Nixon's Legacy: Laws Broken, Trust Shattered

Richard Nixon was the 37th President of the United States, serving from 1969 to 1974. He resigned in the face of almost certain impeachment and removal from office, becoming the only US president to do so. The Watergate scandal, which began with the break-in at the Democratic National Committee headquarters in 1972, ultimately led to Nixon's resignation. The scandal involved members of a group associated with Nixon's re-election campaign breaking into and planting listening devices in the Democratic National Committee headquarters. Following the arrest of the burglars, the press and the Department of Justice connected the money found on those involved to the Committee for the Re-Election of the President.

Nixon denied any involvement in the break-in, but a tape emerged revealing that he had known about the White House connection to the burglaries shortly after they occurred. The House of Representatives initiated impeachment proceedings against Nixon, and he was charged with obstruction of justice, abuse of power, and contempt of Congress. Facing removal by Congress, Nixon resigned from office.

The Watergate Scandal

The scandal revolved around a break-in at the Democratic National Committee (DNC) headquarters in the Watergate Office Building in Washington, D.C., on June 17, 1972, and Nixon's attempts to hide his administration's involvement. Five burglars were apprehended at the DNC office and were charged with attempted burglary and attempted interception of telephone and other communications. The burglars were found with lock-picks, door jimmies, almost $2,300 in cash, a shortwave receiver, 40 rolls of unexposed film, two 35-millimetre cameras, and three pen-sized tear gas guns.

Following the arrest of the burglars, the press and the Department of Justice connected the money found on those involved to the Committee for the Re-Election of the President (CRP), the fundraising arm of Nixon's campaign. Journalists from The Washington Post, Carl Bernstein and Bob Woodward, pursued leads provided by a source they called "Deep Throat" (later identified as Mark Felt, associate director of the FBI) and uncovered a massive campaign of political spying and sabotage directed by White House officials and illegally funded by donor contributions.

Nixon dismissed the accusations as political smears and went on to win the election in a landslide in November 1972. However, further investigation and revelations from the burglars' trial led the Senate to establish a special Watergate Committee and the House of Representatives to grant its Judiciary Committee expanded authority in February 1973. The burglars received lengthy prison sentences and their testimony, along with that of other witnesses, further implicated the Nixon administration.

In April 1973, Nixon appeared on television to deny wrongdoing and to announce the resignation of his aides. It was also revealed that Nixon had installed a voice-activated taping system in the Oval Office, but his administration refused to grant investigators access to the tapes, leading to a constitutional crisis. The televised Senate Watergate hearings garnered nationwide attention and public interest.

In May 1973, Attorney General Elliot Richardson appointed Archibald Cox as a special prosecutor for Watergate. Cox obtained a subpoena for the tapes, but Nixon resisted and ordered Richardson to fire him, leading to the "Saturday Night Massacre" in October 1973. This incident bolstered the public's belief that Nixon had something to hide, but he continued to defend his innocence.

In April 1974, Cox's replacement Leon Jaworski issued another subpoena for the tapes, but Nixon only released edited transcripts. However, in July 1974, the Supreme Court ordered Nixon to release the tapes, and the House Judiciary Committee recommended his impeachment for obstructing justice, abuse of power, and contempt of Congress. On the verge of being impeached, Nixon resigned the presidency on August 9, 1974, becoming the only U.S. president to do so. In total, 48 people were found guilty of Watergate-related crimes, but Nixon was pardoned by his vice president and successor, Gerald Ford, on September 8, 1974.

The Saturday Night Massacre

On Saturday, October 20, 1973, President Richard Nixon ordered Attorney General Elliot Richardson to fire Cox, who had been demanding the release of secret recordings from the Oval Office, some of which implicated Nixon in the Watergate break-in. Richardson refused and resigned immediately. Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox, but he too refused and resigned. The role of attorney general then fell to Solicitor General Robert Bork, who carried out the dismissal.

The events of the Saturday Night Massacre marked a turning point in the Watergate scandal. The public was already uncertain about Nixon's actions, but his blatant attempt to end the Watergate probe incensed citizens and Congress alike. The impeachment process against Nixon began ten days later, on October 30, 1973, and he eventually resigned on August 9, 1974.

The phrase "Saturday Night Massacre" is believed to have been coined by humorist Art Buchwald, although its exact origin is unknown. It first appeared in writing two days after the events, in a Washington Post article by David S. Broder.

The White House Tapes

Installation of the Recording System

On February 16, 1971, a sound-activated taping system was installed in the Oval Office and the Cabinet Room of the White House. The system was later expanded to include Nixon's private office in the Old Executive Office Building, the Lincoln Sitting Room, and the presidential lodge at Camp David. The recording devices were installed by the United States Secret Service at Nixon's request.

Purpose of the Recordings

Nixon wanted a complete record of his conversations to aid in writing his memoir. He was concerned that his meetings were not always reported accurately and wanted to ensure his private discussions were not misconstrued publicly. He also wanted to ensure accurate translations of his meetings with foreign leaders, with whom he preferred to meet using only an interpreter.

Revelation of the Taping System

The existence of the White House taping system was first confirmed by Senate Committee staff member Donald Sanders on July 13, 1973, in an interview with White House aide Alexander Butterfield. Butterfield then publicly revealed the existence of the tapes during his televised testimony before the U.S. Senate Watergate Committee three days later, on July 16, 1973.

The Saturday Night Massacre

Nixon initially refused to release the tapes, citing executive privilege and national security concerns. He proposed a compromise where Democratic Senator John C. Stennis would review and summarize the tapes, but this was rejected by special prosecutor Archibald Cox. On October 20, 1973, Nixon ordered Attorney General Elliot Richardson to fire Cox, which led to the resignations of Richardson and his deputy, William Ruckelshaus, when they refused. Solicitor General Robert Bork ultimately carried out the order and dismissed Cox.

The Smoking Gun Tape

On August 5, 1974, the White House released a tape from June 23, 1972, which documented the initial stages of the Watergate cover-up. In the recording, Nixon and his chief of staff, H. R. Haldeman, discussed plans to block the FBI's investigation into the source of the funding for the Watergate burglary by having the CIA falsely claim national security involvement. This tape, later known as the ""smoking gun" tape, proved that Nixon had tried to divert the Watergate investigation and led to his resignation on August 9, 1974.

Legacy of the White House Tapes

The revelation of the White House Tapes and their contents played a significant role in Nixon's resignation and the public's perception of his presidency. The tapes also had legal ramifications, with several Nixon administration officials being indicted and convicted of crimes related to the Watergate scandal. The scandal also resulted in changes to campaign financing laws and the Freedom of Information Act, as well as increased public distrust of the media.

The Smoking Gun Tape

The "Smoking Gun Tape" was a recording of a conversation between President Richard Nixon and his Chief of Staff, H.R. Haldeman, in the Oval Office on June 23, 1972, from 10:04 am to 11:39 am. The tape was released by the White House in August 1974, following a Supreme Court order in United States v. Nixon.

In the recording, Nixon and Haldeman discussed the progress of the FBI's investigation into the Watergate break-in, particularly the tracing of the source of money found on the burglars. They proposed a plan to have the CIA ask the FBI to halt their investigation by claiming it was a national security operation. Nixon agreed to the plan, which ultimately led to his resignation.

The FBI Investigation

Haldeman informed Nixon that the FBI investigation was "leading into some productive areas" as they had been able to trace the money found on the burglars. He mentioned that the FBI had traced the money to a name, but they had not yet identified the person. Haldeman also disclosed that there was an informant who provided the FBI with photographs of documents related to the Democratic National Committee.

The Cover-Up Plan

Haldeman suggested that the only way to solve the issue was to have Vernon Walters, the Deputy Director of the CIA, call L. Patrick Gray, the Acting FBI Director, and ask him to "stay the hell out of this." The plan was to make it seem like the FBI was about to uncover sensitive CIA activities when, in reality, they were getting close to incriminating information about Nixon's reelection campaign.

Nixon's Agreement

Nixon quickly agreed to the plan, stating, "All right, fine, I understand it all. We won't second-guess Mitchell and the rest." He also instructed Haldeman to "play it tough" and that they should not lie to the CIA but instead say that "the President believes that it is going to open the whole Bay of Pigs thing up again."

The Impact

The release of the "Smoking Gun Tape" had a significant impact on public opinion and Nixon's political support. Eleven Republicans on the Judiciary Committee who had previously voted against impeachment charges changed their votes, making it clear that Nixon would be impeached and convicted in the Senate. As a result, Nixon announced his resignation on August 8, 1974, becoming the only U.S. president to do so.

The Impeachment Process

In May 1974, the committee commenced formal hearings to determine whether there were sufficient grounds to impeach Nixon of high crimes and misdemeanors under Article II, Section 4 of the United States Constitution. The investigation was undertaken one year after the United States Senate established the Select Committee on Presidential Campaign Activities to investigate the break-in at the Democratic National Committee headquarters during the 1972 presidential election, and the Nixon administration's attempted cover-up of its involvement.

In April 1974, Nixon was subpoenaed by the Judiciary Committee to release transcripts of 42 taped White House conversations relevant to the Watergate cover-up. The committee pressed for the audio tapes themselves and subsequently issued subpoenas for additional tapes, all of which Nixon refused. On July 24, 1974, the United States Supreme Court issued a unanimous decision against Nixon, ordering him to comply.

On May 9, 1974, formal hearings in the impeachment inquiry of Nixon began, culminating on July 27–30, 1974, when members of the Democratic-led Judiciary Committee approved three articles of impeachment:

• Obstruction of justice in attempting to impede the investigation of the Watergate break-in, protect those responsible, and conceal the existence of other illegal activities.
• Abuse of power by using the office of the presidency on multiple occasions, dating back to the first year of his administration, to unlawfully use federal agencies, and to establish a covert White House special investigative unit to violate the constitutional rights of citizens and interfere with lawful investigations.
• Contempt of Congress by refusing to comply with congressional subpoenas.

Two other articles were debated in committee but were rejected.

On August 5, 1974, Nixon released a transcript of one of the additional conversations to the public, known as the "smoking gun" tape, which made clear his complicity in the Watergate cover-up. This destroyed Nixon politically, and he resigned on August 9, 1974, before the full House could vote on the articles of impeachment.

The Significance of the Nixon Impeachment Process

The impeachment investigation and ensuing resignation of President Richard Nixon stand out as a profoundly important experience informing the standard for the impeachment of presidents. Although Nixon was never impeached by the House or subjected to a trial in the Senate, his conduct exemplifies for many authorities, scholars, and the general public the paradigmatic case of impeachable behavior in a president.

The behavior alleged in the approved articles against Nixon is arguably a paradigmatic case of impeachment, constituting actions that are almost certainly impeachable conduct for a president. However, the significance of the House Judiciary Committee's rejection of certain impeachment articles is unclear. In particular, whether conduct considered unrelated to the performance of official duties, such as the rejected article alleging tax evasion, can constitute an impeachable offense for the president is disputed.

The lessons and standards established by the Nixon impeachment investigation and resignation continue to be relevant and influential today.

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