergate Figure Peter Rodino Dies". National Public Radio (NPR).
  20. ↑ Kutler, S: Abuse of Power, page 111. Simon & Schuster, 1997. Transcribed conversation between President Nixon and Haldeman.
  21. ↑ Bernstein, C. and Woodward, B: The Final Days, page 252. Simon & Schuster, 1976.
  22. 1 2 "Impeachment Proceedings Against President Nixon". United States Government Publishing Office. Retrieved 2015-07-28.
  23. ↑ Cahn, Emily (December 5, 2012). "Jack Brooks of Texas Dies at 89". CQ Roll Call.
  24. 1 2 "Barbara C. Jordan". History.com. 2009. Retrieved 7 May 2015.
  25. ↑ "Barbara C. Jordan Profile," The History Channel, A&E Television Networks, LLC. 1996-2013. http://www.history.com/topics/barbara-c-jordan. Accessed 5 October 2013
  26. ↑ "American Rhetoric: Top 100 Speeches," American Rhetoric Website, 2001-2013. http://www.americanrhetoric.com/top100speechesall.html. Accessed 5 October 2013
  27. 1 2 3 "Mr.Newman's Digital Rhetorical Symposium: Barbara Jordan: Statement on the Articles of Impeachment, "Newman Rhetoric Blogging Website, 2010. http://www.newmanrhetoric.blogspot.com. Accessed 5 October 2013.
  28. 1 2 "The Fatal Vote to Impeach". Time.com. 1974-08-05. Retrieved 2007-06-22.
  29. ↑ Holtzman, Elizabeth. "Elizabeth Holtzman". Huffington Post.
  30. 1 2 Pace, Eric (March 8, 2000). "Charles Wiggins, 72, Dies; Led Nixon's Defense in Hearings". New York Times. Retrieved 2010-08-29.
  31. ↑ Mike Allen; Amanda Codispoti (31 May 2007). "Lawyer relished role as activist: Gay rights topped the list of Sam Garrison's causes during a career with its share of ups and downs". Roanoke Times.
  32. ↑ Crapanzano, Vincent (2000). Serving the Word: Literalism in America from the Pulpit to the Bench. New York: The New Press. pp. 246–251. ISBN 1-56584-673-7.
  33. 1 2 The Washington Post, Nixon Resigns.
  34. ↑ War in the Shadows, p. 149.
  35. ↑ Ambrose, Stephen E. (1991). Nixon: Ruin and Recovery 1973–1990. New York: Simon & Schuster. ISBN 978-0-671-69188-2., pp. 394–395.
  36. ↑ Ambrose, Nixon, pp. 414–416.
  37. ↑ Black, Conrad (2007). Richard M. Nixon: A Life in Full. New York: PublicAffairs Books. ISBN 978-1-58648-519-1., p. 978.
  38. ↑ "Nixon Resigns". The Washington Post. The Watergate Story. Retrieved July 16, 2011.
  39. ↑ 1974 Congressional Record, Vol. 120, Page H29219
  40. ↑ Bazan, Elizabeth B (December 9, 2010), "Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice", Congressional Research Service reports
  41. ↑ "The Legal Aftermath Citizen Nixon and the Law". Time. August 19, 1974. Retrieved July 24, 2011.
  42. ↑ "Gerald Ford's Proclamation Granting a Pardon to Richard Nixon". Ford.utexas.edu. Retrieved June 17, 2010.
  43. ↑ MARY LOU FULTON (July 17, 1990). "Nixon Library : Nixon Timeline - Page 2 - Los Angeles Times". Articles.latimes.com. Retrieved July 28, 2014.
  44. ↑ Kaufman, Michael T. "Peter W. Rodino Dies at 96; Led House Inquiry on Nixon", The New York Times, May 8, 2005. Accessed November 25, 2007. "Peter W. Rodino Jr., an obscure congressman from the streets of Newark who impressed the nation by the dignity, fairness, and firmness he showed as chairman of the impeachment hearings that induced Richard M. Nixon to resign as president, died yesterday at his home in West Orange, N.J. He was 95."
  45. 1 2 "Stateswoman Barbara Jordan – A Closeted Lesbian". Planet Out. Archived from the original on December 14, 2007. Retrieved July 12, 2007.
  46. ↑ "Voters Turn Backs on Nixon Supporters". Milwaukee Journal. November 6, 1974. Retrieved 2010-08-29.

External links

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