Monthly Archives: March 2017

The Saturday Night Massacre

Perhaps we should take a moment to remind ourselves of some relevant political history.

https://en.wikipedia.org/wiki/Saturday_Night_Massacre

The Saturday Night Massacre was the term used by political commentators[1] to refer to U.S. President Richard Nixon‘s dismissal of independent special prosecutor Archibald Cox, and as a result the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus on October 20, 1973, during the Watergate scandal.[2][3]

History

A.G. Elliot Richardson appointed Cox in May of that year, after having given assurances to the House Judiciary Committee that he would appoint a special prosecutor to investigate the events surrounding the Watergate break-in of June 17, 1972. The appointment was created as a Career Reserved position in the Justice department, which meant (a) it came under the authority of the Attorney General, and (b) the incumbent could not be removed for any reason other than “for cause” (e.g., gross improprieties or malfeasance in office). Richardson had, in his confirmation hearings before the U.S. Senate, given the explicit promise not to use his authority to dismiss the Watergate Special Prosecutor, unless for cause.

When Cox issued a subpoena to President Nixon, asking for copies of taped conversations recorded in the Oval Office and authorized by Nixon, the President initially refused to comply. On Friday, October 19, 1973, Nixon offered what was later known as the Stennis Compromise—asking the infamously hard-of-hearing Senator John C. Stennis of Mississippi to review and summarize the tapes for the special prosecutor’s office. Cox refused the compromise that same evening and it was believed that there would be a short rest in the legal maneuvering while government offices were closed for the weekend.

However, on the following day (a Saturday) Nixon ordered Attorney General Richardson to fire Cox. Richardson refused, and resigned in protest. Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox. He also refused and resigned.[4][5]

Nixon then ordered the Solicitor General, Robert Bork (as acting head of the Justice Department), to fire Cox. Both Richardson and Ruckelshaus had given personal assurances to Congressional oversight committees that they would not interfere, but Bork had not. Although Bork later claimed that he believed Nixon’s order to be valid and appropriate, he still considered resigning to avoid being “perceived as a man who did the President’s bidding to save my job.”[6] Nevertheless, having been brought to the White House by limousine and sworn in as Acting Attorney General, Bork wrote the letter firing Cox.[7] Initially, the White House claimed to have fired Ruckelshaus, but as The Washington Post article written the next day pointed out, “The letter from the President to Bork also said Ruckelshaus resigned.”

On November 14, 1973, federal District Judge Gerhard A. Gesell ruled that the dismissal of Cox was illegal, in the absence of a finding of extraordinary impropriety as specified in the regulation establishing the special prosecutor’s office.[8] Congress was infuriated by the act, which was seen as a gross abuse of presidential power. The public sent in an unusually large number of telegrams to both the White House and Congress.[9][10] Less than a week after the Saturday Night Massacre, an Oliver Quayle poll for NBC News showed that for the first time, a plurality of U.S. citizens now supported impeachment of Nixon, with 44% in favor, 43% opposed, and 13% undecided, with a sampling error of 2 to 3 percent.[11] In the days that followed, numerous resolutions of impeachment against the president were introduced in Congress.