Presidential election draws memories of Watergate, Nixon

Today’s political turbulence is a stark reminder that this nation has successfully endured the shenanigans of those occupying political office and those vying for that privilege. In that regard, Watergate comes to mind because it was 50 years ago, on Aug. 9, 1974, that Richard M. Nixon was forced to resign as our 37th president. Sound familiar?

It is inevitable that the political frenzy surrounding the resignation of President Joe Biden as a candidate for re-election and the tribulations of former President Donald J. Trump, including his two impeachments by the House of Representatives, his subsequent acquittals by the Senate, and his criminal proceedings, is compared to that which existed in 1973 and 1974 with respect to Watergate.

The overall atmosphere of divisiveness is common to both eras, although few know or remember that President Nixon was never charged with a crime, was never impeached by the House of Representatives, and never was convicted by the Senate of an impeachable offense. He, as did President Biden, succumbed to enormous political pressure from both sides of the aisle “for the good of the country.”

What is the most important legacy of the Watergate experience on today’s events that are often declared by both political parties and the mass media to be the most dangerous and important in the history of the United States?  Was it the Supreme Court’s historic limitation of the application of executive privilege, the pressure by members of Congress that forced a president’s resignation, the confirmation that there are indeed terrible consequences for bad acts or that transparency in government is our ally not our enemy?

No, in my opinion, the most significant lesson of Watergate is the recognition that our form of government continues to have the strength and resilience to overcome the transgression of our leaders, political crisses, predictions, and warnings of national doom and government collapse.

Watergate has come to mean much more than a botched burglary by James McCord and four others on the night of June 17, 1972, at the Democratic National Committee offices in the Watergate office complex on the banks of the Potomac River in Washington, D.C. The core issue of Watergate was whether President Nixon committed obstruction of justice by participating in a cover-up (plugging the leak) of wrongful actions committed by individuals (the Plumbers) who were associated with the White House.

I had the privilege of serving as one of the president’s lawyers on the Watergate legal defense team, reporting to Special Watergate Counsel James St. Clair, a tough Boston trial lawyer. The 20-lawyer White House defense team consisted of our group, the White House Office of General Counsel, including Our Watergate defense team included, among others, Loren Smith, later to become the chief counsel of the two Reagan presidential campaigns and the chief judge of the United States Court of Federal Claim. We faced about 200 lawyers employed by the Senate Select Judiciary Committee and the House Judiciary Committee. Our team’s primary White House political contact was General Alexander Haig, the White House chief of staff, later the Allied supreme commander in Europe.

My service at the White House started in early 1974, soon after St. Clair took the reins as the principal Watergate defense counsel. I had responded to a notice that invited DOJ lawyers to apply to the new Watergate defense team; following, I was almost immediately interviewed at the Old Executive Office Building by Geoff Shepard, who has since authored fascinating in-depth books about Watergate. Upon receiving the job offer, I accepted it without calling my wife and resigned from my position as a trial lawyer in the general litigation section in the Civil Division at the Department of Justice.

I was then 30 years old and not that far away from my graduation from the William Mitchell College of Law in Minneapolis coincidentally the alma matter of then Chief Justice Warren Burger — a Nixon appointee.

Our team was close-knit, although as in real life, some were more equal than others — despite the fact that we were all lawyers. Make no mistake about it – Watergate was a political animal or a zoo of political animals. We worked day and night together to do what we thought was legally right, attending meetings of the judiciary committees, writing sections of court briefs, appearing at Grand Jury and court proceedings, and interviewing witnesses. We argued on behalf of the Office of the President for a strong presidential executive privilege. We were under an immense amount of pressure — pressure that remains difficult to describe in words.

I accompanied Jim St. Clair when he argued before the Supreme Court that Leon Jaworski, the special prosecutor, was not entitled to enforce subpoenas that had been issued, in the context of a criminal trial against seven Watergate figures, for 64 specific taped recordings of presidential conversations. We lost resoundingly in the Supreme Court on July 24 on a 9-0 vote, the opinion of which was authored by Chief Justice Burger.

His opinion established that a claim of executive privilege is reviewable by a court and the claim of executive privilege by a president is not absolute. Nonetheless, in retrospect, we had helped to set the table for similar arguments and somewhat similar results a half-century later, in the now controversial Trump v. United States decision of July 1 of this year.

I have often thought about the impact of those times on my family and the country and occasionally relive those exciting, tumultuous times. The daily tension was palpable even without the presence of cell phones, computers, and social media. The daily developments were captured in detail in the pages of The Washington Post and hometown papers across the United States and shared in buses, bowling alleys, and cafes across the United States. There also were lighter days, such as our children Justin and Heather’s (ages 5 and 1) participation in the White House Easter Egg Roll, our excursion on the presidential yacht, the Sequoia, and very late-night dinners and conversations with Loren Smith about chasing UFOs.