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Impeachment process against Richard Nixon

The impeachment process against Richard Nixon was initiated by the United States House of Representatives on October 30, 1973, during the course of the Watergate scandal, when multiple resolutions calling for the impeachment of President Richard Nixon were introduced immediately following the series of high-level resignations and firings widely called the "Saturday Night Massacre". The House Committee on the Judiciary soon began an official investigation of the president's role in Watergate, and, in May 1974, commenced formal hearings on whether sufficient grounds existed to impeach Nixon of high crimes and misdemeanors under Article II, Section 4, of the United States Constitution. This 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 at the Watergate office complex during the 1972 presidential election, and the Republican Nixon administration's attempted cover-up of its involvement; during those hearings the scope of the scandal became apparent and the existence of the Nixon White House tapes was revealed.

Impeachment process against Richard Nixon
First day of the House Judiciary Committee's formal impeachment hearings against President Nixon, May 9, 1974
AccusedRichard Nixon, President of the United States
ProponentsUnited States House Committee on the Judiciary
DateOctober 30, 1973 (1973-10-30) to August 20, 1974 (1974-08-20)
(9 months and 3 weeks)
OutcomeResolution containing three articles of impeachment adopted July 30, 1974; the impeachment proceedings ended on August 20, 1974, without an impeachment vote, after President Nixon resigned from office.[1][2]
ChargesAdopted: obstruction of justice, abuse of power, contempt of Congress
Rejected: usurping congressional war powers, tax fraud

Following an April 1974 subpoena from the Judiciary Committee, edited transcripts of 42 taped White House conversations relevant to the Watergate cover-up were finally made public by Nixon. However, the committee pressed for the audio tapes themselves, and subsequently issued subpoenas for additional tapes, all of which Nixon had refused. That same month, Nixon also refused to comply with a subpoena from special prosecutor Leon Jaworski for 64 Watergate-related tapes. Ultimately, on July 24, 1974, the United States Supreme Court issued a unanimous decision against Nixon, which ordered 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 eventually approved three articles of impeachment. These articles charged Nixon with: (1) 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; (2) abuse of power by using the office of the presidency on multiple occasions, dating back to the first year of his administration (1969), to unlawfully use federal agencies, such as the Internal Revenue Service and the Federal Bureau of Investigation, as well as establishing a covert White House special investigative unit, to violate the constitutional rights of citizens and interfere with lawful investigations; and (3) contempt of Congress by refusing to comply with congressional subpoenas.[3] These articles were reported to the House of Representatives for final action, with 7 of the committee's 17 Republicans joining all 21 of its Democrats in voting in favor of one or more of the articles. Two other articles were debated in committee but were rejected. Based on the strength of the evidence presented and the bipartisan support for the articles in committee, House leaders of both political parties concluded that Nixon's impeachment by the full House was a certainty if it reached the House floor for a final vote, and that his conviction in a Senate trial was a distinct possibility.

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 disclosure destroyed Nixon politically. His most loyal defenders in Congress announced they would vote to impeach and convict Nixon for obstructing justice. Republican congressional leaders met with Nixon and told him that his impeachment and removal were all but certain. Thereupon, Nixon gave up the struggle to remain in office, and resigned on August 9, 1974. Vice President Gerald Ford succeeded to the presidency in accordance with Section I of the 25th Amendment. Although arrangements for a final House vote on the articles of impeachment and for a Senate trial were being made at the time, further formal action was rendered unnecessary by his resignation, so the House brought the impeachment process against him to an official close two weeks later.

Nixon was the first U.S. president to be the subject of an official impeachment inquiry in the House of Representatives since Andrew Johnson in 1868.[a][4] Two of Nixon's successors have undergone similar proceedings,[b] and both, like Johnson, were impeached but then acquitted at the consequent Senate trial. Thus, while Nixon himself was not impeached, the impeachment process against him is so far the only one that has brought about a president's departure from office.[5][6]

Background edit

The Watergate scandal began with the June 17, 1972, break-in at the Democratic National Committee headquarters at the Watergate Office Building in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement.[7] In January 1973, the same month in which Richard Nixon began his second term, the burglars each went on trial separately before U.S. District Judge John Sirica; all pleaded or were found guilty.[8] That February, the United States Senate voted to create a special investigative committee to look into the scandal. The resultant Senate Watergate hearings, led by Sam Ervin, commenced in May 1973.[9][10] Broadcast "gavel-to-gavel" nationwide by PBS and (alternately) by the three U.S. commercial networksABC, CBS and NBC, the hearings aroused and held great public interest through that summer.[11][12] Senators heard testimony that the president had approved plans to cover up administration involvement with the Watergate break-in, and learned of the existence of a voice-activated taping system in the Oval Office.[7][13]

Separately, on May 25, 1973, Attorney General Elliot Richardson appointed Archibald Cox as special prosecutor for the federal investigation into possible Nixon administration ties to the Watergate burglary.[14][15] When the existence of tape recorded White House conversations became known in July of that year, both Cox and the Senate Watergate Committee asked Judge Sirica to issue a subpoena for several "relevant and important" recordings and documents.[8] The president, who denied prior knowledge of the Watergate burglary or participating in its cover-up, which he claimed to have been unaware of until earlier in 1973, refused to comply with the subpoenas, citing executive privilege and national security concerns.[16][17] During an address to the nation on Watergate the following month, Nixon justified his refusal:[8]

This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle, which is so vital to the conduct of this great office.[8]

Nixon's adamant refusal to comply with the subpoenas for the tapes sparked a constitutional crisis between the White House and Congress and the special prosecutor.[7] On August 9, the Senate committee filed suit in federal district court to force President Nixon to make the subpoenaed tapes available.[18] Hoping to avoid making a ruling, the Court asked the parties to negotiate an out of court solution; their effort to find an acceptable compromise failed however, largely due to Nixon's intransigence.[19] Nevertheless, Nixon soon began contemplating ways to accommodate Cox, the Senate Watergate committee, and Sirica after two polls showed that public opinion was solidly against him: 61 percent of those responding to a Gallup Poll said the president should release the subpoenaed tapes to the court; 54 percent of those responding to a Harris Poll said Congress would be justified in beginning impeachment proceedings against the president if he refused to obey a court order directing him to turn over the tapes.[20]

In a 5–2 ruling on October 12, the appellate court upheld Sirica's subpoena.[19] Weakened by the decision, the president, together with Chief of Staff Alexander Haig and Press Secretary Ron Ziegler, moved forward with a proposed compromise: the White House would prepare transcripts of the tapes, Senator John C. Stennis, a Democrat, and chairman of the Senate Armed Services Committee, would be asked to listen to the tapes himself and make a comparison between the transcripts and the tapes. His authenticated version would be submitted to the court. The White House also wanted to empower Stennis to paraphrase language that in its original form would, in his judgment, be embarrassing to the President, and wanted an assurance from Cox that no other tapes would be subpoenaed by his office. The administration's explanation was that Stennis would be sensitive to matters of national security contained within. However, as Stennis was hard-of-hearing and on heavy doses of medication since being mugged and shot earlier in the year, it is believed that the president did not want the tapes entered into the public record verbatim, because they contained recordings of him and others using coarse language and racial slurs, and making possibly incriminating statements. When the plan was presented to him, Cox categorically rejected it.[21][22][23]

Afterward, on October 20, after being directed by the White House to make no further attempts to obtain tapes, notes or memoranda of presidential conversations, Cox held a news conference to state that he would continue pressing in court for the tapes, even if it meant asking that Nixon be held in contempt if the White House refused to turn them over.[24] Nixon thereupon ordered that Cox be fired, precipitating the immediate departures of Attorney General Richardson and Deputy Attorney General William Ruckelshaus in what became known as the "Saturday Night Massacre."[25][26]

Early calls for impeachment edit

During the opening months of the 93rd Congress, multiple resolutions calling for a presidential impeachment inquiry were introduced in the House and referred to its Judiciary Committee. The committee began an examination of the charges under its general investigative authority. In February 1973, the House approved a resolution providing additional investigative authority that did not specifically mention impeachment.[27]

The first resolution to directly call for President Nixon's impeachment was introduced on July 31, 1973, by Robert Drinan.[c] His resolution, which did not contain specific charges, was made in response to Nixon's clandestine authorization of the bombing of Cambodia, as well as his actions relative to the growing Watergate scandal.[28] The resolution was effectively ignored by leaders of both parties.[29] House Majority Leader Tip O'Neill later said,[30]

Morally, Drinan had a good case. But politically, he damn near blew it. For if Drinan's resolution had come up for a vote at the time he filed it, it would have been overwhelmingly defeated—by something like 400 to 20. After that, with most of the members already on record as having voted once against impeachment, it would have been extremely difficult to get them to change their minds later on.[30]

By September 1973, there was a sense that Nixon had regained some political strength, the American public had become burned out by the Watergate hearings, and Congress was not willing to undertake impeachment absent some major revelation from the White House tapes or some egregious new presidential action against the investigation.[31] There was, nonetheless, a public appetite for information about impeachment, piqued by the legal maneuvering over the tapes.[18] Accordingly, the Judiciary Committee prepared a 718-page book on the topic. Published in October 1973, it traces the origin of the impeachment power, cites all the instances in which that power had previously been used by Congress and gives a detailed description of Andrew Johnson's 1868 Senate impeachment trial.[32]

Preparation for impeachment inquiry edit

Push for investigation edit

 
Demonstrators in Washington, D.C., demanding that Congress impeach President Nixon, following the "Saturday Night Massacre"

The October 20 "Saturday Night Massacre" rapidly became a public relations disaster for Nixon. Shortly after the White House announced the firing and the resignations, NBC News anchor John Chancellor interrupted the network's prime time programming with a dire message: "The country tonight is in the midst of what may be the most serious constitutional crisis in its history."[33] The next day, The New York Times declared: "The nation is in the hands of a president overcome with dictatorial misconceptions of his constitutional authority."[33] The White House and congressional offices were deluged with a record shattering 450,000 telegrams, most demanding Nixon's impeachment; hundreds of demonstrators gathered outside the White House, loudly demanding the same.[34]

Nixon's firing of Archibald Cox triggered an uproar in Congress as well. Beginning on October 23, outraged House Democrats introduced 22 separate impeachment-related resolutions,[35] variously calling for impeachment or an impeachment investigation or, at least, a new special prosecutor.[2] Additionally, Nixon was the subject of several resolutions that either sought to censure him or that called for him to resign.[36] Speaker of the House Carl Albert referred the various resolutions to the Judiciary Committee.[37][38]

Further, Nixon's actions were widely criticized by Republican congressional leaders, who demanded "full and complete disclosure" to investigators of all subpoenaed Watergate materials as well as the appointment of a new special prosecutor.[39] That same day, Nixon agreed to turn the subpoenaed tapes over to Judge Sirica.[d][41] The president also reversed course on his decision to abolish the office of the special prosecutor, which he had done when he fired Cox. One week later, Leon Jaworski was appointed to the post by the acting attorney general, Robert Bork.[42][43]

Speaker Albert, who at the time was first in the presidential line of succession, following the resignation of Vice President Spiro Agnew on October 10, cautioned the committee against taking impulsive or ill-considered action on impeachment; he also called on Congress to take swift action on the nomination of Gerald Ford to fill the vice presidential vacancy.[e][44][45] During the vacancy, Albert came under increasing pressure from various liberal House Democrats, such as Bella Abzug, to do the opposite. By using his political power to delay Ford's confirmation as vice president and expedite Nixon's impeachment and removal from office, Albert would become acting president and the Democratic Party would assume control of the executive branch without having to win an election. He rejected that course of action, however, though he did develop a 19-page contingency plan for a presidential transition, just in case.[29][44][46] Likewise, Rodino refused to be pressured, telling the committee that the Ford nomination would not be held "hostage" until the impeachment inquiry was completed.[47]

Start of Judiciary Committee investigation edit

The Judiciary Committee voted on October 30, to begin consideration of possible impeachment of President Nixon by a 21–17 party-line vote, with all the committee's Democrats voting yes and all Republicans voting no,[47] and took up the matter in earnest that December, upon completing the Ford confirmation hearings.[38] The committee was led by Peter W. Rodino, who, until assuming its chairmanship in January 1973, had kept a low profile in Congress. Now front and center in the political limelight, he told a reporter: "If fate had been looking for one of the powerhouses of Congress, it wouldn't have picked me."[48] Those wishing to expedite the impeachment were critical of the slowness of running the process through the Judiciary Committee and of Rodino's leadership abilities.[38] But Albert, who thought Rodino and his committee had done a fair and thorough job during the Ford hearings, was content to let the committee handle the process.[49]

 
Secretary of State Kissinger, President Nixon, vice-presidential nominee Ford, and White House Chief of Staff Haig in the Oval Office, October 1973

On November 4, 1973, Senator Edward Brooke became the first congressional Republican to publicly urge President Nixon to resign. That same week, several newspapers, including The Atlanta Journal, The Denver Post, The Detroit News, and The New York Times, published editorials also urging him to resign. Time magazine, in its first editorial in 50 years of publication, did so as well, declaring that the president "has irredeemably lost his moral authority" to govern effectively, and that Nixon "and the nation have passed a tragic point of no return."[50] Later in November, the ACLU, which two months earlier had become the first national organization to publicly call for the president's impeachment and removal,[51] released a 56‐page handbook detailing "17 things citizens could do to bring about the impeachment of President Nixon."[52]

With momentum on impeachment quickly building in Congress, Nixon held a live one-hour televised press conference on November 17 to defend himself. In addition to Watergate-related matters, the president addressed a variety of topics, including the nation's energy crisis and his personal finances.[53][54] In response to a question concerning allegations of fraud on his tax returns, he stated categorically: "People have got to know whether or not their president is a crook. Well, I am not a crook."[55][56]

Over the next two months, as the impeachment investigations began, there was speculation in Washington that Nixon might resign. Despite several attempts to do so, Nixon had not been able to put Watergate behind him, and the momentum of events was against him.[57] In the climate of anxiety and skepticism engendered by the Watergate scandal, the president's health and morale, as well as the motives behind his words and actions became the subject of much speculation. Rumors persisted that he was in poor mental and physical shape, and the White House became ultra-sensitive to any assessment of the president's public behavior that might cast doubt on his ability to govern.[58]

Assembling of investigation staff edit

Meanwhile, to ensure a "fair and principled inquiry" by keeping the impeachment process out of the hands of overzealous liberals,[f] Rodino, with the support of the committee's ranking minority member Edward Hutchinson, decided to hire an independent lead special counsel for the inquiry whom the committee would oversee.[60] John Doar, formerly a civil rights attorney in the Kennedy and Johnson administrations, was hired for the position in December 1973.[61] A registered Republican, he shared with Rodino a view that the Senate hearings had gone overboard with leaked revelations and witnesses compelled to testify under immunity grants; they were determined to do things in a more thorough and objective process.[49] He also shared Rodino's view that the process would be as even-handed as possible, and was given the freedom to hire his own inquiry staff, separate from that handling regular Committee business.[g][63]

 
Judiciary Committee Chairman Rodino (center-left) and Special Counsel Doar speaking with reporters, January 24, 1974

While assembling his team, Doar began meticulously reviewing the Watergate grand jury testimony, Senate Watergate committee files and the earlier-released taped White House conversations.[64] He supervised a staff which in due course grew to 100 people, including some 43 attorneys, of whom four were black and two were women.[65] Nearly early all were recent (1968 or after) law school graduates. Among them was Bill Weld, who would go on to become the governor of Massachusetts. He worked on researching case law regarding what constituted grounds for presidential impeachment, and whether impoundment of appropriated funds was an impeachable offense.[66] Another staff member was Hillary Rodham, not yet married to Bill Clinton, who would go on to become first lady of the United States, U.S. Senator, and U.S. Secretary of State. She helped research procedures of impeachment, and like Weld, the historical grounds and standards for impeachment. She also worked on a task force[67] led by Evan A. Davis, that gathered and organized the facts pertaining to the Watergate break-in and cover-up by: reading through earlier Senate Watergate Committee testimony; examining the various documents and tape recordings released by Nixon in April 1974; and interviewing witnesses.[68]

Albert E. Jenner Jr., who had previously served as assistant counsel to the Warren Commission investigating the assassination of President Kennedy, was named in January 1974 as senior counsel on the inquiry staff for the Republican minority on the Judiciary Committee,[65] and Sam Garrison, who previously had been staff counsel and legislative liaison to Vice President Agnew, was named deputy counsel.[69] Additionally, Nixon shuffled his legal team, and in January 1974, James D. St. Clair, a Boston lawyer, supplanted Charles Wright as the president's lead attorney. At its height his legal team employed 15 lawyers.[70] St. Clair's defense was centered around the notion that while Nixon had made a number of statements that looked bad, he had committed no crimes. He also stated on numerous occasions during the proceedings, in explanation of his role: "I don't represent Mr. Nixon personally. I represent him in his capacity as president."[71]

As the Judiciary Committee prepared to begin a formal impeachment inquiry, the president tried once more to contain the situation. At the conclusion of his 1974 State of the Union Address on January 30, Nixon asked for an expeditious resolution to any impeachment proceedings against him, so the government could function fully effectively again.[72] He told Congress directly that "one year of Watergate is enough"[17] and asserted that he had no "intention whatever" of resigning.[59]

Inquiry staff investigation edit

On February 6, 1974, the House Judiciary Committee was authorized to launch a formal impeachment inquiry against the president. The House approved the resolution 410–4.[9][73] Voting against authorizing the inquiry were Republicans Benjamin B. Blackburn, Earl Landgrebe, Carlos Moorhead and Dave Treen.[74] The vote, which was not a test of impeachment sentiment, validated the investigation begun by the committee the previous October. During the debate over this measure, Chairman Rodino said: "Whatever the result, whatever we learn or conclude, let us now proceed with such care and decency and thoroughness and honor that the vast majority of the American people, and their children after them, will say: "This was the right course. There was no other way."" House Minority Leader John Jacob Rhodes said Rodino's vow to conduct the inquiry fairly and within a short amount of time was "good with me."[75]

The first task Doar assigned to the attorneys on the inquiry staff was to examine the constitutional and legal questions related to impeachment and to ascertain what constituted "high crimes and misdemeanors" – one of the grounds stated in Article II, Section 4 of the Constitution for impeachment of a federal official.[60] This was a necessary first step as it had been over a century since the only prior American presidential impeachment, that of Andrew Johnson in 1868, and Judiciary Committee members desired guidance on the history, standards, and process of impeachment.[76] Moreover, it had been nearly 40 years since the committee had even initiated an impeachment inquiry, not since 1936 against U.S. District Judge Halsted Ritter.[73][77] Impeachment staff Senior Associate Special Counsel Joseph A. Woods Jr. supervised the staff's constitutional and legal research.[60][65]

As a result of an in-depth study of how the constitutional language about impeachment came to be adopted during the 1787 Constitutional Convention and of the long history of British impeachment cases, the staff produced a guide for the Judiciary Committee, a 64-page report, entitled "Constitutional Grounds for Presidential Impeachment."[60] A key determination made in the report was that there did not need to be a criminal act on the part of the president to justify impeachment.[73][78] It stated: "The Framers did not write a fixed standard. Instead they adopted from English history a standard sufficiently general and flexible to meet future circumstances and events, the nature and character of which they could not foresee."[76] It further concluded that impeachable offenses could fall into three categories: "exceeding the powers of the office in derogation of those of another branch of government," "behaving in a manner grossly incompatible with the proper functions and purpose of the office," and "employing the power of the office for an improper purpose or personal gain."[79]

The document became a focal point of the Judiciary Committee's impeachment inquiry.[h][76] The White House was quick to reject the report's central conclusion, asserting that only criminal offenses of "a very serious nature" are grounds for impeaching the president.[80] When the committee's anti-impeachment Republicans ordered a separate report prepared, one more in line with the White House view, Albert Jenner, who disagreed with that position, delayed completing the request. The assignment was carried out by Sam Garrison.[65] Following this event there would be ongoing tension between the two men, which would color their respective relationships with members of the committee.[69]

Overseeing the factual investigations were senior associate special counsels Richard Cates and Bernard Nussbaum. Under their guidance, inquiry staff members, working in teams, endeavored to collect and assemble factual information and evidence relevant to the various allegations made against Nixon.[62] Major investigations were conducted into: his complicity in covering up the Watergate burglary; his creation of the covert White House special investigative unit and that unit's subsequent illegal activities; and his personal finances since entering office, to determine whether he had committed tax fraud. Among the dozens of other matters considered by the investigators were allegations that International Telephone and Telegraph and American Milk Producers benefited politically from contributions to Nixon's 1968 presidential campaign, and charges that the Nixon administration had interfered with the investigation by the Securities and Exchange Commission of Robert Vesco, who had donated $200,000 in 1972 to the Committee to Re-Elect the President.[81] The case was put together on more than 500,000 five-by-seven-inch note cards that were cross-indexed against each other.[78] Mastering this filing system became a requirement of anyone working on the inquiry.[49]

A constant worry among impeachment inquiry staff leaders was that developments from their research, discussions and preliminary conclusions would leak to the press. To minimize leaks, Doar established strict rules of conduct that included this directive: "The staff of the impeachment inquiry shall not discuss with anyone outside the staff either the substance or procedure of their work or that of the committee."[65] Security guards patrolled the halls of the House Annex-1 building in which a myriad of lawyers, investigators, clerks, and stenographers worked in rooms with closed blinds.[49] Doar in particular had the attorneys on the inquiry working on isolated areas so that only a few of the senior counsels knew the big picture.[77] In a March 9, 1974, story Bill Kovach wrote in The New York Times that staff members worked "under security conditions that suggest a classified defense project."[65] Opinions differ, however, as to how successful these efforts were at preventing leaks.[78][82] Later, in 2005, Doar said of Rodino:[82]

He was able to impose discipline on the staff. He insisted that there be no leaks to the press. There were no leaks to the press. He insisted that it be bipartisan, it not be partisan. There was no partisanship on the staff. In fact, it was remarkably non-partisan. And that is the result of good leadership. And although Congressman Rodino was a quiet man, he had the knack of leading, of managing, and he did it very well, in my opinion.[82]

On March 1, 1974, the federal district court grand jury that had been impaneled in July 1972 to investigate the Watergate break-in handed up indictments against seven Nixon advisers and aides, including H. R. Haldeman, John Ehrlichman, and John N. Mitchell.[83][84] As Watergate Special Prosecutor Leon Jaworski advised the grand jury that in his opinion the Constitution prohibited the indictment of an incumbent president, thus making the House Judiciary Committee the constitutionally appropriate body under the Constitution for examining evidence relating to the president's role in the Watergate conspiracy, jurors recommended that the material supporting the criminal case against him be turned over to the committee.[9][85] The grand jury, it was disclosed later, had named Nixon as an unindicted co-conspirator in a sealed addendum to the other indictments.[86][87]

The documentation consisted of a 55-page index that enumerated testimony, tapes, and other items of evidence, but omitted legal analysis and offered no conclusions regarding whether there were impeachable actions in Nixon's behaviors. The grand jury action, an unprecedented move that enabled Jaworski to get around the legal restrictions preventing him from handing the evidence directly to Congress, was challenged in federal court, but permitted to proceed under seal.[i][89][90] Known collectively as the "Road Map," the evidence furnished the Judiciary Committee with "the sum total of the evidence that we had assembled up to that point," Jaworski later said.[91]

Buffeted by allegations that, since taking office, Nixon had greatly underpaid what he owed the IRS in taxes, the president had agreed in December 1973 to publicly release his returns covering the years 1969 through 1972. He also asked Congress' Joint Committee on Taxation to examine his personal finances. The committee's report, issued April 3, 1974, found several problems with Nixon's returns, and said he owed $476,431 including interest for unpaid taxes over four years.[73][92] Doar was quick to state that an examination of whether fraud was involved in the preparation of the tax returns and the claiming of certain large deductions was clearly within the scope of the impeachment inquiry.[93]

From the beginning, Rodino and Doar understood that their ability to build a case against Nixon was dependent upon the president's willingness to comply with their requests for material. Though the documentation received from the grand jury contained actionable information, they both concluded more information was needed. Their case was still circumstantial, consisting mostly of broad practices of abuse on the part of the administration, and lacked direct evidence proving that the president had knowledge of or was a participant in the Watergate conspiracy; for this, they needed the tapes, and to receive them they would need Nixon's cooperation.[94]

 
President Nixon just prior to announcing his intention to release edited transcripts of the subpoenaed White House tapes, April 29, 1974

On April 11, 1974, by a 33–3 vote, the Judiciary Committee subpoenaed 42 White House tapes of pertinent conversations. A week later, Jaworski obtained a subpoena from Judge Sirica ordering Nixon to release 64 additional recordings in connection with his case.[95][96] Nixon initially wanted to refuse both requests completely, but James St. Clair, along with Dean Burch, the counselor to the president, and others, advised him that such a stance would be untenable politically. Consequently, Nixon agreed that transcripts of the tapes requested by the Judiciary Committee, with certain passages edited or removed, would be released, but that Jaworski's request for tapes and other documents would be denied. Jaworski could be stonewalled for months, the president reasoned, whereas the committee could not. Nixon announced this decision to a national television audience on April 29.[97][98] Upon inspecting the transcripts, Nixon, shocked by several profanity-laced discussions among his inner circle, ordered that every use of profanity be replaced by "EXPLETIVE DELETED."[99]

The next day, April 30, some 1,250 pages of transcripts,[100] edited by the president and his aides to remove portions deemed "not relevant" to the Watergate investigation, were made public. Of the transcripts released, Nixon said: "They include all the relevant portions of all of the subpoenaed conversations that were recorded—that is, all portions that relate to the question of what I knew about Watergate or the cover-up and what I did about it."[101] He further claimed that, notwithstanding some ambiguous passages, the transcripts as a whole would "tell it all" and vindicate his narrative of his actions.[102] One week later, St. Clair announced that Nixon would not be providing any more tapes to either the Judiciary Committee or the special prosecutor.[103]

The released transcripts quickly dominated the news and even the popular culture landscape. A few newspapers printed the transcripts in full, and two quickly produced paperback books containing them, resulting in sales of more than a million copies.[104] Also, the phrase "expletive deleted" became a widely used catchphrase.[105] More broadly, their release marked a turning point in support for the president, with the crudity of what was revealed, and of what was masked by the repeated phrase expletive deleted, beginning an erosion of support among Republicans.[106][107]

There were six special House elections in 1974 to fill vacant seats. Held between February and June, they provided the first broad test of public sentiment regarding the scandal-plagued Nixon administration. Democrats won five of the elections, each in a district previously represented by a Republican.[108] One Democratic gain was Michigan's 5th district, which Gerald Ford had long held before becoming vice president.[39] Another was Michigan's 8th district, which had not elected a Democrat to Congress in more than 40 years.[109] The message for the president and the Republican Party in general was ominous, and according to The Almanac of American Politics, this streak of Democratic victories "helped convince Republicans that Nixon needed to resign."[110]

Judiciary Committee hearings edit

The House Judiciary Committee on May 9, 1974, began formal hearings on the impeachment of President Nixon.[9] The initial 20 minutes of that day's proceedings were broadcast on the major U.S. television networks, after which the committee met for 10 weeks in closed sessions to receive evidence, including the confidential report from the Watergate grand jury, and to hear witnesses out of the public eye.[64][111] During an interview several days later with columnist James J. Kilpatrick, President Nixon stated unequivocally that he would not resign. Doing so, he said, "knowing that I am not guilty of any offense under the Constitution that is called an impeachable offense," would set a bad precedent for future presidents.[112]

Receiving evidence edit

 
Peter Rodino, chairman of the House Judiciary Committee

During the first phase of the hearings, May 9 – June 21, the committee's impeachment inquiry staff reported their accumulated evidence on the various charges against the president.[113] First, detailed evidence was presented showing how President Nixon had obstructed justice and abused presidential power during the investigation of the Watergate break-in.[114] The staff then turned the committee's attention to evidence that the money given to the Nixon presidential campaign by International Telephone and Telegraph and American Milk Producers contravened campaign finance laws.[114][115] Afterwards, the committee heard evidence concerning various other acts of alleged wrongdoing on Nixon's part, including, the unconstitutional impoundment of federal funds appropriated for domestic programs (about $18 billion in fiscal year 1973),[66][116] violations of the Constitution's Domestic Emoluments Clause (Article II, Clause 7) and tax fraud.[117]

In considering whether any one of the various allegations made against the president constituted an impeachable offense, the committee focused foremost on Article II, Section 4 of the Constitution, which specifies the grounds on which a president can be impeached: "treason, bribery, and other high Crimes and Misdemeanors." During the course of the hearings there was fervent debate about the nature of an impeachable offense under Article II, whether only criminally indictable offenses qualified as "high crimes and misdemeanors" or whether the definition was broader.[118][119] Republicans on the committee maintained that a president could "be impeached only for committing a serious felony," while Democrats asserted that a president could "be impeached for severe violations of public trust that are not inherently criminal."[120]

As the committee began examining the accumulated evidence it concluded that Nixon's edited transcripts did not comply with the terms of the earlier April subpoena.[96][121] Two subpoenas were then issued on May 15 for the tape recordings of 11 conversations believed to concern the Watergate case, and diaries of Nixon's White House meetings during an eight‐month period in 1972 and 1973.[122] Nixon, filled with indignation by "the continued succession of demands for additional presidential conversations," refused to comply,[121] stating in a letter to Chairman Rodino that "he had already submitted all material pertinent to his role in the Watergate case." Nixon further declared that he would likewise reject any future subpoenas.[122] This refusal later became the basis for the committee's third article of impeachment.[121]

On May 30 the committee responded in a stern letter, again informing the president that it was not within his power to decide what evidence should be presented. Issued by a vote of 28–10, the letter also warned the president that his continued refusal might lead committee members to draw "adverse inferences" concerning the substance of the materials (that is, whether they contained incriminating evidence), and that the noncompliance itself might constitute grounds for impeachment. Eight Republicans joined the committee Democrats in approving the letter. The committee then approved a third subpoena for Watergate-related material, asking the White House for tapes of 45 conversations and for material from certain White House files related to the break-in and cover-up; only Republican Edward Hutchinson voted against issuing the subpoena.[123] At the close of the first phase of the hearings, the committee, on June 24, issued four more subpoenas for additional White House tapes and materials related to a variety of issues of concern.[124]

Next, on June 27, the president's counsel, James St. Clair, opened President Nixon's impeachment defense before the House Judiciary Committee. In Nixon's defense St. Clair argued that the president could be impeached only on solid proof of "great offenses committed against the government," not simply "maladministration."[125] During this phase of the hearings, Republican committee members and St. Clair were permitted to name witnesses they wanted to hear from and devise subpoenas they wanted issued, but any such requests had to be approved by the full committee, meaning the majority had an ability to block said requests if they wanted.[126] After a long and contentious debate, the committee agreed to hear five such witnesses in closed session: John Dean (former White House counsel), Frederick LaRue (a former White House and Nixon re-election campaign aide), Herbert W. Kalmbach (Nixon's former personal lawyer), Alexander Butterfield (former Nixon deputy assistant), and Assistant U.S. Attorney General Henry E. Petersen.[127]

All through the hearings, President Nixon attempted to preserve his support in the House by wooing senior figures there, including some conservative Democrats, by inviting them to White House functions or evening cruises on the presidential yacht USS Sequoia.[128] At the same time, statements from White House officials grew increasingly more scathing, the overall impeachment inquiry was derided as a "partisan witch hunt" and the committee's proceedings derided as "a kangaroo court."[129]

Additionally, finding himself increasingly paralyzed on the domestic front by Watergate, Nixon purposefully showcased his foreign affairs acumen[130] by traveling to the Middle East, to Brussels for a NATO summit, and to the Soviet Union in June 1974.[131] In Egypt he met with President Anwar Sadat, and was cheered by millions as a result of Secretary of State Henry Kissinger's shuttle diplomacy earlier that year.[132] Then, in the Soviet Union, he and General Secretary Leonid Brezhnev signed the Threshold Test Ban Treaty.[131] The White House worked to portray these visits, and the president himself, as vital to peace and prosperity in that part of the world.[132] Unknown to the public at the time, Nixon was suffering a potentially fatal case of phlebitis.[86][133] White House doctors reportedly tried to persuade Nixon to forego the trip, but he insisted; there was reportedly speculation among the president's security detail that he was deliberately courting death by insisting on going, believing that dramatic end preferable to suffering further Watergate troubles and possible impeachment.[134][135]

Releasing evidence to public edit

 
Members and staff of the House Judiciary Committee in 1974

On July 9, the Judiciary Committee released its own version of eight of the White House tapes of which Nixon had previously issued his own transcript. The committee transcripts benefited from superior playback equipment, which restored some of the potentially damaging statements that Nixon staffers had removed or heard differently.[136] This was followed three days later by the committee's release of its accumulated evidence, which ran to 4,133 pages in all—3,891 pages assembled by the impeachment inquiry staff, as well as a 242-page rebuttal by James St. Clair, but contained neither commentary nor conclusions from the committee.[137] Afterward St. Clair acknowledged for the first time publicly that a committee vote in favor of impeachment was likely, but White House Press Secretary Ron Ziegler said the president remained confident that the full House would not impeach.[138]

Ten days after arguing the case of United States v. Nixon before the U.S. Supreme Court, July 18, 1974, St. Clair presented his final argument against impeaching the president to the Judiciary Committee. A vote to impeach could be justified only by "clear and convincing" evidence, he told the committee, "because anything less than that, in my view, is going to result in recrimination, bitterness and divisiveness among the people."[139] He then attempted to refute the charges related to Nixon's involvement in the Watergate cover-up, and also outlined the president's position on the various other issues brought before the committee by the inquiry staff. In closing St. Clair said, "in light of the complete absence of any conclusive evidence demonstrating Presidential wrongdoings sufficient to justify the grave action of impeachment, the committee must conclude that a recommendation of impeachment is not justified."[140]

For his part, Doar, who had heretofore maintained a neutral stance on impeachment, painted a picture for the committee of a president who by his actions had attempted to subvert the Constitution. Speaking about the rule of law and presidential obligations and about the evidence, he made the case for articles of impeachment against on charges of: obstruction of justice, abuse of power for political purposes, defying Judiciary Committee subpoenas, and tax evasion.[64] "Reasonable men acting reasonably," he said, "would find the president guilty" of misusing the power of his office.[141] Afterward, Albert Jenner, the impeachment inquiry committee's chief minority counsel, said he "agreed with every word" Doar had spoken. Infuriated, committee Republicans sidelined Jenner on July 22, in favor of assistant minority counsel Sam Garrison.[142]

A Harris Poll was released in mid-July which showed that 53 percent of Americans supported Nixon's impeachment by the House. That same poll showed that 47 percent thought he should be convicted in a Senate trial and removed from office, and 34 percent thought he should be acquitted (19 percent were undecided).[129] A Gallup Poll, released July 25, revealed that Nixon's overall job approval rating had slipped to a new low point of 24 percent,[143] down considerably from its pre-Watergate hearings peak of 67 percent at the end of January 1973 (immediately after announcing the Paris Peace Accords).[144]

United States v. Nixon ruling edit

In a much-anticipated landmark ruling on July 24, 1974, the U.S. Supreme Court ordered President Nixon to release all White House tapes, not just selected transcripts, pertinent to the Watergate investigation. The unanimous ruling in United States v. Nixon found that the president of the United States does not possess an absolute, unqualified executive privilege to withhold information.[8][145] Writing for the court, Chief Justice Warren Burger stated:[146]

We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.[146]

A short while after the decision was made public, Nixon issued a statement saying that, while "disappointed in the result, I respect and accept the court's decision, and I have instructed Mr. St. Clair to take whatever measures are necessary to comply with that decision in all respects."[147] The president was at the Western White House in California at the time, where he remained through July 28.[148]

Debating accumulated evidence edit

 
The Judiciary Committee's impeachment hearings received intense press attention. Portions were broadcast live on television.

Ready to consider a resolution to impeach President Nixon, the Judiciary Committee resumed public hearings on July 24; the process of debating, amending and rewriting the proposal (known as "markup") continued through July 30. As agreed to by the committee, two days of general debate were held (July 24–25), and then each article of impeachment in the proposed resolution was considered separately.[27] The final four-day debate on the articles had an estimated television audience of 35–40 million people, according to Nielsen ratings, with the average U.S. household watching 1.9 days of the debates, for an average of 3 hours 49 minutes.[149]

Chairman Rodino set the tone for the proceedings in his opening remarks, saying: "We have deliberated. We have been patient. We have been fair. Now the American people, the House of Representatives and the Constitution and the whole history of our republic demand that we make up our minds."[82] Then, the second ranking Democrat on the committee, Harold Donohue, set the framework, introducing the proposed resolution of impeachment, which included two draft articles.[150] The first accused Nixon of having obstructed justice by participating in the Watergate cover-up. The second listed a number of alleged abuses of presidential authority.[151]

Next, one by one, committee members spoke. Democrat Jack Brooks, who had been enthusiastically working toward Nixon's impeachment and conviction, expressed his hope that Republicans could not, any more than Democrats, "tolerate the flouting of our laws by a president who is constitutionally charged with seeing to faithful execution of the laws."[150] He also urged the committee not to waver in its pursuit of the president's impeachment. "This is not a pleasant duty, but it is our constitutional duty," he said. "Its performance may mean ignoring personal and political relationships of long standing. But we as well as the president are on trial for how faithfully we fulfill our constitutional responsibility."[152]

Earlier in July, Brooks had drafted and distributed to all members of the committee a strongly-worded set of impeachment articles. Though strident and partisan, they provided the impetus for other Democrats to begin framing articles of their own. Further, the Brooks articles heavily influenced the set of articles presented to the committee on July 24.[129] Because of the part he played in the president's downfall, Nixon later called Brooks his "executioner."[152]

Walter Flowers, a Southern Democrat from Alabama, a state which supported Nixon in 1972, had been leaning against impeachment, but after a long struggle, he indicated on July 25 that he would vote for impeachment. The congressman said: "I felt that if we didn't impeach, we'd just ingrain and stamp in our highest office a standard of conduct that's just unacceptable."[129] Charles Rangel had a somber yet positive take that day on the proceedings. Viewing them as confirmation of the Constitution's soundness, he declared: "Some say this is a sad day in America's history. I think it could perhaps be one of our brightest days. It could be really a test of the strength of our Constitution, because what I think it means to most Americans is that when this or any other president violates his sacred oath of office, the people are not left helpless."[55]

 
Representative Barbara Jordan (left) became nationally known for her eloquence during the Judiciary Committee's impeachment hearings.

On July 25, 1974, Democrat Barbara Jordan delivered a robust speech extolling the U.S. Constitution and its checks and balances. With a booming voice she declared: "I am not going to sit here and be an idle spectator to the diminution, the subversion, the destruction of the Constitution."[153] Her denunciation of President Nixon's abuses of power stirred the nation[154] and earned her national recognition and praise for her rhetoric, genuineness, and insight.[153][155]

The first visible crack in the ranks of Republican committee members opened July 23 when Lawrence Hogan announced that he would vote for impeachment, charging that Nixon had "lied repeatedly" to Congress and to the American people.[55] He had frequently defended the president before the committee during the hearings,[156] "but after reading the transcripts," he said, describing how he decided to support impeachment, "it was sobering: the number of untruths, the deception, and the immoral attitudes. At that point, I began tilting against the president, and my conviction grew steadily."[129] Reflecting nearly 20 years later, Nixon described Hogan's defection as "a very bad blow."[156]

Two days later, Republican Hamilton Fish indicated his willingness to support certain articles of impeachment. "At the very least," Fish explained, the president "is bound not to violate the law, not to order others to violate the law, and not to participate in the concealment of evidence respecting violations of the law of which he is made aware."[157] William Cohen also announced his decision to vote in favor of impeachment, saying: "I have been faced with the terrible responsibility of assessing the conduct of a president that I voted for, believed to be the best man to lead this country. But a president who in the process by act or acquiescence allowed the rule of law and the Constitution to slip under the boots of indifference and arrogance and abuse."[55] Similarly, M. Caldwell Butler also announced his decision to vote in favor of impeachment, saying: "For years we Republicans have campaigned against corruption and misconduct. ... but Watergate is our shame."[55]

As the public hearings resumed, a coalition composed of Moderate Republicans Fish, Butler, Cohen, and Tom Railsback, plus Southern Democrats Walter Flowers, James Mann and Ray Thornton, began crafting articles of impeachment on abuse of power and obstruction of justice. Their work ensured that the wording of the committee's final set of articles would have solid bipartisan support.[129][150]

Other Republicans on the committee, however, looked at the evidence but concluded that it did not meet their standards for impeachment. Wiley Mayne, for one, contended that the case against Nixon was circumstantial, nothing but "a series of inferences piled upon other inferences."[129] Even so, he was critical of the administration's moral tone when he spoke on July 25, saying he certainly deplored "the sorry example which was set by the chief executive ... in his personal as well as his official conduct."[158]

Nixon's Republican defenders had, from the start of the impeachment hearings, construed the evidence as narrowly as possible, demanded ironclad proof and offered innocuous interpretations of information damaging to the president.[159] Continuing that strategy during the televised debate, Charles W. Sandman Jr. asserted on July 24 that those advocating impeachment had failed to provide decisive evidence that the president had committed an impeachable offense. During his opening speech he said, "If somebody, for the first time in seven months, gives me something that is direct, I will vote to impeach."[160] The next day, Charles E. Wiggins, perhaps President Nixon's strongest defender during the House proceedings, eloquently sought to reinforce the message that there was no specific evidence directly linking Nixon to any criminal act,[161] declaring, "Simple theories, of course, are inadequate." He then added, "That is not evidence. A supposition, however persuasive, is not evidence. A bare possibility that something might have happened is not evidence."[162]

By contrast, committee Democrats and pro-impeachment Republicans pointed to specific presidential acts and conversations they considered solid evidence. In doing so, they frequently turned to transcripts of taped presidential conversations to read back Nixon's own words.[163] Among them was Democrat Elizabeth Holtzman, who recited quote after quote to frame her argument.[162]

At the close of the marathon two-day general debate, Rodino said publicly for the first time that he would recommend the adoption of the articles of impeachment. By then it was clear that a sizable bipartisan majority of Judiciary Committee members were prepared to support the resolution formally proposing the impeachment of President Nixon—all 21 Democrats plus six Republicans according to The New York Times.[162] As the committee pressed ahead the next day to consider its proposed articles of impeachment, Deputy White House Press Secretary Gerald Lee Warren noted that Nixon was "virtually resigned to the likelihood" that the committee would recommend impeachment with a bipartisan majority. But nonetheless, he added: "Our belief is that the House will not vote out a bill of impeachment."[164]

Debating articles of impeachment edit

Obstruction of justice edit

At the outset of the committee's proceedings on July 26, Paul Sarbanes offered a substitute for Harold Donohue's first article of impeachment. Formulated through negotiations between liberal Democrats, led by Jack Brooks, and the Southern Democrat – Moderate Republican coalition group, it passed, following two days of impassioned debate, by a 27–11 margin; with six Republicans voting in favor along with all 21 Democrats.[64] The article alleged that the president had worked with subordinates to "delay, impede, and obstruct the investigation" into the Watergate break-in; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities."[6]

As debate on the article commenced, Republican opponents of impeachment complained that the article was unfair because it did not contain "specificity" regarding the details of the obstruction of justice charge, the dates, names and events on which it was based. One after another, they challenged those who would impeach to come up with more details in purposeful conversations to be linked together as part of a concerted plan by Nixon to obstruct justice.[64][165] Use of the term became a focal point: as the New York Times reported, "For two days the 38 members of the House Judiciary Committee have argued and quibbled and sometimes shouted about the meaning of the word 'specificity.'"[166] The question in part revolved around how much of the Constitution's requirements for due process and legal notice applied to an impeachment proceeding, as well as around evolving standards regarding the level of detail in criminal indictments in general.[166]

Charles Sandman was one of those most vocal in demanding the specifics for each alleged obstructing act. He led the Republican opposition against the nine subsections of the Sarbanes proposal one by one.[167] His objective was to maneuver those favoring impeachment into divisive arguments over what particulars to include.[158] The "specificity" argument by the Nixon defenders appeared effective, which initially led some proponents of the article to worry,[168][169] but ultimately caused them to rally.[168][169]

John Doar distributed a list of brief discussion points detailing the evidence against the president, which one Democrat after another used to enumerate Nixon's misdeeds when it was their turn at the microphones.[64] Proponents of the article also persistently countered arguments about the lack of specific details of the alleged obstruction of justice by stating that the supporting facts should and would be included in the committee's final report rather than jammed into the article itself.[129]

Ultimately the "specificity" tactic proved ineffective and was abandoned.[129] In acknowledging the reality of the situation, Sandman lamented on July 28 that, "There is no way the outcome of this vote is going to be changed by debate."[167] In the end, the solid bipartisan vote in favor of the first article, which transcended ideological alliances, put to rest the charge that the committee's proceedings were nothing more than a partisan vendetta against the president.[39][170]

Article I vote, July 27, 1974
Adopted 27–11  Democrats: 21 yes, 0 no
 Republicans: 6 yes, 11 no

Abuse of presidential power edit

On July 29, William Hungate offered a substitute for Donohue's second article of impeachment. Formulated through the same process as the first article substitute, it passed, following a spirited debate, by a 28–10 margin; with seven Republicans voting yes along with all 21 Democrats.[171] The article stated that the president had "repeatedly engaged in conduct violating the constitutional rights of citizens" by "impairing the due and proper administration of justice and the conduct of lawful inquiries."[6] Moreover, it asserted that the president had violated his constitutional oath of office and failed in his duty to take care that the nation's laws are faithfully executed by:[171]

  1. Attempting to use the Internal Revenue Service to initiate tax audits or obtain confidential tax data for political purposes;[171]
  2. Using a "national security" cover for a series of secret wiretaps against government officials, newsmen and the president's brother, Donald Nixon;[171]
  3. Establishing the White House special investigations unit, later dubbed the "plumbers," for "covert and unlawful activities" that included the 1971 burglary of the office of a psychiatrist in search of information to defame Daniel Ellsberg for his part in publication of the Pentagon Papers;[171]
  4. "Failing to act" on the knowledge that close subordinates had sought to impede justice in the Watergate case and related matters;[171]
  5. "Knowingly" misusing the power vested in his office to interfere with activities of the Federal Bureau of Investigation, the Central Intelligence Agency, the Department of Justice and the Watergate special prosecutor.[171]

In support of the president's impeachment, George E. Danielson made a forceful argument for Article II, calling it "the most important article this committee may pass out." He went on to say that: "The offenses charged are uniquely presidential offenses. No one else can commit them. ... Only the president can violate the oath of the office of president. ... Only the president can harm the presidency."[172] Also supporting Article II (after opposing Article I) was the committee's second ranking Republican, Robert McClory, whose view it was that the article "really gets at the crux" of the committee's responsibility for holding the president accountable for his actions while in office.[173] Its inclusion in the impeachment resolution would, he said, "aid future Presidents to know this Congress and this House Judiciary Committee will hold them to an oath of office and an obligation to see that the laws are faithfully executed."[171]

Though there was no doubt that the article would be approved, Nixon's stalwart Republican defenders continued to press the president's case.[174] Edward Hutchinson accused the Democrats of building their case on cherry picked events from the Nixon presidency, asking rhetorically, "Is it really fair? Does it depict the whole truth to examine the entire record of this administration ... and to cull from that huge mass of official actions this relative handful of specific allegations and derive from them the proposition that the President's conduct has been repeatedly unlawful?"[172] Charles Wiggins questioned whether abuses of power fell within the Constitutional definition of high crimes and misdemeanors. He warned that "Adoption of such an article would embed in our constitutional history for the first time ... the principle that a president may be impeached because of the view of Congress that he has abused his powers although he may have acted in violation of no law."[172] He also attempt to narrow the scope and gut key allegations, but every amendment he proposed was easily defeated by the substantial bipartisan majority favoring the article.[174]

Article II vote, July 29, 1974
Adopted 28–10  Democrats: 21 yes, 0 no
 Republicans: 7 yes, 10 no

Contempt of Congress edit

On July 30, the final day of its impeachment debate, Article III, charging Nixon with contempt of Congress for his defiance of eight Judiciary Committee subpoenas, issued during April, May and June 1974, was introduced by Robert McClory, and was approved by a narrow 21–17 margin.[175] The president's refusal to comply with federal court and congressional subpoenas had been included among the various charges of abuses of authority in the initial version of Article II, but was absent from the substitute.[162] Proponents argued that Nixon's consistent "stonewalling" constituted an impeachable offence as it threatened to diminish the House's constitutional impeachment power. McClory argued that the claim of executive privilege "has no place in an impeachment inquiry." Opponents argued that the dispute over access to evidence should have been handled either through the courts or by seeking a House citation for contempt of Congress.[176][177] Seven Republicans who had been part of the bipartisan coalition driving the first two articles returned to the party fold; one, Tom Railsback, warned that the Democratic majority appeared bent on "political overkill," by considering additional articles.[175][178]

Article III vote, July 30, 1974
Adopted 21–17  Democrats: 19 yes, 2 no
 Republicans: 2 yes, 15 no

Cambodia bombing / war powers edit

Next, John Conyers introduced an article charging that Nixon had intentionally concealed "the facts" from Congress and had submitted to Congress "false and misleading statements concerning the existence, scope and nature of American bombing operations in Cambodia" in disregard of Congress's constitutional power to declare war.[179][180] Conyers, an outspoken Nixon critic (and number 13 on Nixon's Enemies List), argued that the president's desire to cover-up the facts of the bombing campaign was another example of the issue underlying "all of the acts [of presidential wrongdoing] that have been debated thus far."[181] The article failed to gain widespread support, however, and was defeated 12–26. Nine Democrats, including Rodino, along with all 17 Republicans voted against it.[175][182]

While no one challenged the veracity of the allegations contained in the article, it failed, Conyers later observed, because "condemning the Cambodian bombing would also have required us to indict previous administrations and to admit that the Congress has failed to fully meet its own constitutional obligations."[179] Those opposed to including the article raised compelling arguments, pointing out that key congressional leaders of both political parties had been privy to the information and had neither said anything to the rest of Congress nor done anything about it, contending that the president's actions had been appropriate uses of his power as Commander-in-chief, and noting that this particular congressional-authority versus presidential-authority dispute had already been addressed by the War Powers Resolution (passed over Nixon's veto one year earlier). Another factor working against the proposal was the realization that putting the Cambodia article before the full House would interject the volatile issue of the role of the U.S. military in the Vietnam War into the impeachment debate.[180][181]

Article IV vote, July 30, 1974
Rejected 12–26  Democrats: 12 yes, 9 no
 Republicans: 0 yes, 17 no

Emoluments and tax fraud edit

Lastly, Edward Mezvinsky introduced an article charging that improvements made to Nixon's private homes at San Clemente, California, and Key Biscayne, Florida, at government expense constituted a violation of the Domestic Emoluments Clause, and also that his acknowledged underpayment of federal income taxes between 1969 and 1972 constituted willful tax evasion.[175][180] Mezvinsky asserted that Nixon "took advantage of the Presidency to avoid paying proper taxes." Nixon's malfeasance since entering office was a "serious threat to our tax system," he said, because "we expect the law to be applied equally to every taxpayer."[181] After a debate scheduled by the committee's leaders so as to reach the prime‐time television audience, the article was rejected, also by a 12–26 margin.[175][182]

Those opposed to its inclusion as part of the impeachment resolution raised several objections. On the emoluments charge they pointed out that the property improvements made at the president's Florida and California residences had been made at the request of the U.S. Secret Service and contended that there was no direct evidence to show that the president knew that government money was being spent on the projects. On the taxes charge it was argued that there was insufficient evidence to prove an intent to defraud, and that the alleged crime was not an impeachable offense as it did not involve an abuse of presidential power.[180][181]

Article V vote, July 30, 1974
Rejected 12–26  Democrats: 12 yes, 9 no
 Republicans: 0 yes, 17 no

Text of articles reported to the House edit

The Judiciary Committee agreed to three articles of impeachment against President Nixon. Together they were a sharp rebuke of his conduct in office, as each one concluded with the same declaration, that:[2][73]

In all of this, Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.[2][73]

The committee finished its work on July 30, 1974, two years, one month and 13 days after the Watergate break-in.[178] "By its diligence and the bipartisan magnitude of its vote," Time Magazine wrote a few days later, "the House Judiciary Committee has virtually assured a substantial, bipartisan vote for impeachment in the full House. That in turn is sure to have an impact on the Senate, as will public opinion."[129]

Article I edit

Article I, charging Nixon with obstruction of justice, alleged in part that:[2][73]

On June 17, 1972, and prior thereto, agents of the Committee for the Re-election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his close subordinates and agents, in a course of conduct or plan designed to delay, impede, and obstruct the investigation of such illegal entry; to cover up, conceal and protect those responsible; and to conceal the existence and scope of other unlawful covert activities.[2][73]

The article also specified nine ways by which the president was alleged to have carried out the plan to obstruct the investigation.[167]

Article II edit

Article II, charging Nixon with abuse of power, alleged in part that:[2][73]

Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposes of these agencies.[2][73]

The article also cited five specific examples of alleged misconduct to substantiate this charge against the president.[171]

Article III edit

Article III, charging Nixon with contempt of Congress alleged in part that:[2][73]

In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things Richard M. Nixon, substituting his judgment as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives.[2][73]

Nixon's support in Congress deteriorates edit

Despite "a triple whammy" of events in late July—the widely covered Judiciary Committee hearings, the Supreme Court's order to surrender the tapes, and six Republican defections—Nixon, according to White House Chief of Staff Alexander Haig, had not "changed one iota his sense of self‐confidence and sense of determination to see this thing through."[148] He was closely studying the possible vote counts that impeachment in the House or trial in the Senate would get; Henry Kissinger later sympathetically described the president at this time as "a man awake in his own nightmare."[183] Republican leaders in Congress were also estimating vote counts. During a July 29 meeting between House Minority Leader John Rhodes and Senate Minority Leader Hugh Scott, Rhodes estimated that impeachment in the House would get as many as 300 votes (well more than the 218 needed) and Scott surmised that there were 60 votes for conviction in the Senate (a little short of 67 necessary). Both felt that the situation was deteriorating for the president.[184]

Public support for the president was also deteriorating. A Harris Poll completed August 3 found that two‐thirds (66%) of the American public "believe that President Nixon should be impeached over Watergate scandals and tried." The "pro‐impeachment" total had increased by 13 percentage points during the course of the Judiciary Committee's televised debate and votes on the articles of impeachment.[185]

Arrangements for impeachment vote and trial edit

On August 2, the House Rules Committee announced that the Judiciary Committee's report on the three articles of impeachment would be completed by August 8, and that the House would begin debating them on August 19.[186] The Washington Post reported on August 7 that the members of the Democratic and Republican leadership had agreed informally to cut in half the time for debating impeachment on the House floor. Thus the televised debate would have lasted for one week rather than two.[187]

Soon after the Judiciary Committee approved the first article of impeachment, Senate Majority Leader Mike Mansfield and Senator Scott met to start planning for a likely impeachment trial.[186] The 100 senators would have served as jurors, with Chief Justice Burger presiding; a group of House members would have served as prosecutors, with Nixon's lawyers defending.[167] Following a delay to give the president time to prepare,[167] the actual trial, according to Senator Jacob Javits, was unlikely to start before November and might run well into January 1975.[188]

Francis R. Valeo, the secretary of the U.S. Senate, was put in charge of making the arrangements. It was decided that there would be television coverage of the trial, and technical preparations and discussions of specific ground rules for the press and the public were underway.[189] Because Nixon might be forced to be in attendance during the Senate proceedings, Kissinger came up with plans to form a small group to manage the government in the president's place, to be composed of a few top Cabinet officers and congressional leaders as well as Chief of Staff Haig.[188]

The "smoking gun" tape edit

Nixon Oval Office meeting with H.R. Haldeman (the "smoking gun" conversation), June 23, 1972

President Nixon complied with the Supreme Court order to deliver all subpoenaed tape recordings to Watergate investigators on July 30.[7] White House secretaries prepared verbatim transcripts, and in accordance with Judge Sirica's order, copies went to St. Clair—who had not previously listened to any of the tapes, as Nixon had never granted him access.[190] When transcripts were made public on August 5, a conversation on one, recorded June 23, 1972, only a few days after the break-in at the Democratic National Committee offices, proved that Nixon's assertion of having had no involvement in the cover-up was a lie.[191][192] The tape, later known as the "smoking gun" tape, documented the initial stages of the Watergate cover-up. On it, Nixon and then-Chief of Staff H. R. Haldeman are heard formulating a plan to block investigations by having the CIA falsely claim to the FBI that national security was involved. This demonstrated both that Nixon had been told of the White House connection to the Watergate burglaries soon after they took place, and that he had approved plans to thwart the investigation.[17][96] In a statement accompanying the release of the tape, Nixon accepted blame for misleading the country about when he had been told of White House involvement, saying he had a lapse of memory.[191][193]

Political fallout edit

The following morning, August 6, Nixon attempted to rally his Cabinet's continued support. "In my opinion and in the opinion of my counsel, I have not committed any impeachable offense," he asserted. Therefore, he declared, "the constitutional process should be followed out to the end—wherever the end may be."[190] In response, Vice President Ford, who had been crisscrossing the nation for months speaking in defense of the president,[194] told Nixon that while he would continue to support Nixon's policies, he would no longer speak to the media or to the public on the subject of impeachment;[195] Ford had issued a statement the previous evening saying he would "respectfully decline to discuss impeachment matters in public or in response to questions until the facts are more fully available."[194]

Confronted with the incontrovertible fact that Nixon had played a leading role in the Watergate cover-up from its initial stages, the ranks of Nixon's defenders in Congress thinned rapidly.[17] Various Senate Republicans expressed their "shock or outrage" and echoed the growing sentiment favoring the president's resignation.[196] In a pointed statement, Robert P. Griffin, the assistant minority leader, urged the president to resign, saying: "I think we've arrived at a point where both the national interest and his own (Nixon's) interest would best be served by resigning."[197] Nixon needed 34 votes to avoid conviction and removal. However, Bob Dole of Kansas speculated that "if the president had 40 votes (for acquittal in a Senate trial) a week ago, he had no more than 20 today."[198] Additionally, John Tower of Texas said a tentative decision had been made "to send a delegation to the president to advise him of the strong sentiment among Republicans for retirement and to warn him that he will very likely be convicted in the Senate if he does not resign first."[196] Barry Goldwater of Arizona agreed later that day to lead the delegation.[39]

 
Senators Scott and Goldwater and Representative Rhodes hold an informal press conference following their August 7 meeting with the president

There was a continuous barrage of similar public declarations throughout the day by various House Republicans. Wiggins said that "the facts then known to me have now changed," and it was now clear to him that the president had a "plan of action" to cover up the break-in. For Wiggins, this was more than enough "to sustain at least one count against the president of conspiracy to obstruct justice."[161] He urged Nixon to resign, saying that a protracted impeachment trial would not be in the nation's interest. While he announced he would vote to impeach Nixon for obstruction of justice, he would oppose the other two articles out of concern that they would set "unfortunate historical precedents."[199] On August 2, Haig and St. Clair had invited Wiggins to review the transcripts prior to their release. Upon reading them, Wiggins concluded that they proved Nixon was involved in the cover-up. In Wiggins' view, this meant Nixon's cause in the House was "hopelessly lost," and probably lost in the Senate as well.[190][200]

The decision of Nixon's staunchest defender on the Judiciary Committee to vote for impeachment was underlined in The New York Times headline of August 7, "Wiggins for Impeachment; Others in G.O.P. Join Him."[161] The nine other Republicans on the Judiciary Committee who had voted against every article of impeachment gave indication that they would vote to impeach Nixon for obstruction of justice when the vote was taken in the full House.[198] This included some of Nixon's previously staunch supporters. David W. Dennis of Indiana said that Nixon had "destroyed his credibility" with his defenders on the committee, while Del Latta of Ohio lamented that the tapes made it obvious that "we certainly weren't given the truth" by the White House.[161] "Devastating—impeachable," Sandman told reporters, now having the "specificity" he had demanded during the hearings.[190] Ranking member Hutchinson announced he would support impeachment "with a heavy heart."[190] Minority Leader Rhodes said that while he admired Nixon's accomplishments, "cover-up of criminal activity and misuse of federal agencies can neither be condoned nor tolerated." For this reason, Rhodes said, "when the roll is called in the House of Representatives, I will vote 'aye' on impeachment."[201]

Among the few Republicans on Capitol Hill who still defended the president following the "smoking gun" revelation was Senator Carl Curtis, who implored Congress not to panic. He warned that the United States would become like a "banana republic" if Nixon was ousted in favor of Vice President Ford, who in turn would then select someone to fill the vice presidential slot. He said "this would mean both Ford and the new Vice President would be men who hadn't been elected to their high office, but merely nominated by a president under procedures for filling the vice presidency when it is vacant."[196] Congressman Earl Landgrebe did as well, declaring: "Don't confuse me with the facts. I've got a closed mind. I will not vote for impeachment. I'm going to stick with my president even if he and I have to be taken out of this building and shot."[202]

During the late afternoon of August 7, Senators Goldwater and Scott and Congressman Rhodes met with Nixon in the Oval Office and told him his support in Congress had all but disappeared.[203] Scott told reporters afterward that they did not pressure Nixon to resign, but simply told the president that "the situation is very gloomy on Capitol Hill."[204] Rhodes told the president he would face certain impeachment when the articles came up for vote in the full House. By Majority Leader O'Neill's estimate, no more than 75 representatives were willing to vote against the obstruction-of-justice article.[203] Goldwater and Scott told the president that not only were there enough votes in the Senate to convict him, but that no more than 15 or so senators were willing to vote for acquittal.[39][204] Goldwater later wrote that as a result of the meeting, Nixon "knew beyond any doubt that one way or another his presidency was finished."[205] That night, Nixon finalized his decision to leave office.[192][203]

Resignation and conclusion edit

Nixon announces that he will resign
 
President Nixon and the first lady (in pink) leave the White House, accompanied by Vice President Ford and the second lady, August 9, 1974, shortly before Nixon's resignation became effective

Nixon met with Vice President Ford the following morning, August 8, to inform Ford of his intention to resign from office,[192] and met with congressional leaders that evening to give them formal notice.[38] Next, he met briefly with a group of longtime congressional friends, and then he informed the nation.[192] Several days earlier, in advance of the release of the tapes on August 5, presidential speechwriter Ray Price had prepared two draft speeches for the president—one, a refusal-to-resign speech, and the second, a resignation speech.[206] The latter served as the first draft of the speech Nixon delivered live on radio and television from the Oval Office that night.[193]

In his address, Nixon said he was resigning because "I have concluded that because of the Watergate matter I might not have the support of the Congress that I would consider necessary to back the very difficult decisions and carry out the duties of this office in the way the interests of the nation would require." He also stated his hope that, by resigning, "I will have hastened the start of that process of healing which is so desperately needed in America." He then went on to review the accomplishments of his presidency, especially in foreign policy.[207][208] Nixon acknowledged that some of his judgments "were wrong," and he expressed contrition, saying: "I deeply regret any injuries that may have been done in the course of the events that led to this decision." The speech contained no admission of wrongdoing, however, nor did it mention the articles of impeachment pending against him.[17][209] Protesters outside the White House along Pennsylvania Avenue shouted " jail to the chief " throughout the night.[192]

On the morning of August 9, 1974, after an emotional farewell to his Cabinet members and staff, Nixon and his family left the White House for San Clemente, California. He left behind a signed letter of resignation addressed to Secretary of State Kissinger (as required by the Presidential Succession Act of 1792),[192] thereby becoming the first U.S. president to resign from office.[6][17] His presidency officially ended at 11:35 am, when Kissinger received the letter, and Ford's began.[210] A short while later, in the East Room of the White House, Ford was sworn into office by Chief Justice Burger, declaring "our long national nightmare is over."[211]

Following Nixon's resignation, the impeachment process against him was formally concluded.[1] On August 20, the House voted to accept the final Judiciary Committee report by a vote of 412 to 3, with Republican Earl Landgrebe, plus Democrats Otto Passman and Sonny Montgomery casting the only no votes.[212][213] The 528‐page report, published on August 22, laid out in detail what it called the "clear and convincing evidence" against Nixon. It also contained a statement from the committee's Republican members who had originally opposed impeachment, stating for the record that Nixon had not been "hounded from office" but rather had destroyed his own presidency through his patterns of deceit.[214]

Aftermath edit

Though Nixon had not faced impeachment by the full House or a conviction by a Senate trial, criminal prosecution was still a possibility at both the federal and state levels.[215][216] Concerned about Nixon's well-being, and worried that the "ugly passions" aroused by the Watergate scandal would rise again during a lengthy Nixon prosecution, on September 8, 1974, President Ford granted Nixon a pardon for all crimes he had "committed or may have committed or taken part in" as president.[17][213][217] Nixon was initially reluctant to accept the pardon because he did not want to admit guilt,[218] but then agreed to do so. In his official acceptance of the pardon, Nixon said that he "was wrong in not acting more decisively and more forthrightly in dealing with Watergate, particularly when it reached the stage of judicial proceedings and grew from a political scandal into a national tragedy."[219]

Public opinion at the time of the pardon was negative according to a September 6–9, 1974 Gallup Poll, which found that "only 38 percent of Americans said Ford should pardon Nixon, while 53 percent said he should not."[220] Numerous congressional Democrats issued statements critical of the pardon, and in light of it, some even sought to reopen the impeachment process against the former president. Specifically, Judiciary Committee members Jerome Waldie, George Danielson, and Don Edwards spoke of pressing the committee to pursue the outstanding subpoenas in order to bring all the evidence out into the open and to complete the formal record of Nixon's wrongdoing while in office. Chairman Rodino, however, declared that "impeachment is dead," forestalling such a move.[221]

The following month, Ford appeared voluntarily before the Judiciary Committee's Subcommittee on Criminal Justice to explain the reasons behind the pardon.[222] Two years later, lingering public resentment over the Nixon pardon was a factor in Ford's narrow loss to Democratic Party nominee Jimmy Carter in the 1976 presidential election.[217]

Nationwide, the 1974 midterm election was a landslide victory for the Democratic Party. In the House, Democrats won 49 seats previously held by Republicans and increased their majority above the two-thirds mark. Altogether, there were 93 freshmen representatives in the 94th Congress when it convened on January 3, 1975, 76 of them Democrats. Those elected to office that year later came to be known collectively as "Watergate Babies."[223] Several Republican Judiciary Committee members were defeated in the 1974 elections by their Democratic opponents. Chief among them was Charles Sandman, who was soundly defeated by William J. Hughes.[55] Also defeated were David W. Dennis, losing to Philip Sharp, Wiley Mayne, losing to Berkley Bedell, Harold Vernon Froehlich, losing to Robert John Cornell, and Joseph J. Maraziti, losing to Helen Stevenson Meyner.[224][225]

Regarding the Judiciary Committee's process and its momentous recommendation that President Nixon be impeached and removed from office, Rodino, in a 1989 interview with Susan Stamberg of National Public Radio, said:[82]

Notwithstanding the fact that I was a Democrat, notwithstanding the fact that there were many who thought that Rodino wanted to bring down a president as a Democrat, you know, he was our president. And this is our system that was being tested. And here was a man who had achieved the highest office that anyone could gift him with, you know. And you're bringing down the presidency of the United States, and it was a sad, sad commentary on our whole history and, of course, on Richard Nixon.[82]

See also edit

Notes edit

  1. ^ Andrew Johnson was the only U.S. president prior to Richard Nixon to be the subject of a formal House of Representatives impeachment inquiry; however, five previous presidents—John Tyler, Andrew Johnson, Grover Cleveland, Herbert Hoover and Harry S. Truman—had proposed articles of impeachment filed against them in the House.[2]
  2. ^ The two U.S. presidents since Nixon who have been the subject of a formal House impeachment inquiry are: Bill Clinton, in 1998 (trial in 1999), and Donald Trump, in 2019 (trial in 2020), and again in 2021.[5]
  3. ^ Prior to the Watergate break-in, in May 1972, during the 92nd Congress, three Vietnam War-related impeachment resolutions were introduced in the House against President Nixon: a general resolution without specific charges, introduced by William Ryan, plus two identical four-count resolutions from John Conyers. These were referred to the House Judiciary Committee; no further action on the resolutions is recorded.[2][28]
  4. ^ On November 21, 1973, special White House counsel for Watergate matters Fred Buzhardt informed Judge John Sirica that one of the tapes contained an 18½-minute erased gap.[40] The White House also reported that two other tapes were missing.[7]
  5. ^ President Nixon nominated House Minority Leader Gerald Ford to succeed Vice President Spiro Agnew on October 12, 1973, under terms of the Twenty-fifth Amendment, Section 2. The Senate voted 92 to 3 to confirm Ford's nomination on November 27, 1973, and the House voted to confirm him on December 6, 1973, by a vote of 387 to 35.[44]
  6. ^ Seven liberal Democrats were identified by The New York Times as "impeachment zealots", "Nixon antagonists" eager to find grounds upon which to impeach the president: Jack Brooks, Robert Kastenmeier, Don Edwards, John Conyers, Jerome Waldie, Robert Drinan and Charles Rangel.[59]
  7. ^ The decision to bypass the existing committee structure and the members' staff, notes historian Stanley Kutler, "resulted in unnecessary rivalries and eventually colored the relationship between Doar and the congressmen."[62]
  8. ^ The 1974 Constitutional Grounds for Presidential Impeachment has subsequently been used as a guidebook during two House presidential impeachment inquiries: against Bill Clinton in 1998 and against Donald Trump in 2019.[76]
  9. ^ Leon Jaworski's report remained sealed until October 11, 2018, when a federal judge ordered its release with limited redactions.[88]

References edit

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Works cited edit

Books and journals edit

U.S. federal government reports edit

  This article incorporates public domain material from websites or documents of the U.S. federal government.

  • Cole, Jared P.; Garvey, Todd (2015). Impeachment and Removal (PDF) (Report). Washington, D.C.: Congressional Research Service. R44260 – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
  • Hudiburg, Jane A.; Davis, Christopher M. (2018). Resolutions to Censure the President: Procedure and History (PDF) (Report). Washington, D.C.: Congressional Research Service. R45087 – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
  • Rybicki, Elizabeth; Greene, Michael (2019). The Impeachment Process in the House of Representatives (Report). Washington, D.C.: Congressional Research Service. R45769.
  • Stathis, Stephen W.; Huckabee, David C. (1998). Congressional Resolutions on Presidential Impeachment: A Historical Overview (PDF) (Report). Washington, D.C.: Congressional Research Service. 98-763 – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
  • United States House of Representatives (2007). "Section II—Jurisdictions History of the Judiciary Committee: Impeachment" (PDF). A History of the Committee on the Judiciary 1813–2006. Washington, D.C.: U.S. Government Publishing Office. pp. 115–136. H. Doc. 109-153.

Further reading edit

  • Bazan, Elizabeth B. (December 9, 2010). Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice (PDF) (Report). Washington, D.C.: Congressional Research Service, Library of Congress. 98-186, 32 pages – via University of North Texas Libraries, Digital Library, UNT Libraries Government Documents Department.
  • Committee on the Judiciary, House of Representatives, 93rd Congress, 2nd Session (January 1974). Impeachment: Selected Materials (Report). Vol. Second volume. Washington, D.C.: U.S. Government Publishing Office. House Committee Print, 900 pages – via HathiTrust Digital Library.{{cite report}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  • Committee on the Judiciary, House of Representatives, 93rd Congress, 2nd Session (August 1974). Impeachment of Richard M. Nixon, President of the United States (PDF) (Report). Washington, D.C.: U.S. Government Publishing Office. H. Rpt. 93-1305, 528 pages.{{cite report}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  • Staff of the Impeachment Inquiry, Committee on the Judiciary, House of Representatives, 93rd Congress, 2nd Session (February 1974). Constitutional Grounds for Presidential Impeachment (Report). Washington, D.C.: U.S. Government Publishing Office. H522-6, 80 pages – via Internet Archive.{{cite report}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  • Richard Nixon Presidential Library and Museum—Oral Histories, oral history interviews with many individuals who worked in the Nixon administration or were significant figures during the time (1969–74).
  • Kohut, Andrew (September 25, 2019) [Originally published August 8, 2014]. "From the archives: How the Watergate crisis eroded public support for Richard Nixon". Washington, D.C.: Pew Research Center.
  • Montgomery, Paul L. (August 9, 1974). "The Case Against Richard Nixon: A Catalogue of Charges and His Replies". The New York Times.
  • The Impeachment Inquiry (30th ed.). Washington, D.C.: Congressional Quarterly. 1975. pp. 867–902. cqal74-1223105.

External links edit

  • House Impeachment Coverage: May, July 1974, recordings of public hearings from American Archive of Public Broadcasting
  • "Should The President Be Impeached?", Congressman Jerome Waldie, The Advocates television series, January 3, 1974, 88:47, WGBH-TV
  • Watergate.info website, Malcolm Farnsworth owner

impeachment, process, against, richard, nixon, impeachment, process, against, richard, nixon, initiated, united, states, house, representatives, october, 1973, during, course, watergate, scandal, when, multiple, resolutions, calling, impeachment, president, ri. The impeachment process against Richard Nixon was initiated by the United States House of Representatives on October 30 1973 during the course of the Watergate scandal when multiple resolutions calling for the impeachment of President Richard Nixon were introduced immediately following the series of high level resignations and firings widely called the Saturday Night Massacre The House Committee on the Judiciary soon began an official investigation of the president s role in Watergate and in May 1974 commenced formal hearings on whether sufficient grounds existed to impeach Nixon of high crimes and misdemeanors under Article II Section 4 of the United States Constitution This 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 at the Watergate office complex during the 1972 presidential election and the Republican Nixon administration s attempted cover up of its involvement during those hearings the scope of the scandal became apparent and the existence of the Nixon White House tapes was revealed Impeachment process against Richard NixonFirst day of the House Judiciary Committee s formal impeachment hearings against President Nixon May 9 1974AccusedRichard Nixon President of the United StatesProponentsUnited States House Committee on the JudiciaryDateOctober 30 1973 1973 10 30 to August 20 1974 1974 08 20 9 months and 3 weeks OutcomeResolution containing three articles of impeachment adopted July 30 1974 the impeachment proceedings ended on August 20 1974 without an impeachment vote after President Nixon resigned from office 1 2 ChargesAdopted obstruction of justice abuse of power contempt of CongressRejected usurping congressional war powers tax fraudFollowing an April 1974 subpoena from the Judiciary Committee edited transcripts of 42 taped White House conversations relevant to the Watergate cover up were finally made public by Nixon However the committee pressed for the audio tapes themselves and subsequently issued subpoenas for additional tapes all of which Nixon had refused That same month Nixon also refused to comply with a subpoena from special prosecutor Leon Jaworski for 64 Watergate related tapes Ultimately on July 24 1974 the United States Supreme Court issued a unanimous decision against Nixon which ordered 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 eventually approved three articles of impeachment These articles charged Nixon with 1 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 2 abuse of power by using the office of the presidency on multiple occasions dating back to the first year of his administration 1969 to unlawfully use federal agencies such as the Internal Revenue Service and the Federal Bureau of Investigation as well as establishing a covert White House special investigative unit to violate the constitutional rights of citizens and interfere with lawful investigations and 3 contempt of Congress by refusing to comply with congressional subpoenas 3 These articles were reported to the House of Representatives for final action with 7 of the committee s 17 Republicans joining all 21 of its Democrats in voting in favor of one or more of the articles Two other articles were debated in committee but were rejected Based on the strength of the evidence presented and the bipartisan support for the articles in committee House leaders of both political parties concluded that Nixon s impeachment by the full House was a certainty if it reached the House floor for a final vote and that his conviction in a Senate trial was a distinct possibility 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 disclosure destroyed Nixon politically His most loyal defenders in Congress announced they would vote to impeach and convict Nixon for obstructing justice Republican congressional leaders met with Nixon and told him that his impeachment and removal were all but certain Thereupon Nixon gave up the struggle to remain in office and resigned on August 9 1974 Vice President Gerald Ford succeeded to the presidency in accordance with Section I of the 25th Amendment Although arrangements for a final House vote on the articles of impeachment and for a Senate trial were being made at the time further formal action was rendered unnecessary by his resignation so the House brought the impeachment process against him to an official close two weeks later Nixon was the first U S president to be the subject of an official impeachment inquiry in the House of Representatives since Andrew Johnson in 1868 a 4 Two of Nixon s successors have undergone similar proceedings b and both like Johnson were impeached but then acquitted at the consequent Senate trial Thus while Nixon himself was not impeached the impeachment process against him is so far the only one that has brought about a president s departure from office 5 6 Contents 1 Background 2 Early calls for impeachment 3 Preparation for impeachment inquiry 3 1 Push for investigation 3 2 Start of Judiciary Committee investigation 3 2 1 Assembling of investigation staff 4 Inquiry staff investigation 5 Judiciary Committee hearings 5 1 Receiving evidence 5 2 Releasing evidence to public 5 3 United States v Nixon ruling 5 4 Debating accumulated evidence 5 5 Debating articles of impeachment 5 5 1 Obstruction of justice 5 5 2 Abuse of presidential power 5 5 3 Contempt of Congress 5 5 4 Cambodia bombing war powers 5 5 5 Emoluments and tax fraud 6 Text of articles reported to the House 6 1 Article I 6 2 Article II 6 3 Article III 7 Nixon s support in Congress deteriorates 7 1 Arrangements for impeachment vote and trial 7 2 The smoking gun tape 7 3 Political fallout 8 Resignation and conclusion 9 Aftermath 10 See also 11 Notes 12 References 13 Works cited 13 1 Books and journals 13 2 U S federal government reports 14 Further reading 15 External linksBackground editMain article Watergate scandal The Watergate scandal began with the June 17 1972 break in at the Democratic National Committee headquarters at the Watergate Office Building in Washington D C and the Nixon administration s attempted cover up of its involvement 7 In January 1973 the same month in which Richard Nixon began his second term the burglars each went on trial separately before U S District Judge John Sirica all pleaded or were found guilty 8 That February the United States Senate voted to create a special investigative committee to look into the scandal The resultant Senate Watergate hearings led by Sam Ervin commenced in May 1973 9 10 Broadcast gavel to gavel nationwide by PBS and alternately by the three U S commercial networks ABC CBS and NBC the hearings aroused and held great public interest through that summer 11 12 Senators heard testimony that the president had approved plans to cover up administration involvement with the Watergate break in and learned of the existence of a voice activated taping system in the Oval Office 7 13 Separately on May 25 1973 Attorney General Elliot Richardson appointed Archibald Cox as special prosecutor for the federal investigation into possible Nixon administration ties to the Watergate burglary 14 15 When the existence of tape recorded White House conversations became known in July of that year both Cox and the Senate Watergate Committee asked Judge Sirica to issue a subpoena for several relevant and important recordings and documents 8 The president who denied prior knowledge of the Watergate burglary or participating in its cover up which he claimed to have been unaware of until earlier in 1973 refused to comply with the subpoenas citing executive privilege and national security concerns 16 17 During an address to the nation on Watergate the following month Nixon justified his refusal 8 This principle of confidentiality of presidential conversations is at stake in the question of these tapes I must and I shall oppose any efforts to destroy this principle which is so vital to the conduct of this great office 8 Nixon s adamant refusal to comply with the subpoenas for the tapes sparked a constitutional crisis between the White House and Congress and the special prosecutor 7 On August 9 the Senate committee filed suit in federal district court to force President Nixon to make the subpoenaed tapes available 18 Hoping to avoid making a ruling the Court asked the parties to negotiate an out of court solution their effort to find an acceptable compromise failed however largely due to Nixon s intransigence 19 Nevertheless Nixon soon began contemplating ways to accommodate Cox the Senate Watergate committee and Sirica after two polls showed that public opinion was solidly against him 61 percent of those responding to a Gallup Poll said the president should release the subpoenaed tapes to the court 54 percent of those responding to a Harris Poll said Congress would be justified in beginning impeachment proceedings against the president if he refused to obey a court order directing him to turn over the tapes 20 In a 5 2 ruling on October 12 the appellate court upheld Sirica s subpoena 19 Weakened by the decision the president together with Chief of Staff Alexander Haig and Press Secretary Ron Ziegler moved forward with a proposed compromise the White House would prepare transcripts of the tapes Senator John C Stennis a Democrat and chairman of the Senate Armed Services Committee would be asked to listen to the tapes himself and make a comparison between the transcripts and the tapes His authenticated version would be submitted to the court The White House also wanted to empower Stennis to paraphrase language that in its original form would in his judgment be embarrassing to the President and wanted an assurance from Cox that no other tapes would be subpoenaed by his office The administration s explanation was that Stennis would be sensitive to matters of national security contained within However as Stennis was hard of hearing and on heavy doses of medication since being mugged and shot earlier in the year it is believed that the president did not want the tapes entered into the public record verbatim because they contained recordings of him and others using coarse language and racial slurs and making possibly incriminating statements When the plan was presented to him Cox categorically rejected it 21 22 23 Afterward on October 20 after being directed by the White House to make no further attempts to obtain tapes notes or memoranda of presidential conversations Cox held a news conference to state that he would continue pressing in court for the tapes even if it meant asking that Nixon be held in contempt if the White House refused to turn them over 24 Nixon thereupon ordered that Cox be fired precipitating the immediate departures of Attorney General Richardson and Deputy Attorney General William Ruckelshaus in what became known as the Saturday Night Massacre 25 26 Early calls for impeachment editDuring the opening months of the 93rd Congress multiple resolutions calling for a presidential impeachment inquiry were introduced in the House and referred to its Judiciary Committee The committee began an examination of the charges under its general investigative authority In February 1973 the House approved a resolution providing additional investigative authority that did not specifically mention impeachment 27 The first resolution to directly call for President Nixon s impeachment was introduced on July 31 1973 by Robert Drinan c His resolution which did not contain specific charges was made in response to Nixon s clandestine authorization of the bombing of Cambodia as well as his actions relative to the growing Watergate scandal 28 The resolution was effectively ignored by leaders of both parties 29 House Majority Leader Tip O Neill later said 30 Morally Drinan had a good case But politically he damn near blew it For if Drinan s resolution had come up for a vote at the time he filed it it would have been overwhelmingly defeated by something like 400 to 20 After that with most of the members already on record as having voted once against impeachment it would have been extremely difficult to get them to change their minds later on 30 By September 1973 there was a sense that Nixon had regained some political strength the American public had become burned out by the Watergate hearings and Congress was not willing to undertake impeachment absent some major revelation from the White House tapes or some egregious new presidential action against the investigation 31 There was nonetheless a public appetite for information about impeachment piqued by the legal maneuvering over the tapes 18 Accordingly the Judiciary Committee prepared a 718 page book on the topic Published in October 1973 it traces the origin of the impeachment power cites all the instances in which that power had previously been used by Congress and gives a detailed description of Andrew Johnson s 1868 Senate impeachment trial 32 Preparation for impeachment inquiry editPush for investigation edit nbsp Demonstrators in Washington D C demanding that Congress impeach President Nixon following the Saturday Night Massacre The October 20 Saturday Night Massacre rapidly became a public relations disaster for Nixon Shortly after the White House announced the firing and the resignations NBC News anchor John Chancellor interrupted the network s prime time programming with a dire message The country tonight is in the midst of what may be the most serious constitutional crisis in its history 33 The next day The New York Times declared The nation is in the hands of a president overcome with dictatorial misconceptions of his constitutional authority 33 The White House and congressional offices were deluged with a record shattering 450 000 telegrams most demanding Nixon s impeachment hundreds of demonstrators gathered outside the White House loudly demanding the same 34 Nixon s firing of Archibald Cox triggered an uproar in Congress as well Beginning on October 23 outraged House Democrats introduced 22 separate impeachment related resolutions 35 variously calling for impeachment or an impeachment investigation or at least a new special prosecutor 2 Additionally Nixon was the subject of several resolutions that either sought to censure him or that called for him to resign 36 Speaker of the House Carl Albert referred the various resolutions to the Judiciary Committee 37 38 Further Nixon s actions were widely criticized by Republican congressional leaders who demanded full and complete disclosure to investigators of all subpoenaed Watergate materials as well as the appointment of a new special prosecutor 39 That same day Nixon agreed to turn the subpoenaed tapes over to Judge Sirica d 41 The president also reversed course on his decision to abolish the office of the special prosecutor which he had done when he fired Cox One week later Leon Jaworski was appointed to the post by the acting attorney general Robert Bork 42 43 Speaker Albert who at the time was first in the presidential line of succession following the resignation of Vice President Spiro Agnew on October 10 cautioned the committee against taking impulsive or ill considered action on impeachment he also called on Congress to take swift action on the nomination of Gerald Ford to fill the vice presidential vacancy e 44 45 During the vacancy Albert came under increasing pressure from various liberal House Democrats such as Bella Abzug to do the opposite By using his political power to delay Ford s confirmation as vice president and expedite Nixon s impeachment and removal from office Albert would become acting president and the Democratic Party would assume control of the executive branch without having to win an election He rejected that course of action however though he did develop a 19 page contingency plan for a presidential transition just in case 29 44 46 Likewise Rodino refused to be pressured telling the committee that the Ford nomination would not be held hostage until the impeachment inquiry was completed 47 Start of Judiciary Committee investigation edit The Judiciary Committee voted on October 30 to begin consideration of possible impeachment of President Nixon by a 21 17 party line vote with all the committee s Democrats voting yes and all Republicans voting no 47 and took up the matter in earnest that December upon completing the Ford confirmation hearings 38 The committee was led by Peter W Rodino who until assuming its chairmanship in January 1973 had kept a low profile in Congress Now front and center in the political limelight he told a reporter If fate had been looking for one of the powerhouses of Congress it wouldn t have picked me 48 Those wishing to expedite the impeachment were critical of the slowness of running the process through the Judiciary Committee and of Rodino s leadership abilities 38 But Albert who thought Rodino and his committee had done a fair and thorough job during the Ford hearings was content to let the committee handle the process 49 nbsp Secretary of State Kissinger President Nixon vice presidential nominee Ford and White House Chief of Staff Haig in the Oval Office October 1973On November 4 1973 Senator Edward Brooke became the first congressional Republican to publicly urge President Nixon to resign That same week several newspapers including The Atlanta Journal The Denver Post The Detroit News and The New York Times published editorials also urging him to resign Time magazine in its first editorial in 50 years of publication did so as well declaring that the president has irredeemably lost his moral authority to govern effectively and that Nixon and the nation have passed a tragic point of no return 50 Later in November the ACLU which two months earlier had become the first national organization to publicly call for the president s impeachment and removal 51 released a 56 page handbook detailing 17 things citizens could do to bring about the impeachment of President Nixon 52 With momentum on impeachment quickly building in Congress Nixon held a live one hour televised press conference on November 17 to defend himself In addition to Watergate related matters the president addressed a variety of topics including the nation s energy crisis and his personal finances 53 54 In response to a question concerning allegations of fraud on his tax returns he stated categorically People have got to know whether or not their president is a crook Well I am not a crook 55 56 Over the next two months as the impeachment investigations began there was speculation in Washington that Nixon might resign Despite several attempts to do so Nixon had not been able to put Watergate behind him and the momentum of events was against him 57 In the climate of anxiety and skepticism engendered by the Watergate scandal the president s health and morale as well as the motives behind his words and actions became the subject of much speculation Rumors persisted that he was in poor mental and physical shape and the White House became ultra sensitive to any assessment of the president s public behavior that might cast doubt on his ability to govern 58 Assembling of investigation staff edit Meanwhile to ensure a fair and principled inquiry by keeping the impeachment process out of the hands of overzealous liberals f Rodino with the support of the committee s ranking minority member Edward Hutchinson decided to hire an independent lead special counsel for the inquiry whom the committee would oversee 60 John Doar formerly a civil rights attorney in the Kennedy and Johnson administrations was hired for the position in December 1973 61 A registered Republican he shared with Rodino a view that the Senate hearings had gone overboard with leaked revelations and witnesses compelled to testify under immunity grants they were determined to do things in a more thorough and objective process 49 He also shared Rodino s view that the process would be as even handed as possible and was given the freedom to hire his own inquiry staff separate from that handling regular Committee business g 63 nbsp Judiciary Committee Chairman Rodino center left and Special Counsel Doar speaking with reporters January 24 1974While assembling his team Doar began meticulously reviewing the Watergate grand jury testimony Senate Watergate committee files and the earlier released taped White House conversations 64 He supervised a staff which in due course grew to 100 people including some 43 attorneys of whom four were black and two were women 65 Nearly early all were recent 1968 or after law school graduates Among them was Bill Weld who would go on to become the governor of Massachusetts He worked on researching case law regarding what constituted grounds for presidential impeachment and whether impoundment of appropriated funds was an impeachable offense 66 Another staff member was Hillary Rodham not yet married to Bill Clinton who would go on to become first lady of the United States U S Senator and U S Secretary of State She helped research procedures of impeachment and like Weld the historical grounds and standards for impeachment She also worked on a task force 67 led by Evan A Davis that gathered and organized the facts pertaining to the Watergate break in and cover up by reading through earlier Senate Watergate Committee testimony examining the various documents and tape recordings released by Nixon in April 1974 and interviewing witnesses 68 Albert E Jenner Jr who had previously served as assistant counsel to the Warren Commission investigating the assassination of President Kennedy was named in January 1974 as senior counsel on the inquiry staff for the Republican minority on the Judiciary Committee 65 and Sam Garrison who previously had been staff counsel and legislative liaison to Vice President Agnew was named deputy counsel 69 Additionally Nixon shuffled his legal team and in January 1974 James D St Clair a Boston lawyer supplanted Charles Wright as the president s lead attorney At its height his legal team employed 15 lawyers 70 St Clair s defense was centered around the notion that while Nixon had made a number of statements that looked bad he had committed no crimes He also stated on numerous occasions during the proceedings in explanation of his role I don t represent Mr Nixon personally I represent him in his capacity as president 71 As the Judiciary Committee prepared to begin a formal impeachment inquiry the president tried once more to contain the situation At the conclusion of his 1974 State of the Union Address on January 30 Nixon asked for an expeditious resolution to any impeachment proceedings against him so the government could function fully effectively again 72 He told Congress directly that one year of Watergate is enough 17 and asserted that he had no intention whatever of resigning 59 Inquiry staff investigation editOn February 6 1974 the House Judiciary Committee was authorized to launch a formal impeachment inquiry against the president The House approved the resolution 410 4 9 73 Voting against authorizing the inquiry were Republicans Benjamin B Blackburn Earl Landgrebe Carlos Moorhead and Dave Treen 74 The vote which was not a test of impeachment sentiment validated the investigation begun by the committee the previous October During the debate over this measure Chairman Rodino said Whatever the result whatever we learn or conclude let us now proceed with such care and decency and thoroughness and honor that the vast majority of the American people and their children after them will say This was the right course There was no other way House Minority Leader John Jacob Rhodes said Rodino s vow to conduct the inquiry fairly and within a short amount of time was good with me 75 The first task Doar assigned to the attorneys on the inquiry staff was to examine the constitutional and legal questions related to impeachment and to ascertain what constituted high crimes and misdemeanors one of the grounds stated in Article II Section 4 of the Constitution for impeachment of a federal official 60 This was a necessary first step as it had been over a century since the only prior American presidential impeachment that of Andrew Johnson in 1868 and Judiciary Committee members desired guidance on the history standards and process of impeachment 76 Moreover it had been nearly 40 years since the committee had even initiated an impeachment inquiry not since 1936 against U S District Judge Halsted Ritter 73 77 Impeachment staff Senior Associate Special Counsel Joseph A Woods Jr supervised the staff s constitutional and legal research 60 65 As a result of an in depth study of how the constitutional language about impeachment came to be adopted during the 1787 Constitutional Convention and of the long history of British impeachment cases the staff produced a guide for the Judiciary Committee a 64 page report entitled Constitutional Grounds for Presidential Impeachment 60 A key determination made in the report was that there did not need to be a criminal act on the part of the president to justify impeachment 73 78 It stated The Framers did not write a fixed standard Instead they adopted from English history a standard sufficiently general and flexible to meet future circumstances and events the nature and character of which they could not foresee 76 It further concluded that impeachable offenses could fall into three categories exceeding the powers of the office in derogation of those of another branch of government behaving in a manner grossly incompatible with the proper functions and purpose of the office and employing the power of the office for an improper purpose or personal gain 79 The document became a focal point of the Judiciary Committee s impeachment inquiry h 76 The White House was quick to reject the report s central conclusion asserting that only criminal offenses of a very serious nature are grounds for impeaching the president 80 When the committee s anti impeachment Republicans ordered a separate report prepared one more in line with the White House view Albert Jenner who disagreed with that position delayed completing the request The assignment was carried out by Sam Garrison 65 Following this event there would be ongoing tension between the two men which would color their respective relationships with members of the committee 69 Overseeing the factual investigations were senior associate special counsels Richard Cates and Bernard Nussbaum Under their guidance inquiry staff members working in teams endeavored to collect and assemble factual information and evidence relevant to the various allegations made against Nixon 62 Major investigations were conducted into his complicity in covering up the Watergate burglary his creation of the covert White House special investigative unit and that unit s subsequent illegal activities and his personal finances since entering office to determine whether he had committed tax fraud Among the dozens of other matters considered by the investigators were allegations that International Telephone and Telegraph and American Milk Producers benefited politically from contributions to Nixon s 1968 presidential campaign and charges that the Nixon administration had interfered with the investigation by the Securities and Exchange Commission of Robert Vesco who had donated 200 000 in 1972 to the Committee to Re Elect the President 81 The case was put together on more than 500 000 five by seven inch note cards that were cross indexed against each other 78 Mastering this filing system became a requirement of anyone working on the inquiry 49 A constant worry among impeachment inquiry staff leaders was that developments from their research discussions and preliminary conclusions would leak to the press To minimize leaks Doar established strict rules of conduct that included this directive The staff of the impeachment inquiry shall not discuss with anyone outside the staff either the substance or procedure of their work or that of the committee 65 Security guards patrolled the halls of the House Annex 1 building in which a myriad of lawyers investigators clerks and stenographers worked in rooms with closed blinds 49 Doar in particular had the attorneys on the inquiry working on isolated areas so that only a few of the senior counsels knew the big picture 77 In a March 9 1974 story Bill Kovach wrote in The New York Times that staff members worked under security conditions that suggest a classified defense project 65 Opinions differ however as to how successful these efforts were at preventing leaks 78 82 Later in 2005 Doar said of Rodino 82 He was able to impose discipline on the staff He insisted that there be no leaks to the press There were no leaks to the press He insisted that it be bipartisan it not be partisan There was no partisanship on the staff In fact it was remarkably non partisan And that is the result of good leadership And although Congressman Rodino was a quiet man he had the knack of leading of managing and he did it very well in my opinion 82 On March 1 1974 the federal district court grand jury that had been impaneled in July 1972 to investigate the Watergate break in handed up indictments against seven Nixon advisers and aides including H R Haldeman John Ehrlichman and John N Mitchell 83 84 As Watergate Special Prosecutor Leon Jaworski advised the grand jury that in his opinion the Constitution prohibited the indictment of an incumbent president thus making the House Judiciary Committee the constitutionally appropriate body under the Constitution for examining evidence relating to the president s role in the Watergate conspiracy jurors recommended that the material supporting the criminal case against him be turned over to the committee 9 85 The grand jury it was disclosed later had named Nixon as an unindicted co conspirator in a sealed addendum to the other indictments 86 87 The documentation consisted of a 55 page index that enumerated testimony tapes and other items of evidence but omitted legal analysis and offered no conclusions regarding whether there were impeachable actions in Nixon s behaviors The grand jury action an unprecedented move that enabled Jaworski to get around the legal restrictions preventing him from handing the evidence directly to Congress was challenged in federal court but permitted to proceed under seal i 89 90 Known collectively as the Road Map the evidence furnished the Judiciary Committee with the sum total of the evidence that we had assembled up to that point Jaworski later said 91 Buffeted by allegations that since taking office Nixon had greatly underpaid what he owed the IRS in taxes the president had agreed in December 1973 to publicly release his returns covering the years 1969 through 1972 He also asked Congress Joint Committee on Taxation to examine his personal finances The committee s report issued April 3 1974 found several problems with Nixon s returns and said he owed 476 431 including interest for unpaid taxes over four years 73 92 Doar was quick to state that an examination of whether fraud was involved in the preparation of the tax returns and the claiming of certain large deductions was clearly within the scope of the impeachment inquiry 93 From the beginning Rodino and Doar understood that their ability to build a case against Nixon was dependent upon the president s willingness to comply with their requests for material Though the documentation received from the grand jury contained actionable information they both concluded more information was needed Their case was still circumstantial consisting mostly of broad practices of abuse on the part of the administration and lacked direct evidence proving that the president had knowledge of or was a participant in the Watergate conspiracy for this they needed the tapes and to receive them they would need Nixon s cooperation 94 nbsp President Nixon just prior to announcing his intention to release edited transcripts of the subpoenaed White House tapes April 29 1974On April 11 1974 by a 33 3 vote the Judiciary Committee subpoenaed 42 White House tapes of pertinent conversations A week later Jaworski obtained a subpoena from Judge Sirica ordering Nixon to release 64 additional recordings in connection with his case 95 96 Nixon initially wanted to refuse both requests completely but James St Clair along with Dean Burch the counselor to the president and others advised him that such a stance would be untenable politically Consequently Nixon agreed that transcripts of the tapes requested by the Judiciary Committee with certain passages edited or removed would be released but that Jaworski s request for tapes and other documents would be denied Jaworski could be stonewalled for months the president reasoned whereas the committee could not Nixon announced this decision to a national television audience on April 29 97 98 Upon inspecting the transcripts Nixon shocked by several profanity laced discussions among his inner circle ordered that every use of profanity be replaced by EXPLETIVE DELETED 99 The next day April 30 some 1 250 pages of transcripts 100 edited by the president and his aides to remove portions deemed not relevant to the Watergate investigation were made public Of the transcripts released Nixon said They include all the relevant portions of all of the subpoenaed conversations that were recorded that is all portions that relate to the question of what I knew about Watergate or the cover up and what I did about it 101 He further claimed that notwithstanding some ambiguous passages the transcripts as a whole would tell it all and vindicate his narrative of his actions 102 One week later St Clair announced that Nixon would not be providing any more tapes to either the Judiciary Committee or the special prosecutor 103 The released transcripts quickly dominated the news and even the popular culture landscape A few newspapers printed the transcripts in full and two quickly produced paperback books containing them resulting in sales of more than a million copies 104 Also the phrase expletive deleted became a widely used catchphrase 105 More broadly their release marked a turning point in support for the president with the crudity of what was revealed and of what was masked by the repeated phrase expletive deleted beginning an erosion of support among Republicans 106 107 There were six special House elections in 1974 to fill vacant seats Held between February and June they provided the first broad test of public sentiment regarding the scandal plagued Nixon administration Democrats won five of the elections each in a district previously represented by a Republican 108 One Democratic gain was Michigan s 5th district which Gerald Ford had long held before becoming vice president 39 Another was Michigan s 8th district which had not elected a Democrat to Congress in more than 40 years 109 The message for the president and the Republican Party in general was ominous and according to The Almanac of American Politics this streak of Democratic victories helped convince Republicans that Nixon needed to resign 110 Judiciary Committee hearings editThe House Judiciary Committee on May 9 1974 began formal hearings on the impeachment of President Nixon 9 The initial 20 minutes of that day s proceedings were broadcast on the major U S television networks after which the committee met for 10 weeks in closed sessions to receive evidence including the confidential report from the Watergate grand jury and to hear witnesses out of the public eye 64 111 During an interview several days later with columnist James J Kilpatrick President Nixon stated unequivocally that he would not resign Doing so he said knowing that I am not guilty of any offense under the Constitution that is called an impeachable offense would set a bad precedent for future presidents 112 Receiving evidence edit nbsp Peter Rodino chairman of the House Judiciary CommitteeDuring the first phase of the hearings May 9 June 21 the committee s impeachment inquiry staff reported their accumulated evidence on the various charges against the president 113 First detailed evidence was presented showing how President Nixon had obstructed justice and abused presidential power during the investigation of the Watergate break in 114 The staff then turned the committee s attention to evidence that the money given to the Nixon presidential campaign by International Telephone and Telegraph and American Milk Producers contravened campaign finance laws 114 115 Afterwards the committee heard evidence concerning various other acts of alleged wrongdoing on Nixon s part including the unconstitutional impoundment of federal funds appropriated for domestic programs about 18 billion in fiscal year 1973 66 116 violations of the Constitution s Domestic Emoluments Clause Article II Clause 7 and tax fraud 117 In considering whether any one of the various allegations made against the president constituted an impeachable offense the committee focused foremost on Article II Section 4 of the Constitution which specifies the grounds on which a president can be impeached treason bribery and other high Crimes and Misdemeanors During the course of the hearings there was fervent debate about the nature of an impeachable offense under Article II whether only criminally indictable offenses qualified as high crimes and misdemeanors or whether the definition was broader 118 119 Republicans on the committee maintained that a president could be impeached only for committing a serious felony while Democrats asserted that a president could be impeached for severe violations of public trust that are not inherently criminal 120 As the committee began examining the accumulated evidence it concluded that Nixon s edited transcripts did not comply with the terms of the earlier April subpoena 96 121 Two subpoenas were then issued on May 15 for the tape recordings of 11 conversations believed to concern the Watergate case and diaries of Nixon s White House meetings during an eight month period in 1972 and 1973 122 Nixon filled with indignation by the continued succession of demands for additional presidential conversations refused to comply 121 stating in a letter to Chairman Rodino that he had already submitted all material pertinent to his role in the Watergate case Nixon further declared that he would likewise reject any future subpoenas 122 This refusal later became the basis for the committee s third article of impeachment 121 On May 30 the committee responded in a stern letter again informing the president that it was not within his power to decide what evidence should be presented Issued by a vote of 28 10 the letter also warned the president that his continued refusal might lead committee members to draw adverse inferences concerning the substance of the materials that is whether they contained incriminating evidence and that the noncompliance itself might constitute grounds for impeachment Eight Republicans joined the committee Democrats in approving the letter The committee then approved a third subpoena for Watergate related material asking the White House for tapes of 45 conversations and for material from certain White House files related to the break in and cover up only Republican Edward Hutchinson voted against issuing the subpoena 123 At the close of the first phase of the hearings the committee on June 24 issued four more subpoenas for additional White House tapes and materials related to a variety of issues of concern 124 Next on June 27 the president s counsel James St Clair opened President Nixon s impeachment defense before the House Judiciary Committee In Nixon s defense St Clair argued that the president could be impeached only on solid proof of great offenses committed against the government not simply maladministration 125 During this phase of the hearings Republican committee members and St Clair were permitted to name witnesses they wanted to hear from and devise subpoenas they wanted issued but any such requests had to be approved by the full committee meaning the majority had an ability to block said requests if they wanted 126 After a long and contentious debate the committee agreed to hear five such witnesses in closed session John Dean former White House counsel Frederick LaRue a former White House and Nixon re election campaign aide Herbert W Kalmbach Nixon s former personal lawyer Alexander Butterfield former Nixon deputy assistant and Assistant U S Attorney General Henry E Petersen 127 All through the hearings President Nixon attempted to preserve his support in the House by wooing senior figures there including some conservative Democrats by inviting them to White House functions or evening cruises on the presidential yacht USS Sequoia 128 At the same time statements from White House officials grew increasingly more scathing the overall impeachment inquiry was derided as a partisan witch hunt and the committee s proceedings derided as a kangaroo court 129 Additionally finding himself increasingly paralyzed on the domestic front by Watergate Nixon purposefully showcased his foreign affairs acumen 130 by traveling to the Middle East to Brussels for a NATO summit and to the Soviet Union in June 1974 131 In Egypt he met with President Anwar Sadat and was cheered by millions as a result of Secretary of State Henry Kissinger s shuttle diplomacy earlier that year 132 Then in the Soviet Union he and General Secretary Leonid Brezhnev signed the Threshold Test Ban Treaty 131 The White House worked to portray these visits and the president himself as vital to peace and prosperity in that part of the world 132 Unknown to the public at the time Nixon was suffering a potentially fatal case of phlebitis 86 133 White House doctors reportedly tried to persuade Nixon to forego the trip but he insisted there was reportedly speculation among the president s security detail that he was deliberately courting death by insisting on going believing that dramatic end preferable to suffering further Watergate troubles and possible impeachment 134 135 Releasing evidence to public edit nbsp Members and staff of the House Judiciary Committee in 1974On July 9 the Judiciary Committee released its own version of eight of the White House tapes of which Nixon had previously issued his own transcript The committee transcripts benefited from superior playback equipment which restored some of the potentially damaging statements that Nixon staffers had removed or heard differently 136 This was followed three days later by the committee s release of its accumulated evidence which ran to 4 133 pages in all 3 891 pages assembled by the impeachment inquiry staff as well as a 242 page rebuttal by James St Clair but contained neither commentary nor conclusions from the committee 137 Afterward St Clair acknowledged for the first time publicly that a committee vote in favor of impeachment was likely but White House Press Secretary Ron Ziegler said the president remained confident that the full House would not impeach 138 Ten days after arguing the case of United States v Nixon before the U S Supreme Court July 18 1974 St Clair presented his final argument against impeaching the president to the Judiciary Committee A vote to impeach could be justified only by clear and convincing evidence he told the committee because anything less than that in my view is going to result in recrimination bitterness and divisiveness among the people 139 He then attempted to refute the charges related to Nixon s involvement in the Watergate cover up and also outlined the president s position on the various other issues brought before the committee by the inquiry staff In closing St Clair said in light of the complete absence of any conclusive evidence demonstrating Presidential wrongdoings sufficient to justify the grave action of impeachment the committee must conclude that a recommendation of impeachment is not justified 140 For his part Doar who had heretofore maintained a neutral stance on impeachment painted a picture for the committee of a president who by his actions had attempted to subvert the Constitution Speaking about the rule of law and presidential obligations and about the evidence he made the case for articles of impeachment against on charges of obstruction of justice abuse of power for political purposes defying Judiciary Committee subpoenas and tax evasion 64 Reasonable men acting reasonably he said would find the president guilty of misusing the power of his office 141 Afterward Albert Jenner the impeachment inquiry committee s chief minority counsel said he agreed with every word Doar had spoken Infuriated committee Republicans sidelined Jenner on July 22 in favor of assistant minority counsel Sam Garrison 142 A Harris Poll was released in mid July which showed that 53 percent of Americans supported Nixon s impeachment by the House That same poll showed that 47 percent thought he should be convicted in a Senate trial and removed from office and 34 percent thought he should be acquitted 19 percent were undecided 129 A Gallup Poll released July 25 revealed that Nixon s overall job approval rating had slipped to a new low point of 24 percent 143 down considerably from its pre Watergate hearings peak of 67 percent at the end of January 1973 immediately after announcing the Paris Peace Accords 144 United States v Nixon ruling edit In a much anticipated landmark ruling on July 24 1974 the U S Supreme Court ordered President Nixon to release all White House tapes not just selected transcripts pertinent to the Watergate investigation The unanimous ruling in United States v Nixon found that the president of the United States does not possess an absolute unqualified executive privilege to withhold information 8 145 Writing for the court Chief Justice Warren Burger stated 146 We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice The generalized assertion of privilege must yield to the demonstrated specific need for evidence in a pending criminal trial 146 A short while after the decision was made public Nixon issued a statement saying that while disappointed in the result I respect and accept the court s decision and I have instructed Mr St Clair to take whatever measures are necessary to comply with that decision in all respects 147 The president was at the Western White House in California at the time where he remained through July 28 148 Debating accumulated evidence edit nbsp The Judiciary Committee s impeachment hearings received intense press attention Portions were broadcast live on television Ready to consider a resolution to impeach President Nixon the Judiciary Committee resumed public hearings on July 24 the process of debating amending and rewriting the proposal known as markup continued through July 30 As agreed to by the committee two days of general debate were held July 24 25 and then each article of impeachment in the proposed resolution was considered separately 27 The final four day debate on the articles had an estimated television audience of 35 40 million people according to Nielsen ratings with the average U S household watching 1 9 days of the debates for an average of 3 hours 49 minutes 149 Chairman Rodino set the tone for the proceedings in his opening remarks saying We have deliberated We have been patient We have been fair Now the American people the House of Representatives and the Constitution and the whole history of our republic demand that we make up our minds 82 Then the second ranking Democrat on the committee Harold Donohue set the framework introducing the proposed resolution of impeachment which included two draft articles 150 The first accused Nixon of having obstructed justice by participating in the Watergate cover up The second listed a number of alleged abuses of presidential authority 151 Next one by one committee members spoke Democrat Jack Brooks who had been enthusiastically working toward Nixon s impeachment and conviction expressed his hope that Republicans could not any more than Democrats tolerate the flouting of our laws by a president who is constitutionally charged with seeing to faithful execution of the laws 150 He also urged the committee not to waver in its pursuit of the president s impeachment This is not a pleasant duty but it is our constitutional duty he said Its performance may mean ignoring personal and political relationships of long standing But we as well as the president are on trial for how faithfully we fulfill our constitutional responsibility 152 Earlier in July Brooks had drafted and distributed to all members of the committee a strongly worded set of impeachment articles Though strident and partisan they provided the impetus for other Democrats to begin framing articles of their own Further the Brooks articles heavily influenced the set of articles presented to the committee on July 24 129 Because of the part he played in the president s downfall Nixon later called Brooks his executioner 152 Walter Flowers a Southern Democrat from Alabama a state which supported Nixon in 1972 had been leaning against impeachment but after a long struggle he indicated on July 25 that he would vote for impeachment The congressman said I felt that if we didn t impeach we d just ingrain and stamp in our highest office a standard of conduct that s just unacceptable 129 Charles Rangel had a somber yet positive take that day on the proceedings Viewing them as confirmation of the Constitution s soundness he declared Some say this is a sad day in America s history I think it could perhaps be one of our brightest days It could be really a test of the strength of our Constitution because what I think it means to most Americans is that when this or any other president violates his sacred oath of office the people are not left helpless 55 nbsp Representative Barbara Jordan left became nationally known for her eloquence during the Judiciary Committee s impeachment hearings On July 25 1974 Democrat Barbara Jordan delivered a robust speech extolling the U S Constitution and its checks and balances With a booming voice she declared I am not going to sit here and be an idle spectator to the diminution the subversion the destruction of the Constitution 153 Her denunciation of President Nixon s abuses of power stirred the nation 154 and earned her national recognition and praise for her rhetoric genuineness and insight 153 155 The first visible crack in the ranks of Republican committee members opened July 23 when Lawrence Hogan announced that he would vote for impeachment charging that Nixon had lied repeatedly to Congress and to the American people 55 He had frequently defended the president before the committee during the hearings 156 but after reading the transcripts he said describing how he decided to support impeachment it was sobering the number of untruths the deception and the immoral attitudes At that point I began tilting against the president and my conviction grew steadily 129 Reflecting nearly 20 years later Nixon described Hogan s defection as a very bad blow 156 Two days later Republican Hamilton Fish indicated his willingness to support certain articles of impeachment At the very least Fish explained the president is bound not to violate the law not to order others to violate the law and not to participate in the concealment of evidence respecting violations of the law of which he is made aware 157 William Cohen also announced his decision to vote in favor of impeachment saying I have been faced with the terrible responsibility of assessing the conduct of a president that I voted for believed to be the best man to lead this country But a president who in the process by act or acquiescence allowed the rule of law and the Constitution to slip under the boots of indifference and arrogance and abuse 55 Similarly M Caldwell Butler also announced his decision to vote in favor of impeachment saying For years we Republicans have campaigned against corruption and misconduct but Watergate is our shame 55 As the public hearings resumed a coalition composed of Moderate Republicans Fish Butler Cohen and Tom Railsback plus Southern Democrats Walter Flowers James Mann and Ray Thornton began crafting articles of impeachment on abuse of power and obstruction of justice Their work ensured that the wording of the committee s final set of articles would have solid bipartisan support 129 150 Other Republicans on the committee however looked at the evidence but concluded that it did not meet their standards for impeachment Wiley Mayne for one contended that the case against Nixon was circumstantial nothing but a series of inferences piled upon other inferences 129 Even so he was critical of the administration s moral tone when he spoke on July 25 saying he certainly deplored the sorry example which was set by the chief executive in his personal as well as his official conduct 158 Nixon s Republican defenders had from the start of the impeachment hearings construed the evidence as narrowly as possible demanded ironclad proof and offered innocuous interpretations of information damaging to the president 159 Continuing that strategy during the televised debate Charles W Sandman Jr asserted on July 24 that those advocating impeachment had failed to provide decisive evidence that the president had committed an impeachable offense During his opening speech he said If somebody for the first time in seven months gives me something that is direct I will vote to impeach 160 The next day Charles E Wiggins perhaps President Nixon s strongest defender during the House proceedings eloquently sought to reinforce the message that there was no specific evidence directly linking Nixon to any criminal act 161 declaring Simple theories of course are inadequate He then added That is not evidence A supposition however persuasive is not evidence A bare possibility that something might have happened is not evidence 162 By contrast committee Democrats and pro impeachment Republicans pointed to specific presidential acts and conversations they considered solid evidence In doing so they frequently turned to transcripts of taped presidential conversations to read back Nixon s own words 163 Among them was Democrat Elizabeth Holtzman who recited quote after quote to frame her argument 162 At the close of the marathon two day general debate Rodino said publicly for the first time that he would recommend the adoption of the articles of impeachment By then it was clear that a sizable bipartisan majority of Judiciary Committee members were prepared to support the resolution formally proposing the impeachment of President Nixon all 21 Democrats plus six Republicans according to The New York Times 162 As the committee pressed ahead the next day to consider its proposed articles of impeachment Deputy White House Press Secretary Gerald Lee Warren noted that Nixon was virtually resigned to the likelihood that the committee would recommend impeachment with a bipartisan majority But nonetheless he added Our belief is that the House will not vote out a bill of impeachment 164 Debating articles of impeachment edit Obstruction of justice edit At the outset of the committee s proceedings on July 26 Paul Sarbanes offered a substitute for Harold Donohue s first article of impeachment Formulated through negotiations between liberal Democrats led by Jack Brooks and the Southern Democrat Moderate Republican coalition group it passed following two days of impassioned debate by a 27 11 margin with six Republicans voting in favor along with all 21 Democrats 64 The article alleged that the president had worked with subordinates to delay impede and obstruct the investigation into the Watergate break in to cover up conceal and protect those responsible and to conceal the existence and scope of other unlawful covert activities 6 As debate on the article commenced Republican opponents of impeachment complained that the article was unfair because it did not contain specificity regarding the details of the obstruction of justice charge the dates names and events on which it was based One after another they challenged those who would impeach to come up with more details in purposeful conversations to be linked together as part of a concerted plan by Nixon to obstruct justice 64 165 Use of the term became a focal point as the New York Times reported For two days the 38 members of the House Judiciary Committee have argued and quibbled and sometimes shouted about the meaning of the word specificity 166 The question in part revolved around how much of the Constitution s requirements for due process and legal notice applied to an impeachment proceeding as well as around evolving standards regarding the level of detail in criminal indictments in general 166 Charles Sandman was one of those most vocal in demanding the specifics for each alleged obstructing act He led the Republican opposition against the nine subsections of the Sarbanes proposal one by one 167 His objective was to maneuver those favoring impeachment into divisive arguments over what particulars to include 158 The specificity argument by the Nixon defenders appeared effective which initially led some proponents of the article to worry 168 169 but ultimately caused them to rally 168 169 John Doar distributed a list of brief discussion points detailing the evidence against the president which one Democrat after another used to enumerate Nixon s misdeeds when it was their turn at the microphones 64 Proponents of the article also persistently countered arguments about the lack of specific details of the alleged obstruction of justice by stating that the supporting facts should and would be included in the committee s final report rather than jammed into the article itself 129 Ultimately the specificity tactic proved ineffective and was abandoned 129 In acknowledging the reality of the situation Sandman lamented on July 28 that There is no way the outcome of this vote is going to be changed by debate 167 In the end the solid bipartisan vote in favor of the first article which transcended ideological alliances put to rest the charge that the committee s proceedings were nothing more than a partisan vendetta against the president 39 170 Article I vote July 27 1974Adopted 27 11 Democrats 21 yes 0 no Republicans 6 yes 11 no dd Abuse of presidential power edit On July 29 William Hungate offered a substitute for Donohue s second article of impeachment Formulated through the same process as the first article substitute it passed following a spirited debate by a 28 10 margin with seven Republicans voting yes along with all 21 Democrats 171 The article stated that the president had repeatedly engaged in conduct violating the constitutional rights of citizens by impairing the due and proper administration of justice and the conduct of lawful inquiries 6 Moreover it asserted that the president had violated his constitutional oath of office and failed in his duty to take care that the nation s laws are faithfully executed by 171 Attempting to use the Internal Revenue Service to initiate tax audits or obtain confidential tax data for political purposes 171 Using a national security cover for a series of secret wiretaps against government officials newsmen and the president s brother Donald Nixon 171 Establishing the White House special investigations unit later dubbed the plumbers for covert and unlawful activities that included the 1971 burglary of the office of a psychiatrist in search of information to defame Daniel Ellsberg for his part in publication of the Pentagon Papers 171 Failing to act on the knowledge that close subordinates had sought to impede justice in the Watergate case and related matters 171 Knowingly misusing the power vested in his office to interfere with activities of the Federal Bureau of Investigation the Central Intelligence Agency the Department of Justice and the Watergate special prosecutor 171 In support of the president s impeachment George E Danielson made a forceful argument for Article II calling it the most important article this committee may pass out He went on to say that The offenses charged are uniquely presidential offenses No one else can commit them Only the president can violate the oath of the office of president Only the president can harm the presidency 172 Also supporting Article II after opposing Article I was the committee s second ranking Republican Robert McClory whose view it was that the article really gets at the crux of the committee s responsibility for holding the president accountable for his actions while in office 173 Its inclusion in the impeachment resolution would he said aid future Presidents to know this Congress and this House Judiciary Committee will hold them to an oath of office and an obligation to see that the laws are faithfully executed 171 Though there was no doubt that the article would be approved Nixon s stalwart Republican defenders continued to press the president s case 174 Edward Hutchinson accused the Democrats of building their case on cherry picked events from the Nixon presidency asking rhetorically Is it really fair Does it depict the whole truth to examine the entire record of this administration and to cull from that huge mass of official actions this relative handful of specific allegations and derive from them the proposition that the President s conduct has been repeatedly unlawful 172 Charles Wiggins questioned whether abuses of power fell within the Constitutional definition of high crimes and misdemeanors He warned that Adoption of such an article would embed in our constitutional history for the first time the principle that a president may be impeached because of the view of Congress that he has abused his powers although he may have acted in violation of no law 172 He also attempt to narrow the scope and gut key allegations but every amendment he proposed was easily defeated by the substantial bipartisan majority favoring the article 174 Article II vote July 29 1974Adopted 28 10 Democrats 21 yes 0 no Republicans 7 yes 10 no dd Contempt of Congress edit On July 30 the final day of its impeachment debate Article III charging Nixon with contempt of Congress for his defiance of eight Judiciary Committee subpoenas issued during April May and June 1974 was introduced by Robert McClory and was approved by a narrow 21 17 margin 175 The president s refusal to comply with federal court and congressional subpoenas had been included among the various charges of abuses of authority in the initial version of Article II but was absent from the substitute 162 Proponents argued that Nixon s consistent stonewalling constituted an impeachable offence as it threatened to diminish the House s constitutional impeachment power McClory argued that the claim of executive privilege has no place in an impeachment inquiry Opponents argued that the dispute over access to evidence should have been handled either through the courts or by seeking a House citation for contempt of Congress 176 177 Seven Republicans who had been part of the bipartisan coalition driving the first two articles returned to the party fold one Tom Railsback warned that the Democratic majority appeared bent on political overkill by considering additional articles 175 178 Article III vote July 30 1974Adopted 21 17 Democrats 19 yes 2 no Republicans 2 yes 15 no dd Cambodia bombing war powers edit Next John Conyers introduced an article charging that Nixon had intentionally concealed the facts from Congress and had submitted to Congress false and misleading statements concerning the existence scope and nature of American bombing operations in Cambodia in disregard of Congress s constitutional power to declare war 179 180 Conyers an outspoken Nixon critic and number 13 on Nixon s Enemies List argued that the president s desire to cover up the facts of the bombing campaign was another example of the issue underlying all of the acts of presidential wrongdoing that have been debated thus far 181 The article failed to gain widespread support however and was defeated 12 26 Nine Democrats including Rodino along with all 17 Republicans voted against it 175 182 While no one challenged the veracity of the allegations contained in the article it failed Conyers later observed because condemning the Cambodian bombing would also have required us to indict previous administrations and to admit that the Congress has failed to fully meet its own constitutional obligations 179 Those opposed to including the article raised compelling arguments pointing out that key congressional leaders of both political parties had been privy to the information and had neither said anything to the rest of Congress nor done anything about it contending that the president s actions had been appropriate uses of his power as Commander in chief and noting that this particular congressional authority versus presidential authority dispute had already been addressed by the War Powers Resolution passed over Nixon s veto one year earlier Another factor working against the proposal was the realization that putting the Cambodia article before the full House would interject the volatile issue of the role of the U S military in the Vietnam War into the impeachment debate 180 181 Article IV vote July 30 1974Rejected 12 26 Democrats 12 yes 9 no Republicans 0 yes 17 no dd Emoluments and tax fraud edit Lastly Edward Mezvinsky introduced an article charging that improvements made to Nixon s private homes at San Clemente California and Key Biscayne Florida at government expense constituted a violation of the Domestic Emoluments Clause and also that his acknowledged underpayment of federal income taxes between 1969 and 1972 constituted willful tax evasion 175 180 Mezvinsky asserted that Nixon took advantage of the Presidency to avoid paying proper taxes Nixon s malfeasance since entering office was a serious threat to our tax system he said because we expect the law to be applied equally to every taxpayer 181 After a debate scheduled by the committee s leaders so as to reach the prime time television audience the article was rejected also by a 12 26 margin 175 182 Those opposed to its inclusion as part of the impeachment resolution raised several objections On the emoluments charge they pointed out that the property improvements made at the president s Florida and California residences had been made at the request of the U S Secret Service and contended that there was no direct evidence to show that the president knew that government money was being spent on the projects On the taxes charge it was argued that there was insufficient evidence to prove an intent to defraud and that the alleged crime was not an impeachable offense as it did not involve an abuse of presidential power 180 181 Article V vote July 30 1974Rejected 12 26 Democrats 12 yes 9 no Republicans 0 yes 17 no dd Text of articles reported to the House editThe Judiciary Committee agreed to three articles of impeachment against President Nixon Together they were a sharp rebuke of his conduct in office as each one concluded with the same declaration that 2 73 In all of this Richard M Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States Wherefore Richard M Nixon by such conduct warrants impeachment and trial and removal from office 2 73 The committee finished its work on July 30 1974 two years one month and 13 days after the Watergate break in 178 By its diligence and the bipartisan magnitude of its vote Time Magazine wrote a few days later the House Judiciary Committee has virtually assured a substantial bipartisan vote for impeachment in the full House That in turn is sure to have an impact on the Senate as will public opinion 129 Article I edit Article I charging Nixon with obstruction of justice alleged in part that 2 73 On June 17 1972 and prior thereto agents of the Committee for the Re election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington District of Columbia for the purpose of securing political intelligence Subsequent thereto Richard M Nixon using the powers of his high office engaged personally and through his close subordinates and agents in a course of conduct or plan designed to delay impede and obstruct the investigation of such illegal entry to cover up conceal and protect those responsible and to conceal the existence and scope of other unlawful covert activities 2 73 The article also specified nine ways by which the president was alleged to have carried out the plan to obstruct the investigation 167 Article II edit Article II charging Nixon with abuse of power alleged in part that 2 73 Using the powers of the office of President of the United States Richard M Nixon in violation of his constitutional oath faithfully to execute the office of President of the United States and to the best of his ability preserve protect and defend the Constitution of the United States and in disregard of his constitutional duty to take care that the laws be faithfully executed has repeatedly engaged in conduct violating the constitutional rights of citizens impairing the due and proper administration of justice and the conduct of lawful inquiries or contravening the laws governing agencies of the executive branch and the purposes of these agencies 2 73 The article also cited five specific examples of alleged misconduct to substantiate this charge against the president 171 Article III edit Article III charging Nixon with contempt of Congress alleged in part that 2 73 In his conduct of the office of President of the United States Richard M Nixon contrary to his oath faithfully to execute the office of President of the United States and to the best of his ability preserve protect and defend the Constitution of the United States and in violation of his constitutional duty to take care that the laws be faithfully executed has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives on April 11 1974 May 15 1974 May 30 1974 and June 24 1974 and willfully disobeyed such subpoenas The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental factual questions relating to Presidential direction knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President In refusing to produce these papers and things Richard M Nixon substituting his judgment as to what materials were necessary for the inquiry interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by the Constitution in the House of Representatives 2 73 Nixon s support in Congress deteriorates editDespite a triple whammy of events in late July the widely covered Judiciary Committee hearings the Supreme Court s order to surrender the tapes and six Republican defections Nixon according to White House Chief of Staff Alexander Haig had not changed one iota his sense of self confidence and sense of determination to see this thing through 148 He was closely studying the possible vote counts that impeachment in the House or trial in the Senate would get Henry Kissinger later sympathetically described the president at this time as a man awake in his own nightmare 183 Republican leaders in Congress were also estimating vote counts During a July 29 meeting between House Minority Leader John Rhodes and Senate Minority Leader Hugh Scott Rhodes estimated that impeachment in the House would get as many as 300 votes well more than the 218 needed and Scott surmised that there were 60 votes for conviction in the Senate a little short of 67 necessary Both felt that the situation was deteriorating for the president 184 Public support for the president was also deteriorating A Harris Poll completed August 3 found that two thirds 66 of the American public believe that President Nixon should be impeached over Watergate scandals and tried The pro impeachment total had increased by 13 percentage points during the course of the Judiciary Committee s televised debate and votes on the articles of impeachment 185 Arrangements for impeachment vote and trial edit On August 2 the House Rules Committee announced that the Judiciary Committee s report on the three articles of impeachment would be completed by August 8 and that the House would begin debating them on August 19 186 The Washington Post reported on August 7 that the members of the Democratic and Republican leadership had agreed informally to cut in half the time for debating impeachment on the House floor Thus the televised debate would have lasted for one week rather than two 187 Soon after the Judiciary Committee approved the first article of impeachment Senate Majority Leader Mike Mansfield and Senator Scott met to start planning for a likely impeachment trial 186 The 100 senators would have served as jurors with Chief Justice Burger presiding a group of House members would have served as prosecutors with Nixon s lawyers defending 167 Following a delay to give the president time to prepare 167 the actual trial according to Senator Jacob Javits was unlikely to start before November and might run well into January 1975 188 Francis R Valeo the secretary of the U S Senate was put in charge of making the arrangements It was decided that there would be television coverage of the trial and technical preparations and discussions of specific ground rules for the press and the public were underway 189 Because Nixon might be forced to be in attendance during the Senate proceedings Kissinger came up with plans to form a small group to manage the government in the president s place to be composed of a few top Cabinet officers and congressional leaders as well as Chief of Staff Haig 188 The smoking gun tape edit source source source Nixon Oval Office meeting with H R Haldeman the smoking gun conversation June 23 1972President Nixon complied with the Supreme Court order to deliver all subpoenaed tape recordings to Watergate investigators on July 30 7 White House secretaries prepared verbatim transcripts and in accordance with Judge Sirica s order copies went to St Clair who had not previously listened to any of the tapes as Nixon had never granted him access 190 When transcripts were made public on August 5 a conversation on one recorded June 23 1972 only a few days after the break in at the Democratic National Committee offices proved that Nixon s assertion of having had no involvement in the cover up was a lie 191 192 The tape later known as the smoking gun tape documented the initial stages of the Watergate cover up On it Nixon and then Chief of Staff H R Haldeman are heard formulating a plan to block investigations by having the CIA falsely claim to the FBI that national security was involved This demonstrated both that Nixon had been told of the White House connection to the Watergate burglaries soon after they took place and that he had approved plans to thwart the investigation 17 96 In a statement accompanying the release of the tape Nixon accepted blame for misleading the country about when he had been told of White House involvement saying he had a lapse of memory 191 193 Political fallout edit The following morning August 6 Nixon attempted to rally his Cabinet s continued support In my opinion and in the opinion of my counsel I have not committed any impeachable offense he asserted Therefore he declared the constitutional process should be followed out to the end wherever the end may be 190 In response Vice President Ford who had been crisscrossing the nation for months speaking in defense of the president 194 told Nixon that while he would continue to support Nixon s policies he would no longer speak to the media or to the public on the subject of impeachment 195 Ford had issued a statement the previous evening saying he would respectfully decline to discuss impeachment matters in public or in response to questions until the facts are more fully available 194 Confronted with the incontrovertible fact that Nixon had played a leading role in the Watergate cover up from its initial stages the ranks of Nixon s defenders in Congress thinned rapidly 17 Various Senate Republicans expressed their shock or outrage and echoed the growing sentiment favoring the president s resignation 196 In a pointed statement Robert P Griffin the assistant minority leader urged the president to resign saying I think we ve arrived at a point where both the national interest and his own Nixon s interest would best be served by resigning 197 Nixon needed 34 votes to avoid conviction and removal However Bob Dole of Kansas speculated that if the president had 40 votes for acquittal in a Senate trial a week ago he had no more than 20 today 198 Additionally John Tower of Texas said a tentative decision had been made to send a delegation to the president to advise him of the strong sentiment among Republicans for retirement and to warn him that he will very likely be convicted in the Senate if he does not resign first 196 Barry Goldwater of Arizona agreed later that day to lead the delegation 39 nbsp Senators Scott and Goldwater and Representative Rhodes hold an informal press conference following their August 7 meeting with the presidentThere was a continuous barrage of similar public declarations throughout the day by various House Republicans Wiggins said that the facts then known to me have now changed and it was now clear to him that the president had a plan of action to cover up the break in For Wiggins this was more than enough to sustain at least one count against the president of conspiracy to obstruct justice 161 He urged Nixon to resign saying that a protracted impeachment trial would not be in the nation s interest While he announced he would vote to impeach Nixon for obstruction of justice he would oppose the other two articles out of concern that they would set unfortunate historical precedents 199 On August 2 Haig and St Clair had invited Wiggins to review the transcripts prior to their release Upon reading them Wiggins concluded that they proved Nixon was involved in the cover up In Wiggins view this meant Nixon s cause in the House was hopelessly lost and probably lost in the Senate as well 190 200 The decision of Nixon s staunchest defender on the Judiciary Committee to vote for impeachment was underlined in The New York Times headline of August 7 Wiggins for Impeachment Others in G O P Join Him 161 The nine other Republicans on the Judiciary Committee who had voted against every article of impeachment gave indication that they would vote to impeach Nixon for obstruction of justice when the vote was taken in the full House 198 This included some of Nixon s previously staunch supporters David W Dennis of Indiana said that Nixon had destroyed his credibility with his defenders on the committee while Del Latta of Ohio lamented that the tapes made it obvious that we certainly weren t given the truth by the White House 161 Devastating impeachable Sandman told reporters now having the specificity he had demanded during the hearings 190 Ranking member Hutchinson announced he would support impeachment with a heavy heart 190 Minority Leader Rhodes said that while he admired Nixon s accomplishments cover up of criminal activity and misuse of federal agencies can neither be condoned nor tolerated For this reason Rhodes said when the roll is called in the House of Representatives I will vote aye on impeachment 201 Among the few Republicans on Capitol Hill who still defended the president following the smoking gun revelation was Senator Carl Curtis who implored Congress not to panic He warned that the United States would become like a banana republic if Nixon was ousted in favor of Vice President Ford who in turn would then select someone to fill the vice presidential slot He said this would mean both Ford and the new Vice President would be men who hadn t been elected to their high office but merely nominated by a president under procedures for filling the vice presidency when it is vacant 196 Congressman Earl Landgrebe did as well declaring Don t confuse me with the facts I ve got a closed mind I will not vote for impeachment I m going to stick with my president even if he and I have to be taken out of this building and shot 202 During the late afternoon of August 7 Senators Goldwater and Scott and Congressman Rhodes met with Nixon in the Oval Office and told him his support in Congress had all but disappeared 203 Scott told reporters afterward that they did not pressure Nixon to resign but simply told the president that the situation is very gloomy on Capitol Hill 204 Rhodes told the president he would face certain impeachment when the articles came up for vote in the full House By Majority Leader O Neill s estimate no more than 75 representatives were willing to vote against the obstruction of justice article 203 Goldwater and Scott told the president that not only were there enough votes in the Senate to convict him but that no more than 15 or so senators were willing to vote for acquittal 39 204 Goldwater later wrote that as a result of the meeting Nixon knew beyond any doubt that one way or another his presidency was finished 205 That night Nixon finalized his decision to leave office 192 203 Resignation and conclusion edit source source track Nixon announces that he will resign nbsp President Nixon and the first lady in pink leave the White House accompanied by Vice President Ford and the second lady August 9 1974 shortly before Nixon s resignation became effectiveNixon met with Vice President Ford the following morning August 8 to inform Ford of his intention to resign from office 192 and met with congressional leaders that evening to give them formal notice 38 Next he met briefly with a group of longtime congressional friends and then he informed the nation 192 Several days earlier in advance of the release of the tapes on August 5 presidential speechwriter Ray Price had prepared two draft speeches for the president one a refusal to resign speech and the second a resignation speech 206 The latter served as the first draft of the speech Nixon delivered live on radio and television from the Oval Office that night 193 In his address Nixon said he was resigning because I have concluded that because of the Watergate matter I might not have the support of the Congress that I would consider necessary to back the very difficult decisions and carry out the duties of this office in the way the interests of the nation would require He also stated his hope that by resigning I will have hastened the start of that process of healing which is so desperately needed in America He then went on to review the accomplishments of his presidency especially in foreign policy 207 208 Nixon acknowledged that some of his judgments were wrong and he expressed contrition saying I deeply regret any injuries that may have been done in the course of the events that led to this decision The speech contained no admission of wrongdoing however nor did it mention the articles of impeachment pending against him 17 209 Protesters outside the White House along Pennsylvania Avenue shouted jail to the chief throughout the night 192 On the morning of August 9 1974 after an emotional farewell to his Cabinet members and staff Nixon and his family left the White House for San Clemente California He left behind a signed letter of resignation addressed to Secretary of State Kissinger as required by the Presidential Succession Act of 1792 192 thereby becoming the first U S president to resign from office 6 17 His presidency officially ended at 11 35 am when Kissinger received the letter and Ford s began 210 A short while later in the East Room of the White House Ford was sworn into office by Chief Justice Burger declaring our long national nightmare is over 211 Following Nixon s resignation the impeachment process against him was formally concluded 1 On August 20 the House voted to accept the final Judiciary Committee report by a vote of 412 to 3 with Republican Earl Landgrebe plus Democrats Otto Passman and Sonny Montgomery casting the only no votes 212 213 The 528 page report published on August 22 laid out in detail what it called the clear and convincing evidence against Nixon It also contained a statement from the committee s Republican members who had originally opposed impeachment stating for the record that Nixon had not been hounded from office but rather had destroyed his own presidency through his patterns of deceit 214 Aftermath editThough Nixon had not faced impeachment by the full House or a conviction by a Senate trial criminal prosecution was still a possibility at both the federal and state levels 215 216 Concerned about Nixon s well being and worried that the ugly passions aroused by the Watergate scandal would rise again during a lengthy Nixon prosecution on September 8 1974 President Ford granted Nixon a pardon for all crimes he had committed or may have committed or taken part in as president 17 213 217 Nixon was initially reluctant to accept the pardon because he did not want to admit guilt 218 but then agreed to do so In his official acceptance of the pardon Nixon said that he was wrong in not acting more decisively and more forthrightly in dealing with Watergate particularly when it reached the stage of judicial proceedings and grew from a political scandal into a national tragedy 219 Public opinion at the time of the pardon was negative according to a September 6 9 1974 Gallup Poll which found that only 38 percent of Americans said Ford should pardon Nixon while 53 percent said he should not 220 Numerous congressional Democrats issued statements critical of the pardon and in light of it some even sought to reopen the impeachment process against the former president Specifically Judiciary Committee members Jerome Waldie George Danielson and Don Edwards spoke of pressing the committee to pursue the outstanding subpoenas in order to bring all the evidence out into the open and to complete the formal record of Nixon s wrongdoing while in office Chairman Rodino however declared that impeachment is dead forestalling such a move 221 The following month Ford appeared voluntarily before the Judiciary Committee s Subcommittee on Criminal Justice to explain the reasons behind the pardon 222 Two years later lingering public resentment over the Nixon pardon was a factor in Ford s narrow loss to Democratic Party nominee Jimmy Carter in the 1976 presidential election 217 Nationwide the 1974 midterm election was a landslide victory for the Democratic Party In the House Democrats won 49 seats previously held by Republicans and increased their majority above the two thirds mark Altogether there were 93 freshmen representatives in the 94th Congress when it convened on January 3 1975 76 of them Democrats Those elected to office that year later came to be known collectively as Watergate Babies 223 Several Republican Judiciary Committee members were defeated in the 1974 elections by their Democratic opponents Chief among them was Charles Sandman who was soundly defeated by William J Hughes 55 Also defeated were David W Dennis losing to Philip Sharp Wiley Mayne losing to Berkley Bedell Harold Vernon Froehlich losing to Robert John Cornell and Joseph J Maraziti losing to Helen Stevenson Meyner 224 225 Regarding the Judiciary Committee s process and its momentous recommendation that President Nixon be impeached and removed from office Rodino in a 1989 interview with Susan Stamberg of National Public Radio said 82 Notwithstanding the fact that I was a Democrat notwithstanding the fact that there were many who thought that Rodino wanted to bring down a president as a Democrat you know he was our president And this is our system that was being tested And here was a man who had achieved the highest office that anyone could gift him with you know And you re bringing down the presidency of the United States and it was a sad sad commentary on our whole history and of course on Richard Nixon 82 See also editList of efforts to impeach presidents of the United States List of federal political scandals in the United StatesNotes edit Andrew Johnson was the only U S president prior to Richard Nixon to be the subject of a formal House of Representatives impeachment inquiry however five previous presidents John Tyler Andrew Johnson Grover Cleveland Herbert Hoover and Harry S Truman had proposed articles of impeachment filed against them in the House 2 The two U S presidents since Nixon who have been the subject of a formal House impeachment inquiry are Bill Clinton in 1998 trial in 1999 and Donald Trump in 2019 trial in 2020 and again in 2021 5 Prior to the Watergate break in in May 1972 during the 92nd Congress three Vietnam War related impeachment resolutions were introduced in the House against President Nixon a general resolution without specific charges introduced by William Ryan plus two identical four count resolutions from John Conyers These were referred to the House Judiciary Committee no further action on the resolutions is recorded 2 28 On November 21 1973 special White House counsel for Watergate matters Fred Buzhardt informed Judge John Sirica that one of the tapes contained an 18 minute erased gap 40 The White House also reported that two other tapes were missing 7 President Nixon nominated House Minority Leader Gerald Ford to succeed Vice President Spiro Agnew on October 12 1973 under terms of the Twenty fifth Amendment Section 2 The Senate voted 92 to 3 to confirm Ford s nomination on November 27 1973 and the House voted to confirm him on December 6 1973 by a vote of 387 to 35 44 Seven liberal Democrats were identified by The New York Times as impeachment zealots Nixon antagonists eager to find grounds upon which to impeach the president Jack Brooks Robert Kastenmeier Don Edwards John Conyers Jerome Waldie Robert Drinan and Charles Rangel 59 The decision to bypass the existing committee structure and the members staff notes historian Stanley Kutler resulted in unnecessary rivalries and eventually colored the relationship between Doar and the congressmen 62 The 1974 Constitutional Grounds for Presidential Impeachment has subsequently been used as a guidebook during two House presidential impeachment inquiries against Bill Clinton in 1998 and against Donald Trump in 2019 76 Leon Jaworski s report remained sealed until October 11 2018 when a federal judge ordered its release with limited redactions 88 References edit a b Rosenbaum David E August 21 1974 House Formally Concludes Inquiry Into Impeachment The New York Times p 20 Retrieved November 12 2019 a b c d e f g h i j k l Stathis amp Huckabee 1998 Cole amp Garvey 2015 Roos David December 19 2019 Originally published October 21 2019 How Many US Presidents Have Faced Impeachment history com A amp E Television Networks Retrieved December 29 2019 a b Crary David September 24 2019 A look at past impeachment proceedings and how they ve ended PBS NewsHour AP Retrieved November 12 2019 a b c d Silverstein Jason December 19 2019 Originally published November 15 2019 What have presidents been impeached for The articles of impeachment for Andrew Johnson Richard Nixon Bill Clinton and Donald Trump CBS News Retrieved December 29 2019 a b c d e A burglary turns into a constitutional crisis CNN June 16 2004 Retrieved May 13 2014 a b c d e van der Voort Tom June 16 2017 Watergate The Cover Up The Presidency Educational Resources Charlottesville Virginia The Miller Center University of Virginia Retrieved October 17 2019 a b c d Watergate and the White House The Third rate Burglary That Toppled a President U S News amp World Report New York New York U S News amp World Report LP August 8 2014 Originally published August 19 1974 Retrieved January 15 2020 Small 1999 pp 105 106 Overview The Coverage Explained Gavel to Gavel The Watergate Scandal and Public Television American Archive of Public Broadcasting Retrieved October 13 2019 Baym 2003 Senate Hearings Overview fordlibrarymuseum gov Retrieved October 17 2017 Ripley Anthony May 19 1973 Archibald Cox Appointed Prosecutor for Watergate The New York Times p 77 Retrieved October 15 2019 Small 1999 pp 282 284 Small 1999 pp 285 287 a b c d e f g Nixon Resigns The Washington Post The Watergate Story Retrieved July 16 2011 a b The Senate Sues The New York Times New York New York August 12 1973 p 174 Retrieved October 28 2019 a b Oelsner Lesley October 13 1973 Judges Rule 5 2 The New York Times p 1 Retrieved December 19 2019 Ambrose 1991 p 226 Woodward amp Bernstein 2005 pp 62 71 Kutler 1990 pp 402 405 Ambrose 1991 pp 241 245 Woodward Bob Bernstein Carl February 9 2018 Woodward and Bernstein Nixon fired the man investigating him Will Trump The Washington Post Retrieved November 1 2019 via The Salt Lake Tribune Reeves 2001 p 605 Kilpatrick Carroll October 21 1973 Nixon Forces Firing of Cox Richardson Ruckelshaus Quit President Abolishes Prosecutor s Office FBI Seals Records The Washington Post p 1 Retrieved October 17 2019 a b Rybicki amp Greene 2019 a b Hunter Marjorie August 1 1973 House Gets Impeach Nixon Resolution The New York Times p 23 a b Farrell John A January 12 2019 What History Can Teach Democrats About Impeachment politico com Archived from the original on October 24 2019 Retrieved October 15 2019 a b Feeney Mark January 28 2007 Rev Drinan first priest elected as voting member of Congress dies The Boston Globe Retrieved October 12 2019 Apple 1973 pp 61 65 Book Explaining Impeachment Published by House Committee The New York Times October 21 1973 p 52 Retrieved October 14 2019 a b Shapiro Walter December 29 2017 Lessons From Saturday Night Massacre for Trump and Democrats rollcall com Retrieved October 21 2019 Gormley 1997 pp 361 362 Senate Hearings People Archibald Cox 1912 0 fordlibrarymuseum gov Retrieved October 17 2017 Hudiburg amp Davis 2018 Impeachment Resolution Arkansas City Traveler Arkansas City Kansas October 23 1973 p 1 Retrieved October 15 2019 via Newspaper Archive a b c d Albert 1990 pp 363 366 a b c d e Nevin 2017 Glass Andrew November 20 2016 Gap on key Watergate tape revealed Nov 21 1973 politico com Retrieved November 3 2019 Nixon Backs Down After A Firestorm of Protest PDF The San Francisco Chronicle October 28 1973 Retrieved October 31 2019 via The Weisberg Collection Hood College Frederick Maryland Herbers John November 2 1973 Nixon Names Saxbe Attorney General Jaworski Appointed Special Prosecutor The New York Times p 1 Retrieved November 2 2019 Battle for the Tapes Timeline fordlibrarymuseum gov Retrieved October 17 2019 a b c On this day the 25th Amendment gets its first test Constitutional Daily Philadelphia Pennsylvania National Constitution Center November 27 2019 Retrieved January 20 2020 Ambrose 1991 p 253 Gup Ted November 28 1982 Speaker Albert Was Ready to Be President The Washington Post Retrieved October 15 2019 a b Naughton James M October 31 1973 House Panel Starts Inquiry On Impeachment Question The New York Times p 1 Retrieved October 22 2019 Shipkowski Bruce May 8 2005 Peter Rodino Jr 96 led hearing on Nixon impeachment The Boston Globe AP Retrieved October 25 2019 a b c d Woodward amp Bernstein 2005 pp 113 114 Madden Richard L November 5 1973 Brooke Appeals To Nixon To Resign For Nation s Sake The New York Times p 1 Retrieved October 15 2019 Jones Glyn November 10 1973 ACLU Would Impeach Nixon Greenfield Recorder Deerfield Massachusetts Pocumtuck Valley Memorial Association L06 052 Retrieved October 16 2019 via Online Collection Memorial Hall Museum Impeachment Book Offered By A C L U The New York Times November 25 1973 p 84 Retrieved October 15 2019 Rishe Eugene November 18 1973 President Nixon I am not a crook UPI Retrieved November 7 2019 Ambrose 1991 pp 271 272 a b c d e f Greve Joan E August 5 2014 What Richard Nixon s Impeachment Looked Like Time Retrieved October 17 2019 Black 2007 p 942 Woodward amp Bernstein 2005 pp 102 105 Herbers John December 4 1973 State of Nixon s Health Is a Dimension of Watergate Affair Constantly Being Gauged The New York Times p 36 Retrieved November 21 2019 a b Naughton James M April 28 1974 The 38 who weigh Nixon s fate The New York Times p 289 Retrieved November 17 2019 a b c d Woods 2000 Man in the News A Hard Working Legal Adviser John Michael Doar The New York Times December 21 1973 p 20 Retrieved November 6 2016 a b Kutler 1990 p 480 Engel et al 2018 p 97 a b c d e f Naughton James M August 5 1974 How a Fragile Centrist Bloc Emerged As House Panel Weighed Impeachment The New York Times Based on reporting by the author R W Apple Jr Diane Henry Marjorie Hunter and David E Rosenbaum p 49 Retrieved December 18 2019 a b c d e f Kovach Bill March 10 1974 Big Impeachment Inquiry Staff Is Quietly Writing U S History The New York Times p 46 Retrieved October 28 2019 a b Weld Bill September 28 2011 An Oral History Interview with William Weld PDF Richard Nixon Oral History Project Interview Interviewed by Timothy Naftali Yorba Linda California Richard Nixon Presidential Library and Museum Retrieved October 30 2019 Samuelson Darren August 8 2019 Hillary wades into impeachment in Watergate interview Politico Retrieved November 3 2019 Pazzanese Christina October 11 2019 Clinton Nixon and lessons in preparing for impeachment The Harvard Gazette Cambridge Massachusetts Harvard University Retrieved January 21 2020 a b G O P Counsel on Impeachment The New York Times July 23 1974 p 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Rosenbaum David E April 26 1974 Doar Says Inquiry Is Concentrating on 7 Areas of Allegations Against Nixon New York Times p 20 Retrieved January 10 2020 a b c d e f Block Melissa May 9 2005 Watergate Figure Peter Rodino Dies Morning Edition NPR Retrieved September 29 2019 Ripley Anthony March 2 1974 Federal Grand Jury Indicts 7 Nixon Aides On Charges Of Conspiracy On Watergate Haldeman Ehrlichman Mitchell On List The New York Times p 1 Retrieved October 12 2019 Black 2007 p 948 Bernstein amp Woodward 2014 pp 335 336 a b Reeves 2001 p 608 Watergate and the Constitution Background Educator Resources Washington D C National Archives and Records Administration August 15 2016 Retrieved October 31 2019 Judge orders partial release of Watergate road map politico com Politico October 11 2018 Retrieved October 12 2018 Hsu Spencer S October 31 2018 U S archivists release Watergate report that could be possible road map for Mueller The Washington Post Retrieved October 12 2019 Savage Charlie 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2017 Adams Cydney April 29 2016 April 29 1974 Nixon announces release of Watergate tapes CBS News Retrieved November 13 2019 James Wieghart April 30 1974 President Richard Nixon announces release of transcripts of Watergate tapes New York Daily News Engel et al 2018 p 119 Woodward amp Bernstein 2005 p 144 Walker Sam June 7 2013 Expletive Deleted Nixon Releases Edited White House Watergate Tapes Today in Civil Liberties History April 29 1974 Retrieved October 31 2019 Germond 1999 pp 119 120 WATERGATE Richard Nixon s Collapsing Presidency Time Vol 103 no 20 New York New York Time Inc May 20 1974 Retrieved December 14 2019 Germond 1999 pp 115 117 Wicker Tom April 17 1974 Michigan Democrat Wins In Election for House Seat The New York Times p 1 Retrieved October 28 2019 Kondik Kyle April 13 2017 Special Circumstances Sabato s Crystal Ball Charlottesville Virginia University of Virginia Center for Politics Archived from the original on October 30 2019 Retrieved October 28 2019 Woodward amp Bernstein 2005 p 161 Kilpatrick James J May 17 1974 Exclusive Nixon Interview PDF San Francisco Chronicle p 1 Retrieved December 14 2019 via The Weisberg Collection Hood College Frederick Maryland Davis Evan A May 19 2019 Today s Congress can learn from the Nixon impeachment inquiry thehill com Retrieved October 13 2019 a b Rosenbaum David E June 5 1974 An Explanation Nixon I T T and Milk Case The New York Times p 29 Retrieved December 6 2019 Conway Michael December 17 2018 Trump like Nixon won t be impeached over campaign finance violations But they will help Think Opinion Analysis Essays NBC News Digital Retrieved November 13 2019 Adams James R 1974 The Authority of the President to Impound Funds Appropriated by Congress Available only as part of complete document see EA 006 052 ED090629 Retrieved December 6 2019 a href Template Cite book html title Template Cite book cite book a website ignored help Conway Michael January 11 2019 Trump is not going to release his tax returns just to 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Maryland Rodino Unit Issues 4 New Subpoenas 49 Tapes Sought The New York Times June 25 1974 p 1 Retrieved August 23 2022 The Boston Globe March 12 2001 James St Clair Represented Nixon During Watergate Case South Florida Sun Sentinel Retrieved November 13 2019 Fondos Nicholas October 24 2019 Why Is Democrats Impeachment Inquiry Out of Public View The New York Times Retrieved October 25 2019 St Clair opens defense of Nixon The Benton Courier Benton Arkansas AP June 27 1974 Retrieved November 11 2019 via Newspaper Archive Germond 1999 pp 118 119 a b c d e f g h i j The Fateful Vote to Impeach Time Vol 104 no 6 New York New York Time Inc August 5 1974 Retrieved September 29 2019 Roberts Chalmers M July 1974 Foreign Policy Under a Paralyzed Presidency Foreign Affairs Vol 52 no 4 New York New York Council on Foreign Relations a b Gwertzman Bernard July 4 1974 Back in U S Nixon Extols Peace Gains The New York Times p 1 Retrieved January 17 2020 a b Greenberg 2003 pp 282 283 Harold M Schmeck Jr July 10 1974 300 000 in U S Have Phlebitis Affliction of Nixon and Franco The New York Times p 2 Black 2007 pp 958 964 John Chancellor March 26 1976 Nixon Final Days In White House NBC Evening News via Vanderbilt Television News Archive Woodward amp Bernstein 2005 pp 235 236 House Committee Issues The Voluminous Evidence From Watergate Inquiry The New York Times July 12 1974 p 1 Retrieved November 13 2019 Woodward amp Bernstein 2005 p 248 Woodward amp Bernstein 2005 p 251 St Clair Asserts Panel Lacks Data For Citing Nixon The New York Times July 21 1974 p 1 Retrieved November 11 2019 Doar Summary Stresses Nixon Role in Watergate The New York Times July 22 1974 p 23 Retrieved November 14 2019 Apple R W Jr July 22 1974 Jenner Ousted as Counsel To G O P on Rodino Panel PDF The New York Times p 1 Retrieved November 13 2019 via The Weisberg Collection Hood College Frederick Maryland Nixon At Low Point In The Gallup Poll The New York Times July 26 1974 p 15 Retrieved November 27 2019 Newport Frank February 11 1998 History Shows Presidential Job Approval Ratings Can Plummet Rapidly Washington D C Gallup Retrieved December 1 2019 Ambrose 1991 pp 394 395 a b Looking back The Supreme Court decision that ended Nixon s presidency Constitution Daily Philadelphia Pennsylvania National Constitution Center July 24 2019 Retrieved November 13 2019 Shabecoff Philip July 25 1974 President Bows PDF The New York Times p 1 Retrieved November 17 2019 via The Weisberg Collection Hood College Frederick Maryland a b Shabecoff Philip July 29 1974 Aides Term Nixon Self controlled The New York Times p 1 Retrieved December 12 2019 Kutler 1990 p 531 a b c Naughton James M July 25 1974 2 Charges Listed The New York Times p 69 Retrieved December 12 2019 Kutler 1990 p 518 a b McNulty Timothy McNulty Brendan May 11 2019 The Man Richard Nixon Called His Executioner Politico Archived from the original on September 28 2020 Retrieved November 22 2019 a b Barbara C Jordan history com A amp E Television Networks August 21 2018 Originally published November 9 2009 Retrieved October 17 2019 Clines Francis X January 18 1996 Barbara Jordan Dies at 59 Her Voice Stirred the Nation The New York Times p 1 Retrieved October 17 2019 Odintz Mark Rogers Mary Beth June 24 2019 Uploaded June 15 2010 Jordan Barbara Charline Handbook of Texas Online Texas State Historical Association Retrieved January 19 2020 a b Rosenwald Michael September 29 2019 A very bad blow The GOP lawmaker who turned on Nixon paid a price for it The Washington Post Retrieved September 30 2019 Hamilton Fish 1926 1996 Congressional Papers 1968 1994 SC21149a Biographical Note nysed gov Albany New York New York State Library University of the State of New York New York State Education Department Retrieved November 22 2019 a b Lewis Anthony July 28 1974 Debaters Ask What Warrants Impeachment What Is Proof The New York Times p 1 Retrieved November 27 2019 Kerr Peter August 27 1985 Ex Rep Charles Sandman Nixon Supporter Dies The New York Times p 20 Retrieved December 16 2016 Tolchin Martin August 4 1974 Sandman Adheres to Role of a Strict Constructionist The New York Times p 54 Retrieved January 24 2020 a b c d Rosenbaum David E August 6 1974 Wiggins for Impeachment Others in G O P Join Him The New York Times p 1 a b c d Naughton James M July 26 1974 A Committee Impeachment Vote By Sizable Bipartisan Majority Is Indicated As Debate Goes On The New York Times p 69 Retrieved November 27 2019 Lyons Richard Chapman William July 28 1974 Judiciary Committee Approves Article to Impeach President Nixon 27 to 11 The Washington Post p 1 Retrieved September 29 2019 Nixon Is Confident Press Aide Asserts The New York Times July 27 1974 p 62 Retrieved December 2 2019 Woodward and Bernstein 2005 pp 292 293 a b Oelsner Lesley July 28 1974 Dispute on Specificity Reflects Legal History The New York Times p 38 Retrieved May 29 2020 a b c d e Naughton James M July 28 1974 A Historic Charge The New York Times p 1 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2019 via The Weisberg Collection Hood College Frederick Maryland Rich Spencer August 6 1974 Griffin tells Nixon it s Time to Resign PDF The Washington Post p 1 Retrieved January 25 2020 via The Weisberg Collection Hood College Frederick Maryland a b Apple R W Jr August 7 1974 Decline In Senate The New York Times p 1 Retrieved December 11 2019 Statement by Wiggins on Support of Impeachment The New York Times August 6 1974 p 17 Sykes Charlie ed January 29 2019 The Man Who Took Down Nixon thebulwark com Retrieved May 17 2020 via YouTube Barnes Bart August 26 2003 John J Rhodes Dies Led GOP In House During Watergate The Washington Post Retrieved May 17 2020 Pearson Richard July 1 1986 Obituaries The Washington Post Retrieved November 18 2019 a b c Woodward amp Bernstein 2005 pp 413 417 a b Berbers John August 8 1974 Gloomy Picture The New York Times p 1 Retrieved December 11 2019 Nowicki Don August 2 2014 In 1974 Goldwater and Rhodes told Nixon he was doomed The Arizona Republic Retrieved November 19 2019 Small 1999 p 295 Ambrose 1991 pp 435 436 Kutler 1990 pp 547 549 Black 2007 p 983 News Summary and Index Saturday August 10 1974 The presidency The New York Times August 10 1974 p 31 Retrieved October 7 2019 Small 1999 p 297 Colwell Jack August 21 1974 Defends Nixon to the End The South Bend Tribune p 1 Archived from the original on December 18 2019 Retrieved December 18 2019 via Newspapers com a b Werth Barry February 2007 The Pardon Smithsonian Magazine Retrieved October 7 2019 Rosenbaum David E August 23 1974 Rodino Unit Issues Report Describing Case Against Nixon The New York Times Retrieved December 18 2019 The Legal Aftermath Citizen Nixon and the Law Time August 19 1974 Archived from the original on December 22 2008 Retrieved July 24 2011 Gray Leslie Schamel Wynell Burroughs February 1987 Constitutional Issues Watergate and the Constitution Social Education pp 88 90 Retrieved May 20 2023 via National Archives a b van der Voort Tom July 27 2017 Watergate The Aftermath The Presidency Educational Resources Charlottesville Virginia The Miller Center University of Virginia Retrieved October 17 2019 Vande Bunte Matt April 3 2019 October 20 2014 President Nixon didn t want to be pardoned Watergate expert says Grand Rapids Michigan MLive Media Group Retrieved May 19 2022 Fulton Mary Lou ed July 17 1990 Nixon Library Nixon Timeline Los Angeles Times Retrieved May 19 2022 Newport Frank Carroll Joseph March 9 2007 Americans Generally Negative on Recent Presidential Pardons Washington D C Gallup Retrieved November 30 2019 Rosenbaum David E September 10 1974 Rodino Rejects Revival of Impeachment The New York Times p 1 Retrieved December 3 2019 Greene John Robert October 4 2016 Gerald Ford Domestic Affairs Charlottesville Virginia Miller Center of Public Affairs University of Virginia Retrieved January 2 2020 Lawrence John A May 26 2018 How the Watergate Babies Broke American Politics Politico Magazine Retrieved October 12 2019 Wright 1977 Rudin Ken June 19 2012 The Watergate Class Of 1974 How They Arrived In Congress How They Left NPR Retrieved November 17 2019 Works cited editBooks and journals edit Albert Carl 1990 Little Giant The Life and Times of Speaker Carl Albert With Danney Goble Norman Oklahoma University of Oklahoma Press ISBN 0 8061 2250 1 Ambrose Stephen E 1991 Nixon Ruin and Recovery 1973 1990 Vol III New York New York Simon amp Schuster ISBN 978 0 671 69188 2 Apple R W Jr 1973 Staff of The New York Times ed The Watergate Hearings Break in and Cover up Bantam Books ISBN 978 0 553 08383 5 Baym Geoffrey Winter 2003 Strategies of Illumination U S Network News Watergate and the Clinton Affair Rhetoric and Public Affairs Michigan State University Press 6 4 633 656 doi 10 1353 rap 2004 0001 JSTOR 41939869 S2CID 143653995 Bernstein Carl 2007 A Woman in Charge The Life of Hillary Rodham Clinton New York New York Alfred A Knopf ISBN 978 0 375 40766 6 Bernstein Carl Woodward Bob 2014 1974 All the President s Men Trade paperback ed New York New York Simon amp Schuster ISBN 978 1 4767 7051 2 Black Conrad 2007 Richard M Nixon A Life in Full New York New York PublicAffairs Books ISBN 978 1 58648 519 1 Conyers John October 1974 Why Nixon Should Have Been Impeached The Black Scholar Taylor amp Francis 6 2 2 8 JSTOR 41065758 Engel Jeffrey A Meacham Jon Naftali Timothy Baker Peter 2018 Impeachment An American History New York New York Modern Library ISBN 978 1 984 85378 3 Ford Gerald R 1979 A Time to Heal The Autobiography of Gerald R Ford New York New York Harper amp Row ISBN 978 0 0601 1297 4 Germond Jack 1999 Fat Man in a Middle Seat Forty Years of Covering Politics New York New York Random House ISBN 978 0 3755 0098 5 Gormley Ken 1997 Archibald Cox The Conscience of a Nation Reading Massachusetts Addison Wesley ISBN 0 2014 0713 2 Greenberg David 2003 Nixon s Shadow The History of an Image New York New York W W Norton amp Company ISBN 978 0 3930 4896 4 Kissinger Henry 1982 Years of Upheaval Boston Massachusetts Little Brown amp Co ISBN 978 0316285919 Kutler Stanley I 1990 The Wars of Watergate The Last Crisis of Richard Nixon New York New York Alfred A Knopf ISBN 978 0 3945 6234 6 Labovitz John R 1978 Presidential Impeachment New Haven Connecticut Yale University Press ISBN 0 300 02213 1 Nevin Mark July 2017 Nixon Loyalists Barry Goldwater and Republican Support for President Nixon during Watergate The Journal of Policy History Cambridge University Press 29 3 403 430 doi 10 1017 S0898030617000173 Reeves Richard 2001 President Nixon Alone in the White House New York New York Simon amp Schuster ISBN 0 7432 2565 1 Small Melvin 1999 The Presidency of Richard Nixon Lawrence Kansas University Press of Kansas ISBN 978 0 7006 0973 4 Woodward Bob Bernstein Carl 2005 1976 The Final Days Paperback ed New York New York Simon amp Schuster ISBN 978 0 7432 7406 7 Woods Joseph A Jr April 2000 How High the Crime Hastings Law Journal University of California Hastings College of the Law 51 4 753 758 Wright Gerald C Jr September 1977 Constituency Response to Congressional Behavior The Impact of the House Judiciary Committee Impeachment Votes The Western Political Quarterly University of Utah 30 3 401 410 doi 10 2307 447940 JSTOR 447940 U S federal government reports edit nbsp This article incorporates public domain material from websites or documents of the U S federal government Cole Jared P Garvey Todd 2015 Impeachment and Removal PDF Report Washington D C Congressional Research Service R44260 via University of North Texas Libraries Digital Library UNT Libraries Government Documents Department Hudiburg Jane A Davis Christopher M 2018 Resolutions to Censure the President Procedure and History PDF Report Washington D C Congressional Research Service R45087 via University of North Texas Libraries Digital Library UNT Libraries Government Documents Department Rybicki Elizabeth Greene Michael 2019 The Impeachment Process in the House of Representatives Report Washington D C Congressional Research Service R45769 Stathis Stephen W Huckabee David C 1998 Congressional Resolutions on Presidential Impeachment A Historical Overview PDF Report Washington D C Congressional Research Service 98 763 via University of North Texas Libraries Digital Library UNT Libraries Government Documents Department United States House of Representatives 2007 Section II Jurisdictions History of the Judiciary Committee Impeachment PDF A History of the Committee on the Judiciary 1813 2006 Washington D C U S Government Publishing Office pp 115 136 H Doc 109 153 Further reading editBazan Elizabeth B December 9 2010 Impeachment An Overview of Constitutional Provisions Procedure and Practice PDF Report Washington D C Congressional Research Service Library of Congress 98 186 32 pages via University of North Texas Libraries Digital Library UNT Libraries Government Documents Department Committee on the Judiciary House of Representatives 93rd Congress 2nd Session January 1974 Impeachment Selected Materials Report Vol Second volume Washington D C U S Government Publishing Office House Committee Print 900 pages via HathiTrust Digital Library a href Template Cite report html title Template Cite report cite report a CS1 maint multiple names authors list link CS1 maint numeric names authors list link Committee on the Judiciary House of Representatives 93rd Congress 2nd Session August 1974 Impeachment of Richard M Nixon President of the United States PDF Report Washington D C U S Government Publishing Office H Rpt 93 1305 528 pages a href Template Cite report html title Template Cite report cite report a CS1 maint multiple names authors list link CS1 maint numeric names authors list link Staff of the Impeachment Inquiry Committee on the Judiciary House of Representatives 93rd Congress 2nd Session February 1974 Constitutional Grounds for Presidential Impeachment Report Washington D C U S Government Publishing Office H522 6 80 pages via Internet Archive a href Template Cite report html title Template Cite report cite report a CS1 maint multiple names authors list link CS1 maint numeric names authors list link Richard Nixon Presidential Library and Museum Oral Histories oral history interviews with many individuals who worked in the Nixon administration or were significant figures during the time 1969 74 Kohut Andrew September 25 2019 Originally published August 8 2014 From the archives How the Watergate crisis eroded public support for Richard Nixon Washington D C Pew Research Center Montgomery Paul L August 9 1974 The Case Against Richard Nixon A Catalogue of Charges and His Replies The New York Times The Impeachment Inquiry 30th ed Washington D C Congressional Quarterly 1975 pp 867 902 cqal74 1223105 External links edit nbsp Wikimedia Commons has media related to Impeachment process against Richard Nixon nbsp Wikisource has original text related to this article Impeachment process against Richard Nixon House Impeachment Coverage May July 1974 recordings of public hearings from American Archive of Public Broadcasting Should The President Be Impeached Congressman Jerome Waldie The Advocates television series January 3 1974 88 47 WGBH TV Watergate info website Malcolm Farnsworth owner Retrieved from https en wikipedia org w index php title Impeachment process against Richard Nixon amp oldid 1193509383, wikipedia, wiki, book, books, library,

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