September 1st 2024.
As we navigate through the current political landscape, it's hard not to reflect on the events of the past. One particular event that comes to mind is the Watergate scandal. It's hard to believe that it has been 50 years since Richard Nixon resigned as our 37th president on August 9th, 1974. Does that sound familiar to you?
It's no surprise that the current political frenzy surrounding the resignation of President Joe Biden as a candidate for re-election and the ongoing trials of former President Donald J. Trump have drawn comparisons to Watergate. Both eras saw a similar atmosphere of division and chaos. However, what many people may not realize is that Nixon was never actually charged with a crime, impeached by the House of Representatives, or convicted by the Senate. He, like Biden, ultimately stepped down for the sake of the country under immense political pressure from both sides.
But what is the most significant lesson we can take away from the Watergate scandal and apply to our current situation? Some may argue that it was the Supreme Court's ruling on executive privilege, the pressure from Congress leading to a president's resignation, or the consequences for wrongdoing. However, in my opinion, the most crucial lesson is the resiliency of our form of government. Despite the scandals and turmoil, our system has endured and continued to function.
Watergate was much more than just a botched burglary at the Watergate office complex in Washington, D.C. in 1972. It was a test of our government's ability to withstand the actions of its leaders and the predictions of national collapse. I was fortunate enough to serve as one of President Nixon's lawyers on the legal defense team, working closely with Special Watergate Counsel James St. Clair and the rest of the team. We were up against a team of about 200 lawyers from the Senate and House Judiciary Committees, but we remained united in our goal to do what was legally right.
It's hard to put into words the pressure we were under during those times. We worked tirelessly, attending meetings, writing court briefs, and appearing at grand jury proceedings and court hearings. We fought for the president's executive privilege and argued for its strength. And although we ultimately lost in the Supreme Court, the precedent we set would have implications for future cases, including the recent Trump v. United States decision.
Looking back, I often think about the impact of those times on my family and the country as a whole. It's hard to imagine going through that kind of stress without the distractions of cell phones, computers, and social media. The daily developments were meticulously documented in newspapers across the country and shared among people from all walks of life. But amidst the chaos, there were also moments of lightness, like my children participating in the White House Easter Egg Roll or our late-night talks about UFOs with our colleague Loren Smith.
As we continue to navigate through the current political climate, let us remember the lessons of Watergate. Let us have faith in the resilience of our government and trust that it will endure, despite the actions of our leaders. And let us never forget the importance of transparency in government and the power of the people to hold their leaders accountable.
The current state of our political climate serves as a stark reminder of the tumultuous past this nation has endured. From the antics of those in power to those vying for it, we have seen it all. The Watergate scandal of 50 years ago, specifically the resignation of Richard M. Nixon on Aug. 9, 1974, comes to mind. Does this sound familiar to you?
There is no denying the similarities between the political frenzy surrounding the current resignation of President Joe Biden as a candidate for re-election and the tribulations of former President Donald J. Trump. Trump's two impeachments by the House of Representatives, subsequent acquittals by the Senate, and ongoing criminal proceedings have drawn comparisons to the events of 1973 and 1974 during the Watergate scandal.
It is worth noting, however, that despite the atmosphere of divisiveness present in both eras, President Nixon was never charged with a crime, impeached, or convicted by the Senate of any impeachable offense. Similar to President Biden's resignation, Nixon succumbed to immense political pressure from both sides of the aisle for the sake of the country.
But what is the most significant legacy of the Watergate scandal in today's political landscape, where both parties and the media often declare current events as the most dangerous and important in the history of the United States? Was it the Supreme Court's ruling on executive privilege, the pressure from Congress that led to a president's resignation, the confirmation that there are consequences for wrongdoings, or the realization that transparency in government is a crucial ally?
In my opinion, the most crucial lesson from Watergate is the resilience of our form of government. Despite the transgressions of our leaders, the political crises, the predictions of national doom, and the warnings of government collapse, our system has endured. Watergate has come to symbolize much more than a botched burglary. It brought to light the issue of obstruction of justice, specifically whether President Nixon was involved in a cover-up of the wrongdoings of those associated with the White House.
I had the honor of serving as one of the president's lawyers on the Watergate legal defense team, reporting to Special Watergate Counsel James St. Clair, a formidable trial lawyer from Boston. Our team consisted of 20 lawyers from the White House Office of General Counsel, including Loren Smith, who later became the chief counsel for the Reagan presidential campaigns and the chief judge of the United States Court of Federal Claims. We were up against about 200 lawyers from the Senate Select Judiciary Committee and the House Judiciary Committee. Our primary contact at the White House was General Alexander Haig, the chief of staff and later the Allied supreme commander in Europe.
My journey with the White House began in early 1974, when St. Clair took over as the principal Watergate defense counsel. I responded to a notice inviting DOJ lawyers to apply to the new Watergate defense team and was interviewed by Geoff Shepard, who has since written in-depth books on the scandal. I immediately accepted the job offer without consulting my wife and resigned from my position as a trial lawyer at the Department of Justice.
At the time, I was a 30-year-old, not too far from my graduation from William Mitchell College of Law in Minneapolis, which was coincidentally the alma mater of then Chief Justice Warren Burger, a Nixon appointee. Our team was a tight-knit group, although as in any workplace, some were more equal than others. Despite all of us being lawyers, there was no denying that Watergate was a political zoo. We worked tirelessly, attending meetings, writing court briefs, appearing at Grand Jury and court proceedings, and interviewing witnesses. We argued for a strong presidential executive privilege and were constantly under immense pressure, which is hard to put into words.
I was there when Jim St. Clair argued before the Supreme Court that Leon Jaworski, the special prosecutor, did not have the authority to enforce subpoenas for 64 specific taped recordings of presidential conversations in the context of a criminal trial against seven Watergate figures. Unfortunately, we lost 9-0 on July 24, with Chief Justice Burger authoring the majority opinion. The ruling established that a claim of executive privilege is reviewable by a court and that a president's claim of executive privilege is not absolute. Looking back, our arguments helped set the stage for similar discussions and outcomes in the recent Trump v. United States decision.
The impact of those times on my family and the country is something I often reflect on, and I occasionally find myself reliving those exciting and tumultuous moments. The tension was palpable, even without the presence of cell phones, computers, and social media. Daily developments were meticulously documented in newspapers across the country and shared in everyday places like buses, bowling alleys, and cafes. We also had some lighter moments, like my children participating in the White House Easter Egg Roll and our family trip on the presidential yacht, the Sequoia. I also fondly remember late-night dinners and conversations with Loren Smith about UFOs.
As we witness the political turmoil of today, it's essential to remember the lessons of Watergate and the resilience of our government. While we may face challenges and controversies, we have the strength to overcome them and continue moving forward as a nation.
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