COME BACK NIXON ALL IS FORGIVEN

Watergate is considered the watershed event in modern American politics. It is the all time low that all scandals are measured against. The impact of the shame it engendered has resulted in every subsequent political calumny having the suffix “gate” attached to it. In its wake followed the only resignation of an American President and the subsequent election of a neophyte nonentity, Jimmy Carter, whose major credentials were that he was “squeaky clean”. The abuses inherent in the Watergate infamy resulted in major campaign finance reform in 1974, almost contemporaneously with Nixon’s ignominious exit, that limited the amount an individual could contribute to an election campaign. A loophole to that law allowed corporations to give any amount of money not directly to candidates but to political parties and Political Action Committees, (PACs). That escape clause was closed by legislation that expressly forbad that activity in 2002.

As a result of a series of sad, 5 - 4, Supreme Court decisions, to quote the Republican Senator John McCain, “We have come full circle back to Watergate”, thereby making every illegal campaign financial action Nixon perpetrated lawful under the current edicts of the Supreme Court. But the whole sordid saga needs retelling as it made for gripping drama that half a century ago and held a nation spellbound for years as they watched it all unfold on non stop television….

A BUNGLED BURGLARY STARTED IT ALL

What catapulted the whole saga into prime time, was what Nixon’s press secretary’s termed,  “A third rate burglary” . The latter set off a chase that unraveled into tens of individuals being sent to prison and endless court hearings that went to the very heart of a democracy. The “burglary” was on the Democratic headquarters in the Watergate Hotel in Washington and the main objective was to bug the Democratic headquarters. Five individuals were charged with the crime and initially all plead guilty, as it would turn out, under duress and for money. One of them was found linked to a check of $25,000 issued by a member of the fundraising Committee to reelect President Nixon, (CREEP). The donor was Ken Dahlberg a war time hero, who ironically was the only member of that committee not to face legal proceedings. All of the five burglars had direct or indirect connections with CREEP. It was subsequently learned that CREEP, in addition to its legitimate activities, garnered tens of millions of dollars illegally, and $500,000 of it was used to shut the burglars up. However, the burglary assumed a secondary place to the slush money as the Washington Post’s famed reporters took the advice of their anonymous inside informant, “Follow the money”.

One by one Nixon’s staff, several of his administration, including Cabinet Members and nearly all the members of CREEP were implicated and were sentenced to jail terms. His Chief of Staff, Haldeman. Chief Aide, Ehrlichman, and Counsel Dean were all involved. There were Court hearings presided over by Judge Sirica who suspected a major conspiracy. His instinct proved correct when one of the burglars, Jim McCord confessed that the burglars had committed perjury and that they were covering up the roots of the crime. John Dean, Nixon’s Council spilt the beans to the investigating Senate Committee chaired by the avuncular Sam Ervin, who had overnight became a TV folk hero. As the proceedings evolved Dean’s testimony was negated by what was left of the Nixon camp. In yet another dramatic moment Alexander Butterfield, a relatively lowly placed White House assistant, told Ervin’s committee that what had transpired could be verified one way or another by the “tapes” as everything that happened was recorded. This was political theater at its best.

Dean, who served a prison sentence, maintained he was coming clean to protect the integrity of the Presidency. He dramatically pronounced that, “There was a cancer in the Presidency”. He maintained that he was blinded by ambition and this allowed him to be party to all these excesses.

AMERICA’S FINEST HOUR

The behavior of President Ford, who had been unwittingly thrust into the Oval Office, Congress, the Supreme Court, governmental agencies and the media during this seedy affair is in total contradistinction to the self serving circus the American Public are being subjected to now. The media lead by the Washington Post’s owner Katherine Graham, Editor Ben Bradlee and the reporters Bob Woodward and Carl Bernstein relentlessly pursued the truth as did the three media television networks. Their news anchors, including the legendary Walter Cronkite, unflinchingly, told it as it was. Their universal mantra was democracy was being placed on the block and was being sold to the highest bidder. All the media were ad idem the American ideal of democracy was at stake.

Congress conducted itself in a highly professional manner to this assault on liberty. The Senate in a bipartisan vote, 77 - 0, established an investigative committee into Watergate. The House Judicial Committee in a bipartisan decision elected to send impeachment articles to the House of Representatives. Three Republicans, House Minority leader Rhodes, Senate Minority leader Scott and Republican Godfather, Barry Goldwater approached Nixon to persuade him to resign, rather than face a bipartisan vote of impeachment. There was a value higher than partisan politics. This whole episode sucked to kingdom come and the interests of Jeffersonian democracy were on the hook. Congress followed up the sordid episode by attempting to prevent a similar occurrence by enacting electoral reform in 1974.

The Supreme Court, much to Nixon’s chagrin ruled against him again and again. The Court ruled 8- 0, with Justice Rehnquist abstaining, that he produce the tapes that would ultimately sink him. Nixon wailed that it was a betrayal by the Judges that he had appointed. Chief Justice Burger, a Nixon appointee, thought otherwise.

The legal system vigorously pursued every avenue to right the democratic ship. In addition to the highest members of the Nixon administration, the latter’s most important staff members and the paid “plumbers”, who were employed to perform this and other illegal activities on Nixon’s behalf, were all prosecuted to the full extent of the law. The Corporate contributors such as the Dairy Board, Coca Cola and American Airlines, were convicted for their illegal donations to CREEP. American Airlines claimed that they were given the shake down and threatened lest they not contribute.

President Ford bravely pardoned Nixon to end this painful period in American history as he reckoned that perpetuation of this sleazy episode in America’s would further tear the country asunder. At the time it was a highly unpopular decision and Ford was alone in his judgement as he had deliberately not sought support of his resolution. It is common cause that Ford lost the 1976 election to Carter in consequence of that choice. History has judged that Ford made the correct decision. No focus groups or polls on the subject influenced him. He acted according to the dictates of his conscience and what he correctly believed were in the best interests of the country. Years later both Archibald Cox the Special Watergate Prosecutor that Nixon fired and Leon Jaworski, Cox’s successor, both reversed their initial judgements and agreed that Ford was correct. Nothing would be achieved by dragging Nixon through the courts and perpetuating this two year upheaval - the point had been made and in Ford’s historical words, “It was a time for healing”.

The Founding Fathers had been vindicated. The system had worked. All three branches of Government had put their responsibilities to democracy ahead of partisan politics. America could move forward. All this is in sad contradiction to the situation we face today.

WATERGATE’S CENTRAL ISSUE - MONEY AS THE DEFINING FACTOR IN POLITICS

The New York Times ran a retro report under the byline “The Cost of Campaigns” juxtaposing the current situation to the Nixon era. It is thus fair to say that the key issue in Watergate was not the burglary per se but the unlimited money that made these calumnies possible. This is certainly the way society interpreted the controversy at the time and Congress acted post haste. Congress introduced legislation, the Federal Campaigns Act of 1974, that limited the amount of money that individuals could contribute to a campaign and declared corporate donations illegal. Ford signed it into law in 1974. The belief had to be that money had been eliminated in the pursuance of a democratic society and the Founding Fathers had to have sounded a collective sigh of relief from their graves. All those deliberations, soul searching and endless papers had borne fruit.

NIXON IN RELATION TO TODAY’S CLIMATE.

When one reflects on the current response to the same challenges society faced under Nixon there has to be a sense of disappointment. There is a triple assault on the democratic process. Central to this threat is the introduction once again that money can rule supreme in the democratic process. As a supporting cast to this hypothesis is a Republican Congress caucus that unashamedly is just opposing an incumbent President rather than consider issues on their merit. Finally, the third leg of this trifecta is assailing the very basis of democracy, unashamedly impeding the right of those that probably oppose your philosophy, the ability to vote.

Remember the central issue of Watergate was what role should money play in politics. To capsulate the response of the three branches of Government’s to this question, was that it should be peripheral to the outcome of the political process. What is the interpretation of this dilemma of today’s government?

It is painfully obvious that the Republicans are only too happy, with their financial advantage, and believe that money should play a central role in the political process. They are supportive of unlimited money in the mix. The Democrats, in particular the President, has opposed this scenario.

The three issues with regard to campaign finance that the 1970 society, through all the branches of government, declared were inimical to the democratic process, were Corporate, Secret, and unlimited contributions . They criminally sanctioned those who were responsible for abrogating those tenets mercilessly. All these precepts have now been negated. Corporate and unlimited contributions, whether they or secret or not, are now the order of the day. Their legality has been sanctioned by the Supreme Court in a series of staggering judgements. Firstly they ordained that Corporations were individuals and had the rights of individuals. Then they maintained that free speech was equivalent to money. This paved their Citizen’s United edict where they gave corporations the green light to contribute unlimited sums to PAC’s and secretive 501(c) 4’s. This was followed up by the McCutheon ruling that allowed unlimited money to be given to candidates themselves by individuals. This all in the name of free speech.

The Supreme Court have gone further in the destruction of what have been perceived in the last century  as fundamental democratic principles. They have interpreted the Constitution to allow States to impede the right to vote. This is a hard sell of a provision that is mentioned far more  than any other in the Constitution and is regarded as a right and not a privilege. The two sets of decisions have had the effect of disadvantaging the poor and favoring the rich.

To Jay H. Ell’s limited constitutional knowledge this is all tautologous nonsense. The very underlying essence of the Constitution is equal rights for all and nowhere is this linked to property accumulation. How can a corporation assume the rights of an individual, for example? Can you put a corporation in jail for a felony? A rich owner of a corporation has in effect two sets of money he can use to impact on “fair and free” elections - his and his shareholders.

AMERICA  AT THE CROSSROADS

America democracy is at the crossroads and in the next few years the fight will be to maintain it or unceremoniously slip into a plutocracy. (Blogs: “Why The GOP 2014? - It’s The Plutocrats, Voter Suppression and Obamacare Stupid”, "2014: Dems and GOP ’s Conflicting Strategies”, “2014 Elections: Who Cares as the GOP are Dying Anyway?’” and “Election 2014: It Aint Over Till The Fat Lady Songs”. This election and the next will decide the fate of American civics.

Meanwhile poor paranoid Nixon must be cursing his luck at having been born fifty years to early. He wouldn’t have had to hide all that money today as all of it is perfectly legal. Nixon would have not have to wail at the present Supreme Court. As for the almost forgotten burglary - the technologies available and the Government’s powers make them unnecessary today.

So all that wringing of hands and soul-searching of the seventies has come to nought. There has been a regression to Nixon standards that is once again threatening the US Democracy, much as Watergate was universally perceived to have done then.