Check Mike Check Sound Circulate Attendance 1/18/2007(C) Copyright Sean Wilson. 2007.2 Today’s Lecture: Richard Nixon and the American Political Drama

Check Mike Check Sound Circulate Attendance

1/18/2007(C) Copyright Sean Wilson. 2007.2 Todays Lecture: Richard Nixon and the American Political Drama

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

Class Announcements course journal -- Hand them in on Nov 6 th original notes copies of any web activities Questions?

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?

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

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.

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

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

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.

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

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.

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

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

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)

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

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

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

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

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.

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

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

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

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

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)

-- Largely undefined by the Supreme Court Pardon Power Presidents and the Rule of Law

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

-- 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

-- 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)

-- 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?

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?

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

-- 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

-- 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

-- 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

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

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?

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

United States v. Nixon Presidents and the Rule of Law (a)executive privilege does exist; (b)but not in this case Holding:

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

Documents

Check Mike Check Sound Circulate Attendance 1/18/2007(C) Copyright Sean Wilson. 2007.2 Today’s Lecture: Richard Nixon and the American Political Drama