Watergate As A Constitutional Crisis Essay, Research Paper

During the night of June 17, 1972, five burglars broke into the offices of the Democratic National Committee at the Watergate office complex in Washington, DC. Investigation into the break-in exposed a trail of abuses that led to the highest levels of the Nixon administration and ultimately to the President himself. President Nixon resigned from office under threat of impeachment on August 9, 1974.

The break-in and the resignation form the boundaries of the events we know as the Watergate affair. For 2 years public revelations of wrongdoing inside the White House convulsed the nation in a series of confrontations that pitted the President against the media, executive agencies, the Congress, and the Supreme Court. The Watergate affair was a national trauma–a constitutional crisis that tested and affirmed the rule of law.

With the onset of the 1972 presidential election campaign, Nixon’s focus shifted to his Democratic Party opponents. He ordered surveillance of Senator Edward Kennedy, an IRS audit of Democratic Party Chairman Larry O’Brien and others on his list of political enemies, as well as “dirty tricks” operations against virtually every Democratic presidential hopeful. Two members of the White House “plumbers,” former CIA agents E. Howard Hunt and G. Gordon Liddy, transferred to the staff of the Committee to Re-elect the President, where they devised and carried out a plan to install a listening device in O’Brien’s office.

When the bug failed to operate properly, Hunt ordered the CRP’s security chief, another ex-CIA agent named James McCord, to reenter the Watergate complex and install a new device. McCord and four accomplices, all Cuban exiles and veterans of the Bay of Pigs invasion, were arrested after a security guard called the Washington police. Hunt’s name and White House phone number were found on one of the men, and Hunt and Liddy were soon arrested and charged as well.

The cover-up began as soon as the White House learned of the arrests. Nixon was concerned that Hunt and Liddy would expose the White House “plumbers” and that the resulting scandal might jeopardize his reelection campaign. Nixon’s two top aides, Bob Haldeman and John Ehrlichman, swung into action to limit the damage and make sure that the Watergate burglars said nothing about the higher-level officials who had ordered the break-in or their own involvement in other acts of political espionage and provocation.

There were two tracks in the cover-up: direct White House interference with the investigating agencies, and cash payoffs to the Watergate burglars to insure their silence. At Nixon’s orders, Haldeman and Ehrlichman met with CIA officials and urged them to tell the FBI that its investigation of the break-in had to be curtailed because it was impinging on ongoing CIA operations. The June 23, 1972 meeting in which Nixon first discussed using the CIA to block the FBI probe became known as the “smoking gun” conversation, and release of the tape-recording of this meeting led directly to Nixon’s resignation on August 8, 1974.

White House Counsel John Dean handled relations with the Watergate burglars. He sat in on all the police interrogations and supervised their defense strategy to insure that their trials would be postponed until after the election. At a key meeting on September 15, 1972, he reviewed his portion of the cover-up with Nixon, including both obstruction of the police investigation and efforts to derail several congressional probes.

Supported by cash payments from the White House which covered both their legal costs and living expenses, five of the Watergate burglars pled guilty while refusing to testify about any other instances of political espionage or any higher-level involvement in the break-in. The two others, McCord and Liddy, were convicted after a brief trial. The effort to limit the scope of the case collapsed, however, when Judge John Sirica imposed lengthy sentences on all seven men in order to force them to begin cooperating with prosecutors. McCord quickly broke his silence, followed eventually by all except Liddy.

The scandal thereafter developed with an inexorable momentum. Responsibility for the break-in at the DNC was traced upward to the vice-chairman of the Committee to Reelect the President, Jeb Magruder, and then to the committee’s head, John Mitchell, the former attorney general, and to John Dean. After his famous meeting with Nixon on March 21, 1973, when he warned that the Watergate affair had become “a cancer on the presidency,” Dean broke with the White House and sought a deal with prosecutors in return for his testimony against Haldeman, Ehrlichman and ultimately Nixon himself.

Haldeman, Ehrlichman and Attorney General Richard Kleindeinst were forced to resign, public hearings began before a special Senate committee chaired by Democrat Sam Ervin of North Carolina, and the Nixon administration was compelled to appoint Harvard law professor Archibald Cox as Watergate special prosecutor. The television networks provided extensive live coverage of the Senate hearings, bringing to a mass audience the devastating public testimony of Dean, Magruder and an array of lesser figures.

Then came the revelation, on July 15, 1973, that the White House had a taping system that recorded all Oval Office meetings and telephone calls involving the president. Thereafter the Watergate affair revolved around the struggle over whether the White House would release the tapes to Congress and the special prosecutor.

In October 1973 Nixon fired Cox, as well as Attorney General Elliot Richardson and his deputy William Ruckleshaus, after Cox refused to drop legal action to compel the White House to release the tapes (the “Saturday Night Massacre”). The public revulsion against this assertion of unrestrained and unaccountable executive authority led to the beginning of impeachment hearings by the House Judiciary Committee. Nixon had to appoint a new special prosecutor, Leon Jaworski, who resumed the legal action to force release of the tapes.

Nixon’s position was further undermined that same month, when Vice President Spiro Agnew was forced to resign on charges of official corruption during his days as Baltimore County executive and governor of Maryland. The installation of Gerald Ford, the House Republican leader, as vice president provided a more plausible and politically safe replacement for Nixon, and cleared the decks for the final push to remove the president from office.

In July 1974 the Supreme Court rejected Nixon’s claim of “executive privilege,” in which he asserted that the constitutionally sanctioned separation of powers between the executive, legislative and judicial branches entitled him to withhold the White House tapes from the courts, Congress and the special prosecutor. The key tapes were turned over. The transcripts of a half-dozen meetings demonstrated Nixon’s central role in the cover-up from the beginning, and his last political support evaporated. At the same time the House Judiciary Committee approved three articles of impeachment, charging Nixon with obstruction of justice, failure to uphold the law and refusing to turn over subpoenaed documents. Nixon resigned from office August 8, 1974, the first president to do so.

The full transcript of the White House Watergate tapes, published late last year ( Abuse of Power: The New Nixon Tapes, edited by Stanley Kutler, The Free Press), documents that Nixon was considering resignation from April 1973 on, but this step was never a foregone conclusion. According to one press report, Defense Secretary James Schlesinger, former head of the CIA, kept a close watch on the military brass during Nixon’s final days to prevent any attempt to “block the constitutional process.” In other words, he was concerned that Nixon or his backers in the Pentagon might attempt a military coup.

Nixon’s removal from office put an end to the Watergate investigation and his pardon by Ford a month later insured that there would no further airing of the dangers to democratic rights implicit in the activities of the White House “plumbers.” Even today there are powerful forces opposed to a full airing of the crimes of that period. Kutler had to wage a lengthy court battle to obtain release of the portion of Nixon White House tapes referring to Watergate, and these were carefully vetted by the National Archives. Twenty-five years after the events to which they refer, there are still more than a dozen excisions from the tapes for reasons of “national security.”