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JULY 27, 2009 7:11PM

The Smoking Gun of Watergate

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Barbara Jordan addresses the House Judiciary Committee.


Today is the 35th anniversary of an important event in American history.

On this day in 1974, the House Judiciary Committee approved, by a 27–11 vote, the first article of impeachment against Richard Nixon. The article dealt with obstruction of justice.

In the great drama that was Nixon's impeachment proceeding in the summer of 1974, Saturday, July 27 was a significant day, both publicly and privately.

A few days earlier, the Supreme Court ruled unanimously that Nixon had to turn over the tapes he had been trying to keep to himself. That was really the beginning of the end, but behind–the–scenes work needed to be done.

Fred Buzhardt, Nixon's attorney, was worried about one tape in particular — the one of a conversation from June 23, 1972, less than a week after the Watergate break–in. In
"The Final Days," Bob Woodward and Carl Bernstein wrote that Buzhardt was certain the tape "undermined" Nixon, but he needed reinforcement. So, acting on the instruction of chief of staff Alexander Haig, Buzhardt asked speech writer Pat Buchanan to come to his office. His objective was to solicit Buchanan's opinion without revealing what was in the tape.


 

When Buchanan arrived, Buzhardt hedged. What would happen if there was a serious problem about the contents of one of the tapes? "Al told me to ask you," Buzhardt said.

Buchanan wanted to know what he meant.

"Well, what would you say if there was something that showed the President knew of the cover–up earlier than he said?"

"Is it an early tape or a late tape?" Buchanan asked. Before Buzhardt could answer, Buchanan finished the thought. "If it's something ambiguous, we can handle it. If it's in March (1973), well, it means he was wrong by a week or so. But if it's in June or July of '72, then that's the smoking gun."

Buchanan pressed for more information, but Buzhardt would say only, "It's pretty serious."

The Final Days

And so it was.

When the tape was made public, Nixon's support "eroded significantly," in the words of Vice President Gerald Ford. The tape clearly showed Nixon instructing then–chief of staff H.R. Haldeman to order the CIA to halt the FBI's investigation into the break–in.

In other words, obstruction of justice.

On July 27, Ford said the failure of the House Judiciary Committee to produce any evidence against Nixon was a "travesty." Little did he realize that, on that very day, Buzhardt and Buchanan were having their conversation about the tape that ultimately became known as the "smoking gun."

And it devastated those who had defended Richard Nixon.

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Comments

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Nixon lost the support of his Republican base in the Congress. I'm not so sure that would happen in today's hyper-partisan environment. Sad.
Man, do I feel old! I was just starting my second year of graduate school in Political Science! What a time to be studying it. Now, I'm getting old. And I find that little if anything has changed. That's unfortunate, to say the least.
Rated
Procopius,

In many respects, I'm inclined to agree with you. Thanks for sharing your thoughts.
Walter,

That was quite a time to be studying political science. I'm sure your classes must have had some remarkable discussions about current events!
I loved Sam Ervin!!!!!
What's often forgotten about the Watergate hearings is the lack of precedent. Everyone involved understood the seriousness of the investigation, and the constitutional brinksmanship. Given that the members of the Judiciary Committee were pioneers, and that each step they took toward impeachment was on untrodden ground, it's impressive how well their efforts hold up in hindsight. This is a major reason why Sam Ervin and others are to be admired.

I wonder where Bush's tapes (or more importantly, Cheney's) are now? jr
There is some truth in that, but the impeachment proceedings in 1974 were not the first in the nation's history. And I suppose that the first of its kind would be the one that sets precedent.

If you want to be technical about it, impeachment proceedings were implemented against Andrew Johnson in the mid-19th century. He survived the trial in the Senate by one vote. Nixon, of course, resigned before the Senate trial was held.
Thanks for posting this! I was 18 in 1974 and I was riveted by the impeachment hearings. They were both a great civics education and great theater.

To hear Rep. Barbara Jordan speak is to understand what is meant by the word gravitas. Ironically, her recitation of the problems of the country that had to be put on hold so the Congress could address impeachment -- the environment, energy independence, campaign finance reform and other issues -- could be used word for word today.
You're absolutely right, Mark.
I was 14 that summer. My mother had forced me to watch at least one hour a day (after I came home form school or work), of the Watergate hearings. I became caught up - this was better than any soap opera or television drama.

I wished I could be Woodward, Bernstein, I yearned to be lawyer, but most of all, I wished I could wield words as did Barbara Jordan.
Connie,

She really was remarkable.

I was 14 that summer, too.
Here's an excerpt of Ms. Jordan's speech to the Democratic Ntl Convention in 1976. It resonates more than ever. You should go read the entire speech:

"Even as I stand here and admit that we have made mistakes I still believe that as the people of America sit in judgment on each party, they will recognize that our mistakes were mistakes of the heart. They'll recognize that.

"And now we must look to the future. Let us heed the voice of the people and recognize their common sense. If we do not, we not only blaspheme our political heritage, we ignore the common ties that bind all Americans.

"Many fear the future, Many are distrustful of their leaders, and believe that their voices are never heard. Many seek only to satisfy their private work wants. To satisfy private interests.

"But this is the great danger America faces. That we will cease to be one nation and become instead a collection of interest groups: city against suburb, region against region, individual against individual. Each seeking to satisfy private wants.

"If that happens, who then will speak for America?

"Who then will speak for the common good?"

Barbara Jordan
NY, NY 7-12-1976
I remember that speech.