1/18/2007(C) Copyright Sean Wilson. 2007.2 Todays Lecture:
Richard Nixon and the American Political Drama
Slide 4
1/18/2007(C) Copyright Sean Wilson. 2007.3 Lecture
Organization: Class Announcements Nixon -- Introduction Nixon The
Ideological Presidency Nixon Foreign Policy Watergate What
Watergate Really Was Presidents and the Rule of Law
Slide 5
Class Announcements course journal -- Hand them in on Nov 6 th
original notes copies of any web activities Questions?
Slide 6
Class Announcements final paper -- please meet me before the
final class to go over your paper -- grades will be penalized if I
have not looked at your sources. Questions?
Slide 7
1/18/2007 (C) Copyright Sean Wilson. 2007.6 Nixon --
Introduction 1. Interesting sort of drama -- reminds me of Henry
VIII in terms of the entertainment value 2. Historys judgment of
Nixon: pragmatism & psychology talked like a hawk on foreign
policy matters, but who, in fact, had a pragmatic vision in foreign
policy Talked like he hated the New Deal, but ended up launching
his own liberal domestic programs active/negative personality --
personality had a dark side that was predicated upon insecurity --
physically frail, mommas boy -- depression after achievement
Slide 8
1/18/2007 (C) Copyright Sean Wilson. 2007.7 Nixon --
Introduction 3. Experience: -- Eisenhowers vice president
(1952-1960) -- He was in the House and Senate before that --
staunch cold warrior during the McCarthy era (Red Scare) --
involved in the Alger Hiss case (communist spying) -- is involved
in the hunt for subversives 4. The Kitchen Debates -- Nixon is more
conservative than Ike -- One side of Nixon: conservative idealist
in rhetoric -- Another side: Nixon the pragmatic realist he was a
shrewd practical politician -- Final side: Nixon the insecure
personality. Kitchen Debates -- Nixon went to Russia in 1958 and
appeared with Nikita Khrushchev at Exhibition Hall in Moscow where
Soviets were showing off their modern appliances and technology.
Nixon gets into a war of words with Khrushchev where he argues the
case for the benefits of capitalism; Khrushchev made the case in
reply for communism. This spectacle became known as the kitchen
debates, because millions of Americans saw them on television, and
made Nixon popular in the country he had stood up for America and
showed courage. His vision of America was more conservative than
Ike had announced. He was more of a cold warrior than others.
Slide 9
1/18/2007 (C) Copyright Sean Wilson. 2007.8 Nixon The
Ideological Presidency 1. close races -- Kennedy and Nixon in 1960
(television and insecurity) -- Hubert Humphrey and Nixon in 1968
(another close race Nixon barely wins) 2. Expectations in 1968 --
people thought that when Nixon was elected, he would try to
dismantle the new deal programs or cut them back -- in fact, he
will do the opposite
Slide 10
1/18/2007 (C) Copyright Sean Wilson. 2007.9 3. Federal programs
-- He creates the EPA (Environmental Protection Agency) (argument:
he is servicing a policy market) (the sign of the times requires
this?) -- Radical welfare plan -- National health insurance --
Management of the economy price controls and deficits Family
Assistance Plan -- Nixon also had entered the White House being
against welfare payments and giving out handouts. He didnt like
welfare state policies, at least not ideologically. So what
happens? He ends up proposing the FAP (Family Assistance Plan),
which is a radical program. Nixon wanted to give a grant of money
to people who lived below the poverty line in exchange for getting
rid of welfare bureaucracy. Giving money without bureaucracy. Just
mail everyone below a certain income level a check (called
guaranteed annual income). His proposal for an annual grant of
money is defeated in Congress. National health insurance -- Nixon
proposed a program to bring national health insurance to everyone
in the country. Some people screamed it was a form of socialized
medicine. The Democrats in the Congress helped defeat the program
because they didnt want Nixon to get credit for it. National health
insurance -- Nixon is known as a free enterprise advocate the great
capitalist but when he runs into the inflation problem, what does
he do? (Nixon had an inflation problem that hit during the first
term). He remembers what he did for the office of price
administration during the war (he worked there). What he does is he
proposes price and wage controls. He also says at one point that
deficit spending is acceptable, and announces that we are all
Keynesians now. Nixon The Ideological Presidency
Slide 11
1/18/2007 (C) Copyright Sean Wilson. 2007.10 Nixon The
Ideological Presidency 4. The Supreme Court -- at first, he tries
conservative appointments Defeated in the Senate -- ended up
nominating a balanced set of justices -- Rehnquist (arch
conservative); Blackmun (centrist to liberal); Burger (pretty
conservative); Powell (swing voter) and set the conditions for
Stevens (liberal) to be appointed by Ford -- The
Powell-Blackmun-Stevens line was important to some key cases
involving liberal social policy Nixon and the Court -- Nixons 1968
presidential campaign relied upon a southern strategy, which argued
that judges were pushing too hard (too fast) for integration in the
south. He was trying to capture white southern voters. He promised
to fill the next supreme court vacancy from the south. Nixons first
choice was Clement Hainsworth, a federal appellate judge from South
Carolina. Interest groups began to move against him. The Senate
rejected him by a vote of 55-45. Nixon then tried G. Harold
Carswell of Florida. This nomination died even more quickly than
Hainsworth. They found a 1948 speech by Carswell which showed that
he supported segregation. He had said that segregation of the races
is proper, and the only practical and correct way of life in our
state. Nixon was angered at this, and now said he would not
nominate anyone from the south because they would be subjected to
this kind of character assassination. Nixon then nominated Harry
Blackmun, a northern judge from Minnesota.
Slide 12
1/18/2007 (C) Copyright Sean Wilson. 2007.11 1. A foreign
policy president Wilson had thought of himself before the election
as a domestic-policy president, but then became a foreign-policy
president Johnson, too. Nixon thought of himself as a foreign
policy president from the beginning 2. Vietnamization It was
Johnsons war up to 1968 Nixon had promised to get us out of it
Peace with honor Nixon: Foreign Policy
Slide 13
1/18/2007 (C) Copyright Sean Wilson. 2007.12 Nixon: Foreign
Policy Bring the troops home slowly Training Vietnam to fight for
itself In the meantime, he intensified the bombing and side
negotiation Start bombing Cambodia 3. Peace in Vietnam (1973) We
declared that South Vietnam was now properly trained America
therefore declared victory (mission accomplished) and left South
Vietnam promptly loses (North Vietnamese tanks roll into Saigon,
which is now known as Ho Chi Mins city). Christmas bombings -- They
hold these Paris peace talks, but Nixon believes that the
Vietnamese are not living up to their promises. So Nixon launches
the Christmas bombings. B52s launch massive amounts of bombs on the
Hanoi and other cities. He thinks that this would be a prelude to
reaching a settlement for 1973. He also sends troops over to
Cambodia to shut down the entrance rout by which north Vietnamese
troops were coming into south Vietnam. This Cambodia excursion
destabilizes Cambodia and touches off a new wave of opposition and
protest. (The excursion into Cambodia pre- dated the Christmas
bombings). The Christmas bombings were the last effort. After this,
peace is reached in 1973.
Slide 14
1/18/2007 (C) Copyright Sean Wilson. 2007.13 40% of the
American deaths that occur in Vietnam happen under Nixon. Poll
numbers are high 4. China Originally, China was seen as a fierce
adversary (enemy) birds of the same feather flock together 1971,
Nixon shocks the world: He had been a staunch anti-communist who
was denouncing the Chinese for years He and Kissinger secretly
propose talks with China to re- establish relations Peace with
China -- Nixon travels to china for peace talks in the spring of
1971. The two countries successfully re-establish relations. Hence
the phrase is born, Only Nixon could go to China. Nixon: Foreign
Policy
Slide 15
1/18/2007 (C) Copyright Sean Wilson. 2007.14 5. The Russians:
Good strategy: playing the Chinese against the Russians They had
been at each others throats throughout their respective histories.
Once China and USA became strategic partners, the Russians became
upset This made the Soviets want dtente with the U.S. Nixon goes to
the Soviet Union and establishes SALT I treaty and trade agreements
to help the Soviet economy, which cannot seem to produce what it
needs A new world vision for Nixon? Nixon commits himself to a new
world vision that allows room for competing societies. Peaceful
co-existence Nixon: Foreign Policy Time
Slide 16
1/18/2007 (C) Copyright Sean Wilson. 2007.15 Watergate 1. Nixon
was on top of the world -- His poll numbers are high -- moderate
domestic programs, peace and good foreign policy -- and then he
blows it 2. 1972 campaign -- he runs against a very ineffective
political opponent, George McGovern McGovern promised that to get
peace in Vietnam, he would crawl to Hanoi (makes most Americans
angry) He also promises a $1,000 a month grant for all welfare
recipients (it looks like a huge amount that would only encourage
dependency)
Slide 17
1/18/2007 (C) Copyright Sean Wilson. 2007.16 -- Nixon destroys
his opponent (not even close) -- His victory is comparable to what
FDR did to Alf Landon. Bigger than Ikes victory. Exceeds what
Johnson did to Goldwater in 64. -- potential rival candidates were
eliminated beforehand Ted Kennedy (1969 drowning of Mary Jo
Kopechne at Chappaquiddick Island, MA) Hubert Humphrey and Senator
Edmund Muskie 3. CREEP Committee to re-elect the President Is
basically 3 rd rate criminal organization Muskie -- The wild card
in this case was Senator Edmund Muskie, a liberal Democrat from
Maine. He had been governor of Maine in the late 1950s, and had
become a Senator in 1959. He was Hubert Humphrey's VP candidate in
1968, and in 1972 was 58. Beginning in 1971, he emerged as a
leading opponent of Richard Nixon, and was seen by many Americans
as a qualified, quality presidential candidate. Muskie seemed calm
and careful with words, with a liberal vision of Americas CREEP --
True believers. They are convinced they need to practice every
trick in the book to win the election. They want to find out what
democratic plans are. They break into Democratic headquarters at
Watergate hotel in DC. The bandits are caught, brought to police
station. It becomes clear that these are Nixon operatives.
Watergate
Slide 18
1/18/2007 (C) Copyright Sean Wilson. 2007.17 Not limited to
this break-in; it performed multiple break-ins, multiple cover ups,
slush funds, multiple felonies over time It was a continuing
criminal enterprise Watergate burglary was financed with campaign
funds Obstruction of Justice (the crime that applies to cover ups)
4. The story Deep Throat = second in command at the FBI and was
leaking information about what was going on Woodward and Bernstein
and the Washington Post John Mitchell involved? Then they begin to
cover up the cover up. John Mitchell? The Judge on the case of the
Watergate burglars learns that the burglary went as high up as John
Mitchell, the attorney general and highest ranking law enforcement
person in the federal government (sworn to uphold the law).
Watergate
Slide 19
1/18/2007 (C) Copyright Sean Wilson. 2007.18 Sam Irvin =
conservative Senator from North Carolina, begins holding hearings
in the Senate. It becomes evident that there is a cover up in the
White House John Dean The Presidents Council (remember the
Executive Office of the President?) Blind Ambition All the
Presidents Men Saturday Night Massacre Nixon fired attorney general
Archibold Cox because he was pursuing the investigation (Mitchell
had resigned) Alexander Butterfield and the White House taping
system White House tapes -- Alexander Butterfield, a low aid in the
white house, tells the Irvin committee that Nixon had a taping
system. Wasnt the first to do this. Kennedy started recording
telephone calls and conversations, but only for special occasions
or things where the need for institutional memory was very
important. Johnson expands this 1,000s of hours of tapes. Nixon had
set up his own taping system. For Kennedy and Johnson, the taping
system was recording only when you turned the system on. (Dicta
belts?). The Nixon system was perpetually taping around the clock.
Whenever anyone came to the oval office or in the cabinet room to
discuss something, their conversations were automatically recorded
Butterfield told them about the tapes and they wanted to get them.
Subpoena the tapes. Watergate
Slide 20
1/18/2007 (C) Copyright Sean Wilson. 2007.19 Mysterious Gap in
one of the tapes (18 minutes) The tapes showed that Nixon was part
of a cover up He knew about the break in, and was trying to use
money and bribery to shut the burglars up Barry Goldwater convinces
Nixon to resign His poll numbers are in Jimmy Carter land He is
told he will be successfully impeached He resigns the presidency,
the first American president to ever do so Spiro Agnew, the
original VP, had to resign earlier because of a scandal Ford
becomes president and pardons Nixon. Watergate
Slide 21
1/18/2007 (C) Copyright Sean Wilson. 2007.20 What Watergate
Really Was 1. Daniel Ellsburg and the Pentagon Papers -- two things
happen: Ellsberg is prosecuted Nixons insiders form the Plumbers
Unit 2. Plumbers Unit: -- organized a break in of Ellsbergs
psychiatrist office, in order to get dirt on Ellsberg -- membership
included a bunch of presidential aides G. Gordon Liddy Howard Hunt
Ellsberg Daniel Ellsberg was a former defense department official
who had been involved in the development of US strategy for the war
in Vietnam. Ellsberg had decided to make secret reports on this
subject from the Kennedy and Johnson administrations public by
giving them to the New York times. Nixon was scared about what
other documents Ellsberg had. Nixon thought it would hurt national
security and the peace talks in Paris.
Slide 22
1/18/2007 (C) Copyright Sean Wilson. 2007.21 What Watergate
Really Was -- formed in July of 1971 and operated from an office in
the old executive office building. -- participated in the May and
June break ins at the headquarters of the DNC located in the
Watergate office complex 3. Huston Plan -- Nixon group that
wiretapped newsmen and conducted electronic surveillance of newsmen
4. John Lennon case (go rent that) -- concert at the Republican
national convention -- immigration issue -- threats? Question: Why
not just use the FBI for this stuff? They were afraid Hoover would
blackmail them Ellsbergs fate Daniel Ellsbergs trial was dismissed
because the judge learned about the break in at the psychiatrists
place and about illegal phone taps. He learned about it through a
justice department memorandum
Slide 23
1/18/2007 (C) Copyright Sean Wilson. 2007.22 5. Manipulating
democracy (dirty tricks) -- CREEP is involved in trying to fix the
1972 Democratic primary -- Nixon was scared of Humphrey, who gave
him a tough race last time (in 1968) -- He wanted to run against
McGovern, so CREEP tried to fix the result in McGoverns favor Black
Advance plants in various campaigns paid off newspaper journalists
for campaign secrets finding out who was fooling around with
someones girlfriend, etc. What Watergate Really Was
Slide 24
1/18/2007 (C) Copyright Sean Wilson. 2007.23 Sending Pizzas
from the Humphrey campaign Sending oranges to protestors allegedly
from the Muskie campaign (Donald Segretti) Stealing Polling Data --
stole things from Muskie headquarters The Muskie Stuff -- they
mailed things in fraudulent Muskie envelopes to media or whomever,
making it look like the Muskie campaign had sent it Fake Muskie
Campaign Calls New Hampshire polling data-- IN December of 1971,
Muskie polling expert Anna Navaro gathered the raw data from a poll
of New Hampshire voters, preparing for the first of the Nations
primaries. She left her desk just a few moments. When she
reuturned, someone had stolen the polling data. Muskie calls? In
the days before the March 7 New Hampshire primary, blue collar
workers in Manchester, NH, found their phones ringing after
midnight with fake Muskie questions. There were two types of calls:
one where the caller identified himself as a member of the Harlem
for Muskie Committee and promised that Senator Muskie would deliver
full justice for Black people; another where the caller identified
himself as a Muskie pollster, and asked the midnight call recipient
for whom he or she was voting. Then quickly the fake Nixon pollster
would call back 2, 3, 4 times with the same question. What
Watergate Really Was
Slide 25
1/18/2007 (C) Copyright Sean Wilson. 2007.24 The Muskie letter
attacking Humphrey Muskie calls for more busing polling for Muskie
in Florida between 3 and 5 a.m., causing anger in those they
awakened Nixon phone torture pizza billing (anonymous order of 200
pizzas billed to Milwaukee Muskie headquarters) liquor COD inviting
ambassadors from African and middle eastern countries to a fund
raiser with limousine service Muskie attacks Humphrey? February 2,
1972, Nixons team sent out a letter from Citizens for Muskie: We on
the Senator Edmund Muskie staff sincerely hope you have decided
upon Senator Muskie as your choice. However, if you have not made
your decision you should be aware of several facts. The letter went
on to accuse Senators Jackson & Humphrey of a variety of sexual
activities going back to 1929. Muskie and busing: There were a few
billboards appearing in Florida on behalf of Muskie which called
for more busing. They appeared to be sponsored by Mothers for
Muskie Nixon phone torture: Nixon Phone Torture means tricks with
the Muskie phone system. For example, on the afternoon of November
9, Ann Garrabrant who worked on the staff of a Muskie sub-committee
said the phones went weirdo always ringing but when we picked them
up there was nothing there but the sound of a phone ringing on the
other end, just as if you had dialed a call. What Watergate Really
Was
Slide 26
Interesting question Presidents and the Rule of Law Question:
How can the president make himself/herself LEGALLY above the law?
1. president can fire the attorney general (Nixon) 2. president has
the pardon power (president breaks law X, doesnt let the attorney
general prosecute, and gets the VP to pardon him)
Slide 27
-- Largely undefined by the Supreme Court Pardon Power
Presidents and the Rule of Law
Slide 28
1/18/2007 (C) Copyright Sean Wilson. 2007.27 The President
shall have the Power to grant Reprieves and Pardons for Offenses
against the United States, except in Cases of Impeachment Question:
What if it is a state crime? Question: Could Nixon be pardoned by
Ford if he were impeached? Question: Could Nixon have pardoned
himself if he was not impeached? Pardon Power
Slide 29
-- Usually, people receive a pardon for something they have
been convicted of (some people seek a pardon after the Courts have
denied all of their appeals) -- Nixon, however, was pardoned BEFORE
he was ever charged with anything, and was pardoned for EVERYTHING
that he could have done while in office for six years -- blanket
pardon any crime Nixon may have committed during his entire tenure
as chief executive, from January 20, 1969, through August 9, 1974
Nixons Pardon Presidents and the Rule of Law
Slide 30
-- Impeachment is a charge that is brought by the House -- The
trial is conducted by the Senate, with a 2/3rds majority to convict
-- The Constitution allows for the removal of the president, vice
president, and all civil officers of the United States who are
impeached and convicted of: Treason, Bribery or other high Crimes
and Misdemeanors Impeachment Power Presidents and the Rule of Law
Note that this power can be used by the president as well. (See
Jefferson and the impeachment of Federalist judges)
Slide 31
-- Impeachment is a charge that is brought by the House -- The
trial is conducted by the Senate, with a 2/3rds majority to convict
-- The Constitution allows for the removal of the president, vice
president, and all civil officers of the United States who are
impeached and convicted of: Treason, Bribery or other high Crimes
and Misdemeanors Impeachment Power Presidents and the Rule of Law
Note that this power can be used by the president as well. (See
Jefferson and the impeachment of Federalist judges) Question: How
can you investigate the president if he or she is in control of the
attorney general? How would you ever find the dirt needed to
impeach?
Slide 32
Congress creates the office of the special prosecutor one tiny
problem: isnt that an executive function? Morrison v. Olson
Presidents and the Rule of Law Question: What are the facts of this
case Facts: Question: Is Congress allowed to create an attorney
general type of office to investigate the president?
Slide 33
This does NOT violate separation of powers (Scalias dissent
warns that this office will create problems) Morrison v. Olson
Presidents and the Rule of Law Holding
Slide 34
-- Began after Watergate in 1978 -- Republicans claimed that
Lawrence Walshs investigation of Iran Contra was politically
motivated: timing of the indictments leaks in the press --
Democrats claimed that Ken Starrs investigation of Bill Clinton was
politically motivated -- the statute expired in 1999 and was not
renewed. History of the Special Counsel Presidents and the Rule of
Law
Slide 35
-- Current events: firing of the united states attorneys
allegedly for not putting the heat on certain democrats (fast
enough?) during the recent elections History of the Special Counsel
Presidents and the Rule of Law
Slide 36
-- One way to check the president is through hearings (perjury
is a major felony). Can alert the public to dirt and scandal. (much
harder to do unless you have divided government) Congressional
Hearings Presidents and the Rule of Law
Slide 37
United States v. Nixon Presidents and the Rule of Law Facts: --
Nixons burglary crew is being prosecuted -- Prosecutors need
evidence -- They subpoena the White House for tapes and other
documentary or testimonial evidence -- president is claiming
executive privilege
Slide 38
United States v. Nixon Presidents and the Rule of Law Facts: --
Nixons burglary crew is being prosecuted -- Prosecutors need
evidence -- They subpoena the White House for tapes and other
documentary or testimonial evidence -- president is claiming
executive privilege Nixon Aides indicted The grand jury returned
indictments against seven of President Richard Nixon's closest
aides in the Watergate affair. The prosecutor and the defendants
sought audio tapes of conversations recorded by Nixon in the Oval
Office. Nixon asserted that he was immune from the subpoena
claiming "executive privilege," which is the right to withhold
information from other government branches to preserve confidential
communications within the executive branch or to secure the
national interest. Question: What does the Constitution say about
this? Does the President have this power?
Slide 39
United States v. Nixon Presidents and the Rule of Law Facts: --
Explain executive privilege -- secrecy concept inherent in the
functioning of counselors and organizations (doctors, lawyers,
child counselors, juries, etc.) -- Presidents since Washington have
historically claimed this
Slide 40
United States v. Nixon Presidents and the Rule of Law
(a)executive privilege does exist; (b)but not in this case
Holding:
Slide 41
Immunity from Lawsuits Presidents and the Rule of Law Nixon v.
Fitzgerald -- President has immunity from lawsuits for actions
taken within the scope of his job [explain] Clinton v. Jones --
Sexual harassment case for conduct Clinton committed while being
Arkansas governor -- Clinton only wanted a delay. -- He couldnt
even get that; the case had to proceed while he was in the White
House