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Title: Reporter Who Exposed Hillary’s Secret Intel Operation: Who Authorized & Financed It?
Source: [None]
URL Source: http://www.breitbart.com/big-govern ... on-who-authorized-financed-it/
Published: Mar 29, 2015
Author: Staff
Post Date: 2015-03-29 23:27:47 by out damned spot
Keywords: Intel, operation, Hillary
Views: 98872
Comments: 168

One of the reporters who exposed what appears to have been former Secretary of State Hillary Clinton’s clandestine and rogue intelligence service said that there are more questions than answers regarding the operation, which was exposed in the hacked emails of Clinton’s longtime confidante Sidney Blumenthal.

Appearing on Breitbart News Sunday on Sirius XM Patriot channel 125, Jeff Gerth, a two-time Pulitzer Prize winner, told host and Breitbart News Executive Chairman Stephen K. Bannon that he still wanted to know “who authorized or tasked this network to do what they did” and “who was paying for this?”

Gerth, the former New York Times reporter who now works for ProPublica, co- authored the report on Clinton’s rogue intelligence operation with Gawker’s Sam Biddle. He said the intelligence operation revealed in the Blumenthal emails reminds him of the Ed Wilson scandal in Libya and the Iran-Contra scandal. He noted that in both cases people were sent to jail or convicted of various crimes.

“You don’t just pick this stuff up from the Internet,” he said, noting “there were human intelligence sources inside of Libya that were gathering this information” and relaying it to Blumenthal, who then forwarded the accounts to Clinton’s private email account.

Gerth emphasized that the Blumenthal emails are “just a minor tiny percentage of what was going on here.” He said “we got a few pieces but don’t have anywhere near the full puzzle” because journalists have to work “with what the hacker chose to download” and take screenshots of two years ago.

According to the Gawker/ProPublica report, “starting weeks before Islamic militants attacked the U.S. diplomatic outpost in Benghazi, Libya, longtime Clinton family confidante Sidney Blumenthal supplied intelligence to then Secretary of State Hillary Clinton gathered by a secret network that included a former CIA clandestine service officer.” Blumenthal’s emails “include at least a dozen detailed reports on events on the deteriorating political and security climate in Libya as well as events in other nations” and they came to light when a Hacker called Guccifer posted them in 2013.

On August 23, 2012, less than three weeks before the Benghazi attacks that killed four Americans, including U.S. Ambassador Chris Stevens, an email, according to the report, cites “‘an extremely sensitive source’ who highlighted a string of bombings and kidnappings of foreign diplomats and aid workers in Tripoli, Benghazi and Misrata, suggesting they were the work of people loyal to late Libyan Prime Minister Muammar Gaddafi.”

As the report points out, Hillary Clinton claimed “that U.S. intelligence officials didn’t have advance knowledge” of security threats in Benghazi, but Blumenthal’s email “portrays a deteriorating security climate” even if the memo, according to Gawker, “doesn’t rise to the level of a warning about the safety of U.S. diplomats.” On the day after the Benghazi attacks, Blumenthal reportedly sent an email sent an email saying a “sensitive source” said that interim Libyan president Mohammed Yussef el Magariaf “was told by a senior security officer” that the Benghazi attacks were “inspired by an anti-Muslim video made in the U.S,” which was the Obama administration’s preferred spin.

The next day, though, Blumenthal reportedly sent an email that “said Libyan security officials believed an Islamist radical group called the Ansa al Sharia brigade had prepared the attack a month in advance and ‘took advantage of the cover’ provided by the demonstrations against the video.” Another email in October of 2012 notes “that Magariaf and the Libyan army chief of staff agree that the ‘situation in the country is becoming increasingly dangerous and unmanageable’ and ‘far worse’ than Western leaders realize.”

The report notes that though the intelligence notes were sent under Blumenthal’s name, they “appear to have been gathered and prepared by Tyler Drumheller, a former chief of the CIA’s clandestine service in Europe who left the agency in 2005.” He has since reportedly established a consulting firm– Tyler Drumheller, LLC. The emails also show that “Cody Shearer, a longtime Clinton family operative,” was also in “close contact with Blumenthal.”

Blumenthal’s hacked emails also show that “he and his associates worked to help the Libyan opposition, and even plotted to insert operatives on the ground using a private contractor.” The emails reveal that Blumenthal and Shearer were negotiating with former Army General David Grange “to place send four operatives on a week-long mission to Tunis, Tunisia, and ‘to the border and back.'” Grange, “a major general in the Army who ran a secret Pentagon special operations unit before retiring in 1999,” according to the report, “subsequently founded Osprey Global Solutions, a consulting firm and government contractor that offers logistics, intelligence, security training, armament sales, and other services.”

The Libyan National Transition Council and Grange’s Osprey Global Solutions, according to documents, agreed that Osprey would “‘assist in the resumption of access to its assets and operations in country’ and train Libyan forces in intelligence, weaponry, and ‘rule-of-land warfare.'” Another email reportedly shows that Drumheller appealed to “then-Libyan Prime Minister Ali Zeidan offering the services of Tyler Drumheller LLC, ‘to develop a program that will provide discreet confidential information allowing the appropriate entities in Libya to address any regional and international challenges.'”

In addition to intelligence information from Libya, the Blumenthal memos, according to the report, “cover a wide array of subjects in extreme detail, from German Prime Minister Angela Merkel’s conversations with her finance minister about French president Francois Hollande–marked ‘THIS INFORMATION COMES FROM AN EXTREMELY SENSITIVE SOURCE’—to the composition of the newly elected South Korean president’s transition team.”

A Clinton spokesman reportedly told the outlets that the Blumenthal emails were part of the nearly 33,000 pages of emails that Clinton turned over to the State Department.

As the report notes, “Blumenthal, a New Yorker staff writer in the 1990s, became a top aide to President Bill Clinton and worked closely with Hillary Clinton during the fallout from the Whitewater investigation into the Clinton family.” Hillary Clinton even reportedly “tried to hire him when she joined President Obama’s cabinet in 2009, but White House Chief of Staff Rahm Emanuel reportedly nixed the idea” because of Blumenthal’s attacks on Obama during the 2008 Democratic primary. On Breitbart News Sunday, Gerth also reminded listeners how close Blumenthal is to the Clintons–he was the last person, for instance, Hillary Clinton spoke to before she went on the Today show during the Monica Lewinsky affair to allege a “vast right-wing conspiracy” against the Clintons.

The emails raise more questions about whether all of the more than 30,000 emails that Clinton deemed to be “personal” were really not “work-related.” Clinton refused to turn her email server over to a third party and Rep. Trey Gowdy (R-SC), who chairs the House Select Benghazi Committee, revealed on Friday that Clinton had wiped her email server “clean.” Gowdy, citing “huge gaps” in the emails that his committee has received, has indicated that there may be many relevant emails regarding Libya that Clinton may not have turned over, which is why he has indicated that the House may take legal action to get access to Clinton’s email server.

“There are gaps of months and months and months. And if you think to that iconic picture of her on a C-17 flying to Libya, she has sunglasses on and she has her handheld device in her hand, we have no e-mails from that day. In fact, we have no e-mails from that trip, Gowdy said on a recent appearance on CBS’s Face the Nation. “So, it’s strange credibility to believe that if you’re on your way to Libya to discuss Libyan policy that there’s not a single document that has been turned over to Congress. So, there are huge gaps. And with respect to the president, it’s not up to Secretary Clinton to decide what is a public record and what’s not.”

Gerth pointed out that “these things these usually have layers to them” and there is a lot more that needs to be unearthed.

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Begin Trace Mode for Comment # 4.

#1. To: out damned spot, TooConservative, tomder55 (#0)

The stinking plot thickens.

These Xlintons learned much from Nixon.

redleghunter  posted on  2015-03-30   0:17:50 ET  Reply   Untrace   Trace   Private Reply  


#4. To: redleghunter (#1)

These Xlintons learned much from Nixon.

You can't be ignorant enough to be serious!

I am no fan of Richard "Wage and Price Controls,and lets open relations with China while we are at it!" Nixon,but ALL he was guilty of was participating in the coverup. He had no part in the actual crime.

On the other hand,BOTH Clintons have been involved in treason since their college days. Hillary was even caught manufacturing evidence against Nixon when she worked for the Watergate committee,and hiding evidence favorable to him and was fired for it by Archibald Cox with the recommendation that "she never be hired or appointed to any position of trust with the government in the future."

sneakypete  posted on  2015-03-30   6:42:40 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 4.

#6. To: sneakypete (#4)

hese Xlintons learned much from Nixon. You can't be ignorant enough to be serious!

I think that redleg is implying that they learned not to make the mistakes Nixon made. Like destroying evidence to coverup the truth.

A K A Stone  posted on  2015-03-30 07:49:32 ET  Reply   Untrace   Trace   Private Reply  


#11. To: sneakypete, redleghunter (#4)

Hillary was even caught manufacturing evidence against Nixon when she worked for the Watergate committeeand hiding evidence favorable to him and was fired for it by Archibald Cox with the recommendation that "she never be hired or appointed to any position of trust with the government in the future."

Urban myth.

http://www.snopes.com/politics/clintons/zeifman.asp

FALSE

Is this true or false?

As a 27 year old staff attorney for the House Judiciary Committee during the Watergate investigation, Hillary Rodham was fired by her supervisor, lifelong Democrat Jerry Zeifman. When asked why Hillary Rodham was fired, Zeifman said in an interview, "Because she was a liar. She was an unethical, dishonest lawyer, she conspired to violate the Constitution, the rules of the House, the rules of the Committee, and the rules of confidentiality.""

Origins: Former First Lady Hillary Clinton is no stranger to political scandal and controversy, and a specific accusation concerning her work as a young lawyer on the Watergate investigation has dogged her political career for more than a decade. The claim originated with Jerry Zeifman, under whom Clinton worked in 1974 as a member of the impeachment inquiry staff for the House Committee on the Judiciary during the course of the scandal.

The notion Hillary Clinton was fired by Jerry Zeifman for "lying" and "unethical behavior" has circulated across social media and in e-mails for years. The belief that Clinton's early career was marked by this buried scandal is widespread, but is there any merit to the claim?

By Zeifman's own admission there is not. Statements made by Zeifman himself contradict the claim he fired Hillary Clinton. During a 1998 interview with the Sacramento Bee in which he discussed his work with Clinton on Watergate, Zeifman not only stated he hadn't fired her, but he didn't even have the authority to fire her:

If I had the power to fire her, I would have fired her.

Ten years later, Zeifman's story had shifted. When asked by radio host Neal Boortz in April 2008 if he had fired Hillary Clinton from the Watergate investigation, Zeifman hedged by stating Clinton had been let go, but only as part of a layoff of multiple personnel who were no longer needed:

Well, let me put it this way. I terminated her, along with some other staff members who were — we no longer needed, and advised her that I would not — could not recommend her for any further positions.
Following Zeifman's 2008 interview with Boortz, a column by Dan Calabrese ("FLASHBACK: HILLARY CLINTON FIRED FROM WATERGATE INVESTIGATION FOR 'LYING, UNETHICAL BEHAVIOR'") cemented the belief that Hillary Clinton had been "fired" from the Watergate investigation in political lore:

Jerry Zeifman, a lifelong Democrat, supervised the work of 27-year-old Hillary Rodham on the committee. Hillary got a job working on the investigation at the behest of her former law professor, Burke Marshall, who was also Sen. Ted Kennedy’s chief counsel in the Chappaquiddick affair. When the investigation was over, Zeifman fired Hillary from the committee staff and refused to give her a letter of recommendation — one of only three people who earned that dubious distinction in Zeifman's 17-year career.

However, one need only go back to the source of the rumor and Zeifman's own statement that he did not have the power to fire Hillary Clinton to discount that now common version of political lore: the evidence indicates that, whatever Zeifman may have thought of Clinton's behavior, she was let go from the Watergate committee because she was one of a number of people who were no longer needed as the investigation wound down (and Nixon's resignation made the issue moot), not because she was "fired" over ethical issues.

Last updated: 21 October 2014

nolu chan  posted on  2015-03-30 17:04:00 ET  Reply   Untrace   Trace   Private Reply  


#47. To: sneakypete, redleghunter (#4)

[sneakypete #4] Nixon,but ALL he was guilty of was participating in the coverup. He had no part in the actual crime.

Nixon was not apprehended as a burglar. He very soon participated in a conspiracy to obstruct justice and got caught. SCOTUS ruled 8-0 that he had to release the actual tapes; the previously released select transcripts would not do. Within days of releasing the tapes, Nixon resigned.

https://en.wikipedia.org/wiki/Watergate_tapes#The_.22smoking_gun.22_tape

In late July 1974, the White House released the subpoenaed tapes. One of those tapes was the so-called "smoking gun" tape, from June 23, 1972, six days after the Watergate break-in. In that tape, Nixon agrees that administration officials should approach Richard Helms, Director of the CIA, and Vernon A. Walters, Deputy Director, and ask them to request L. Patrick Gray, Acting Director of the FBI, to halt the Bureau's investigation into the Watergate break-in on the grounds that it was a national security matter. The special prosecutor felt that Nixon, in so agreeing, had entered into a criminal conspiracy whose goal was the obstruction of justice.

Once the "smoking gun" tape was made public on August 5, Nixon's political support practically vanished. The ten Republicans on the House Judiciary Committee who had voted against impeachment in committee announced that they would now vote for impeachment once the matter reached the House floor. He lacked substantial support in the Senate as well; Barry Goldwater and Hugh Scott estimated no more than 15 Senators were willing to even consider acquittal. Facing certain impeachment in the House of Representatives and equally certain conviction in the Senate, Nixon announced his resignation on the evening of Thursday, August 8, to take effect noon the next day.

It would certainly be one of the very few times the President issued an unconditional pardon to an inocent man to prevent a trial being brought. But then Gerry Ford, the president who issued the pardon, stated, "The acceptance of a pardon, I think, can be construed by many, if not all, as an admission of guilt."

http://www.presidency.ucsb.edu/ws/index.php?pid=4696&st=&st1=

61 - Proclamation 4311 - Granting Pardon to Richard Nixon
September 8, 1974

By the President of the United States of America
A Proclamation

Richard Nixon became the thirty-seventh President of the United States on January 20, 1969 and was reelected in 1972 for a second term by the electors of forty-nine of the fifty states. His term in office continued until his resignation on August 9, 1974.

Pursuant to resolutions of the House of Representatives, its Committee on the Judiciary conducted an inquiry and investigation on the impeachment of the President extending over more than eight months. The hearings of the Committee and its deliberations, which received wide national publicity over television, radio, and in printed media, resulted in votes adverse to Richard Nixon on recommended Articles of Impeachment.

As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States. Whether or not he shall be so prosecuted depends on findings of the appropriate grand jury and on the discretion of the authorized prosecutor. Should an indictment ensue, the accused shall then be entitled to a fair trial by an impartial jury, as guaranteed to every individual by the Constitution.

It is believed that a trial of Richard Nixon, if it became necessary, could not fairly begin until a year or more has elapsed. In the meantime, the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former President of the United States. The prospects of such trial will cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.

Now, Therefore, I, Gerald R. Ford, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.

In Witness Whereof, I have hereunto set my hand this eighth day of September, in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.

/s/ Gerald R. Ford

GERALD R. FORD

http://www.presidency.ucsb.edu/ws/index.php?pid=4717

80 - The President's News Conference
September 16, 1974

Public Papers of the Presidents
Gerald R. Ford 1974

[...]

QUESTIONS PARDON FOR FORMER PRESIDENT NIXON

[1.] Q. Mr. President, some Congressional Republicans who have talked to you have hinted that you may have had a secret reason for granting President Nixon a pardon sooner than you indicated you would at the last news conference, and I wonder if you could tell us what that reason was?

THE PRESIDENT. At the outset, let me say I had no secret reason, and I don't recall telling any Republican that I had such a reason.

Let me review quickly, if I might, the things that transpired following the last news conference.

As many of you know, I answered two, maybe three, questions concerning a pardon at that time. On return to the office, I felt that I had to have my counsel undertake a thorough examination as to what my right of pardon was under the Constitution. I also felt that it was very important that I find out what legal actions, if any, were contemplated by the Special Prosecutor.

That information was found out, and it was indicated to me that the possibility exists, the very real possibility, that the [former] President would be charged with obstructing justice and 10 other possible criminal actions.

In addition, I asked my general counsel to find out, if he could, how long such criminal proceedings would take, from the indictment, the carrying on of the trial, et cetera. And I was informed that this would take a year, maybe somewhat longer, for the whole process to go through.

I also asked my counsel to find out whether or not, under decisions of the judicial system, a fair trial could be given to the former President.

After I got that information, which took 2 or 3 days, I then began to evaluate, in my own mind, whether or not I should take the action which I subsequently did. Miss Thomas [Helen Thomas, United Press International].

Q. Throughout your Vice Presidency, you said that you didn't believe that former President Nixon had ever committed an impeachable offense. Is that still your belief, or do you believe that his acceptance of a pardon implies his guilt or is an admission of guilt?

THE PRESIDENT. The fact that 38 members of the House Committee on the Judiciary, Democrat and Republican, have unanimously agreed in the report that was filed that the former President was guilty of an impeachable offense, I think, is very persuasive evidence. And the second question, I don't--

Q. Was it an admission of guilt?

THE PRESIDENT. Was the acceptance of the pardon by the President an admission of guilt? The acceptance of a pardon, I think, can be construed by many, if not all, as an admission of guilt.

Yes, Mr. Nessen [Ron Nessen, NBC News].

Q. What reports have you received on Mr. Nixon's health, and what effect, if any, did this have on your decision to pardon him now?

THE PRESIDENT. I have asked Dr. Lukash, who is the head physician in the White House, to keep me posted in proper channels as to the former President's health. I have been informed on a routine day-to-day basis, but I don't think I am at liberty to give any information as to those reports that I have received.

You also asked what impact did the President's health have on my decision. I think it is well known that just before I gave my statement, at the time that I gave the pardon, I personally wrote in a phrase "the threat to the President's health."

The main concern that I had at the time I made the decision was to heal the wounds throughout the United States. For a period of 18 months or longer, we had had turmoil and divisiveness in the American society. At the same time, the United States had major problems, both at home and abroad, that needed the maximum personal attention of the President and many others in the Government.

It seemed to me that as long as this divisiveness continued, this turmoil existed, caused by the charges and countercharges, the responsible people in the Government could not give their total attention to the problems that we had to solve at home and abroad.

And the net result was I was more anxious to heal the Nation--that was the top priority. And I felt then, and I feel now, that the action I took will do that. I couldn't be oblivious, however, to news accounts that I had concerning the President's health, but the major reason for the action I took related to the effort to reconcile divisions in our country and to heal the wounds that had festered far too long.

Q. Mr. President, after you had told us that you were going to allow the legal process to go on before you decided whether to pardon him, why did you decide on Sunday morning, abruptly, to pardon President Nixon?

THE PRESIDENT. I didn't decide abruptly. I explained a moment ago the process that I went through subsequent to the last press conference. And when I had assembled all of that information that came to me through my counsel, I then most carefully analyzed the situation in the country, and I decided that we could not afford in America an extended period of continued turmoil. And the fact that the trial and all of the parts thereof would have lasted a year, perhaps more, with the continuation of the divisions in America, I felt that I should take the action that I did promptly and effectively.

FORMER PRESIDENT'S TAPES AND DOCUMENTS

[2.] Q. Mr. President, I would like to ask you a question about the decision relating to custody of the Nixon tapes and documents. Considering the enormous interest that the Special Prosecutor's office had in those documents for further investigation, I am wondering why the negotiations with Mr. Nixon's representatives were conducted strictly between the counsel in your office without bringing in discussions with either Mr. Jaworski's representatives or those from the Justice Department?

THE PRESIDENT. In the first place, I did receive a memorandum, or legal opinion, from the Department of Justice which indicated that in the opinion of the Department of Justice, the documents, tapes--the ownership of them-were in the hands of the former President.1 And historically, that has been the case for all Presidents.

In a news briefing held on September 8, 1974, Counsel to the President Philip W. Buchen announced, in regard to the status of the Presidential materials of Richard Nixon, that Attorney General William B. Saxbe had determined that "such materials are the present property of Mr. Nixon; however, it is also concluded that during the time the materials remain in the custody of the United States, they are subject to subpoenas and court orders directed to any official who controls that custody."

The texts of the Attorney. General's legal opinion, dated September 6, 1974, and a September 6 letter of agreement between Mr. Nixon and Administrator of General Services Arthur F. Sampson concerning control of and access to Mr. Nixon's Presidential materials, were released by the White House September 8. They are printed in the Weekly Compilation of Presidential Documents (vol. 10, pp. 1104 and 1105).

Now, the negotiations for the handling of the tapes and documents were undertaken and consummated by my staff and the staff of the former President. I believe that they have been properly preserved, and they will be available under subpoena for any criminal proceeding. Now, the Special Prosecutor's staff has indicated some concern. I am saying tonight that my staff is working with the Special Prosecutor's staff to try and alleviate any concerns that they have. I hope a satisfactory arrangement can be worked out.

PREVIOUS STATEMENTS ON PARDON

[3.] Q. Mr. President, during your confirmation hearings as Vice President, you said that you did not think that the country would stand for a President to pardon his predecessor. Has your mind changed about such public opinion?

THE PRESIDENT. In those hearings before the Senate Committee on Rules and Administration, I was asked a hypothetical question. And in answer to that hypothetical question, I responded by saying that I did not think the American people would stand for such an action.

Now that I am in the White House and don't have to answer hypothetical questions but have to deal with reality, it was my judgment, after analyzing all of the facts, that it was in the best interest of the United States for me to take the action that I did.

I think if you will reread what I said in answer to that hypothetical question, I did not say I wouldn't. I simply said that under the way the question was phrased, the American people would object.

But I am absolutely convinced, when dealing with reality in this very, very difficult situation, that I made the right decision in an effort--an honest, conscientious effort--to end the divisions and the turmoil in the United States. Mr. Lisagor [ Peter Lisagor, Chicago Daily News ].

SAFEGUARDING OF TAPES AND DOCUMENTS

[4.] Q. Mr. President, is there any safeguard in the tapes agreement that was made with Mr. Nixon, first, with their destruction in the event anything happens to him, because under the agreement they will be destroyed, and secondly, should not the tapes be kept in the White House until the Special Prosecutor has finished dealing with them?

THE PRESIDENT. The tapes and the documents are still in our possession, and we are, as I said a moment ago, working with the Special Prosecutor's office to alleviate any concerns they have as to their disposition and their availability.

The agreement as to destruction is quite clear-cut. As long as Mr. Nixon is alive and during the period of time that is set forth, they are available for subpoena by a court involving any criminal proceedings. I think this is a necessary requirement for the protection of evidence for any such action.

THE CIA AND CHILE

[...]

FURTHER QUESTIONS ON PARDON DECISION

[6.] Q. In view of public reaction, do you think that the Nixon pardon really served to bind up the Nation's wounds? I wonder if you would assess public reaction to that move.

THE PRESIDENT. I must say that the decision has created more antagonism than I anticipated. But as I look over the long haul with a trial, or several trials, of a former President, criminal trials, the possibility of a former President being in the dock, so to speak, and the divisions that would have existed not just for a limited period of time but for a long period of time, it seems to me that when I had the choice between that possibility and the possibility of taking direct action hoping to conclude it, I am still convinced, despite the public reaction so far, that the decision I made was the right one.

Q. Mr. President, in regard to the pardon, you talk about the realities of the situation. Now those realities, rightly or wrongly, include a good many people who speculate about whether or not there is some sort of arrangement--they even, some of them, call it a deal--between you and the former President, or between your staff and his staff--resignation in exchange for a full pardon.

The question is: Is there or was there, to your knowledge, any kind of understanding about this?

THE PRESIDENT. There was no understanding, no deal between me and the former President, nor between my staff and the staff of the former President, none whatsoever.

ACCESS TO INCOME TAX RETURNS

[...]

OWNERSHIP OF PRESIDENTIAL PAPERS

[8.] Q. Mr. President, looking beyond the Nixon papers and in view of some criticism in Congress, do you believe we may have now reached the point where Presidential White House papers should remain in the Government's hands as the property of the Government?

THE PRESIDENT. As far as I am personally concerned, I can see a legitimate reason for Presidential papers remaining the property of the Government. In my own case, I made a decision some years ago to turn over all of my Congressional papers, all of my Vice Presidential papers, to the University of Michigan archives.

As far as I am concerned, whether they go to the archives for use or whether they stay the possession of the Government, I don't think it makes too much difference. I have no desire, personally, to retain whatever papers come out of my Administration. Mr. Mollenhoff [Clark R. Mollenhoff, Des Moines Register and Tribune].

THE PARDON DECISION

[9.] Q. Mr. President, at the last press conference you said, "The code of ethics that will be followed will be the example that I set." Do you find any conflicts of interest in the decision to grant a sweeping pardon to your life-long friend and your financial benefactor with no consultation for advice and judgment for the legal fallout?

THE PRESIDENT. The decision to grant a pardon to Mr. Nixon was made primarily, as I have expressed, for the purpose of trying to heal the wounds throughout the country between Americans on one side of the issue or the other. Mr. Nixon nominated me for the office of Vice President. I was confirmed overwhelmingly in the House as well as in the Senate. Every action I have taken, Mr. Mollenhoff, is predicated on my conscience without any concern or consideration as to favor as far as I am concerned.

CONDITIONAL AMNESTY AND THE PARDON DECISION

[10.] Q. If your intention was to heal the wounds of the Nation, sir, why did you grant only a conditional amnesty to the Vietnam war draft evaders while granting a full pardon to President Nixon?

THE PRESIDENT. The only connection between those two cases is the effort that I made in the one to heal the wounds involving the charges against Mr. Nixon and my honest and conscientious effort to heal the wounds for those who had deserted military service or dodged the draft. That is the only connection between the two.

In one case, you have a President who was forced to resign because of circumstances involving his Administration, and he has been shamed and disgraced by that resignation. In the case of the draft dodgers and Army and military deserters, we are trying to heal the wounds by the action that I took with the signing of the proclamation this morning.

REPORTS ON WATERGATE INVESTIGATION

[11.] Q. Mr. President, another concern that has been voiced around the country since the pardon is that the judicial process as it finally unwinds may not write the definitive chapter on Watergate and perhaps with particular regard to Mr. Nixon's particular involvement, however total, however it may have been in truth. My question is, would you consider appointing a special commission with extraordinary powers to look into all of the evidentiary material and to write that chapter and not leave it to later history?

THE PRESIDENT. Well, it seems to me as I look at what has been done, I think you find a mass of evidence that has been accumulated. In the first instance, you have the very intensive investigation conducted by the House Committee on the Judiciary. It was a very well-conducted investigation. It came up with volumes of information.

In addition, the Special Prosecutor's office under Mr. Jaworski has conducted an intensive investigation and the Special Prosecutor's office will issue a report at the conclusion of their responsibilities that I think will probably make additional information available to the American people.

And thirdly, as the various criminal trials proceed in the months ahead, there obviously will be additional information made available to the American people. So, when you see what has been done and what undoubtedly will be done, I think the full story will be made available to the American people.

SUCCESSORS TO GENERAL HAIG AND PRESS SECRETARY TER HORST

[...]

THE FORMER PRESIDENT'S HEALTH

[13.] Q. Mr. President, prior to your deciding to pardon Mr. Nixon, did you have, apart from those reports, any information either from associates of the President or from his family or from any other source about his health, about his medical condition?

THE PRESIDENT. Prior to the decision that I made granting a pardon to Mr. Nixon, I had no other specific information concerning his health other than what I had read in the news media or heard in the news media. I had not gotten any information from any of the Nixon family.

The sole source was what I had read in the news media plus one other fact. On Saturday, before the Sunday, a member of my staff was working with me on the several decisions I had to make. He was, from my staff, the one who had been in negotiations on Friday with the President and his staff. At the conclusion of some decisions that were made, I asked him, how did the President look, and he reported to me his observations.

But other than what I had read or heard and this particular incident, I had no precise information concerning the President's health.

[...]

nolu chan  posted on  2015-04-05 17:38:52 ET  Reply   Untrace   Trace   Private Reply  


#104. To: sneakypete, redleghunter (#4)

Nixon,but ALL he was guilty of was participating in the coverup. He had no part in the actual crime.

Article 2

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 purposed of these agencies.

This conduct has included one or more of the following:

  1. He has, acting personally and through his subordinates and agents, endeavoured to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposed not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigations to be intitiated or conducted in a discriminatory manner.

  2. He misused the Federal Bureau of Investigation, the Secret Service, and other executive personnel, in violation or disregard of the constitutional rights of citizens, by directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; he did direct, authorize, or permit the use of information obtained thereby for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office; and he did direct the concealment of certain records made by the Federal Bureau of Investigation of electronic surveillance.

  3. He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.

  4. He has failed to take care that the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavoured to impede and frustrate lawful inquiries by duly constituted executive, judicial and legislative entities concerning the unlawful entry into the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities including those relating to the confirmation of Richard Kleindienst as Attorney General of the United States, the electronic surveillance of private citizens, the break-in into the offices of Dr. Lewis Fielding, and the campaign financing practices of the Committee to Re-elect the President.

  5. In disregard of the rule of law, he knowingly misused the executive power by interfering with agencies of the executive branch, including the Federal Bureau of Investigation, the Criminal Division, and the Office of Watergate Special Prosecution Force, of the Department of Justice, and the Central Intelligence Agency, in violation of his duty to take care that the laws be faithfully executed.

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.

Adopted 28-10 by the Committee on the Judiciary of the House of Representatives.

http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%26*2%3C4RL%3B9%0A

1. Conspiracy. President Nixon, H. R. Haldeman, John Ehrlichman, Charles Colson, John Dean, John Mitchell, Herbert Kalmbach, and Maurice Stans, in concert with and abetted by others, conspired together to devise and carry out a plan or scheme to commit various crimes against numerous citizens of the United States who opposed the policies of Richard M. Nixon. President Nixon and his coconspirators thereby conspired to commit burglary in violation of 22 D.C. Code 1801; violated federal statutes making it a crime to wiretap, section 2510 et seq. of the United States Criminal Code (Title 18, U.S.C.); conspired to deprive citizens of civil rights in violation of section 241 of the Criminal Code; conspired to violate other federal statutes (e.g., the wiretap statute) in violation of section 371 of the Criminal Code; violated the President's constitutional duty to take care that the laws be faithfully executed, article 11, section 3; violated the First amendment rights of persons to freedom of speech, and violated the Fourth amendment rights of persons to be secure from unreasonable searches and seizures. Pursuant to the plan or scheme specified in Count 1, President Nixon and his co-conspirators:

2. Illegal Wiretaps. Caused wiretaps to be placed on the telephones of seventeen persons without having obtained a court order authorizing the tap, as required by federal law; in violation of sections 241, 371 and 2510-11 of the Criminal Code.

3. Conspiracy to Suppress Free Speech. Caused harassment, by means of tax audits and other acts by the Internal Revenue Service, of named persons designated as political "enemies" of President Nixon for the purpose of inhibiting or preventing their exercise of First amendment rights, in violation of section 241 of the Criminal Code.

4. Conspiracy to Commit Burglary and Other Crimes. Caused the creation and adoption of a so called "domestic intelligence plan" for securing information about American citizens, under which plan it was intended to commit unlawful acts of burglary, wiretapping, bugging and the opening of mail; in violation of sections 241 and 371 of the Criminal Code.

5. Burglary. Caused the creation of a "special investigations unit," called "the Plumbers," in which were employed, inter alia, G. Gordon Liddy and E. Howard Hunt, which carried out a burglary on September 3, 1972 of the office of Lewis Fielding, M.D. in Los Angeles, California, for the purpose of obtaining evidence for use in the trial of Daniel Ellsberg; in violation of sections 182.1, 459, 6020(j) and 647(a) of the California Penal Code and section 241 of the Criminal Code.

6. Obstruction of Justice. Attempted to influence a United States District Court Judge, Hon. W. Matthew Byrne, in a matter then pending trial before him, to wit, the prosecution by the United States of Daniel Ellsberg for violation of the espionage statutes, by suggesting to Judge Byrne that he might be appointed as Director of the Federal Bureau of Investigation; in violation of sections 371 and 1503 of the Criminal Code.

7. Conspiracy to Commit Crimes to Influence the Election. Adopted a plan or scheme proposed by G. Gordon Liddy to employ various unlawful devices, including wiretaps, illegal entries, assault and battery and prostitution, to influence the results of the 1972 Presidential election in a manner favorable to Richard M. Nixon; in violation of section 371 of the Criminal Code.

8. Burglary. Caused the commission of two acts of burglary on May 27, 1972 and June 17, 1972, by the "Plumbers" into the offices of the Democratic National Committee in the Watergate Office Building, 2500 Virginia Avenue, N.W., in the District of Columbia, in violation of 22 D.C. Code 1801; the placing therein of a telephone wiretap in violation of section 2510 of the Criminal Code; in violation of sections 241 and 371 of the Criminal Code.

9. Obstruction of Justice, Perjury. Concealed the complicity of high officials of the White House staff and of the campaign Committee to Re-Elect the President in the acts specified in Counts 7 and 8, for the purpose of defeating and preventing criminal prosecutions by the United States, by (a) destroying documentary evidence, (b) concealing the existence of documentary evidence, (c) promising executive clemency and paying money and causing money to be paid to G. Gordon Liddy, E. Howard Hunt, Bernard Barker, Virgilio Gonzales, Frank Sturgis, James McCord and Eugenio Martinez to induce them, and which did induce them, to plead guilty to charges of burglary and to withhold testimony and to refuse to testify before a grand jury and at trial, (d) suborning perjury by Jeb S. Magruder at the trial of Liddy, et al.; in violation of sections 371, 1503, 1510, 1621 and 1622 of the Criminal Code.

10. Conspiracy to Defraud the United States. President Nixon, H. R. Haldeman, John Ehrlichman, Charles Colson, John Dean, Herbert Kalmbach and Maurice Stans, in concert with and aided and abetted by others, conspired to devise and carry out a plan or scheme to obtain money to spend for and- in support of the reelection of Richard M. Nixon as President of the United States in 1972, in which they employed various unlawful means, to wit, obtaining campaign contributions from corporations and foreign nationals in violation of sections 610 and 613 of the Criminal Code, and soliciting and/or obtaining campaign contributions from individuals, political committees, corporations and foreign nationals in exchange for promises of governmental benefit and/or the withholding of governmental sanctions and/or the cessation of governmental law enforcement action; in violation of article II, section 4 of the Constitution and sections 201, 241, 371, 1503 and 1505 of the Criminal Code. Pursuant to the plan or scheme specified in Count 10, President Nixon and his co-conspirators:

11. Illegal Campaign Contributions from Corporations. Solicited and obtained before April 7, 1972, campaign contributions from seven corporations, in violation of sections 371 and 610 of the Criminal Code, and by means of express or implied promises of governmental benefits and/or threats of the withholding of governmental benefits; in violation of sections 201, 371 and 872 of the Criminal Code.

12. Bribery, Fraud. Solicited a contribution of $200,000 to $400,000 and obtained a contribution of $100,000 from the ITT Corporation promised on July 21, 1971, and delivered on August 5, 1971 to support the Republican National Convention expected to be held in San Diego, California; by means of promises, express or implied, to obtain a decision by the Antitrust Division of the Department of Justice, which decision was obtained on July 31, 1971, to accept a consent decree which permitted ITT to retain the Hartford Fire Insurance Co., which the Antitrust Division had theretofore opposed by the filing and prosecution of a civil antitrust action in the United States District Court for the District of Connecticut; in violation of article 11, section 4 of the Constitution and sections 201, 271, 872 and 1505 of the Criminal Code.

13. Bribery, Fraud. Solicited and obtained a promise of a campaign contribution of $2,000,000 for President Nixon's reelection campaign from Associated Milk Producers, Inc. (AMPI), a dairy farm cooperative, in exchange for conferring on December 31, 1970, a governmental benefit on AMPI, to wit, the promulgation by President Nixon of reduced quotas for imports of dairy products; in violation of article 11, section 4 of the Constitution and sections 201, 371, 872 and 1505 of the Criminal Code.

14. Bribery, Fraud. Solicited and obtained from three dairy producer cooperatives a promise of contributions to President Nixon's reelection campaign and obtained at least $427,500 in such contributions, from March 22, 1971, to November 6, 1972, in exchange for conferring upon the three cooperatives on March 25, 1971, a governmental benefit, to wit, an increase ordered by the Secretary of Agriculture in the minimum price support level for dairy products for 1971-72 from $4.66 to $4.93 per 100 lbs. of fluid manufacturing grade milk; at a cost of $125 million to the Treasury of the United States and to the profit of the dairy industry of $500 to $700 million; in violation of article 11, section 4 of the Constitution and sections 201, 371, 872 and 1505 of the Criminal Code.

15. Conspiracy. Solicited and obtained from AMPI's political committee, TAPE, a contribution of $5,000, delivered on September 3, 1973, at a meeting which President Nixon attended, part of the funds obtained as specified in Count 14, expressly for the purpose of paying the costs of the "plumbers"'burglary of the office of Dr. Lewis Fielding specified in Count 8; in violation of sections 241 and 371 of the Criminal Code.

16. Bribery, Fraud. Solicited and obtained for the reelection campaign of President Nixon, from Robert Allen, President of Gulf Resources and Chemical Co., Inc., on April 3-5, 1972, a contribution of $100,000 of corporate funds in violation of section 610 of the Criminal Code, in exchange for the cessation and withholding, on March 29, 1972, of civil enforcement action by the Environmental Protection Agency of the United States Government to abate air and water pollution by Gulf Resources and Chemical Company's subsidiary Bunker Hill Company's lead and zinc smelter in Idaho; in violation of article 11, section 4 of the Constitution and sections 201, 371, 872 and 1505 of the Criminal Code.

17. Bribery, Fraud. Solicited and obtained for the reelection campaign of President Nixon, on April 9, 1972, from Dwayne O. Andreas, a contribution of $25,000, in exchange for conferring upon Andreas and other persons associated with him a governmental benefit, to wit, the approval by the Comptroller of the Currency of a national bank charter sought by Andreas and his associates, applied for on May 26, 1972 and approved on August 22, 1972; in violation of article II, section 4 of the Constitution and sections 201,- 371, 872 and 1505 of the Criminal Code.

18. Conspiracy. Solicited and obtained the contributions specified in Counts 16 and 17 for the purpose, in part, of paying for the burglary of Democratic National Committee headquarters specified in Count 8, in violation of sections 241 and 371 of the Criminal Code and 22 D.C. Code 1801.

19. Bribery, Fraud, Illegal Foreign Campaign Contributions. Solicited and obtained for the reelection campaign of President Nixon, in April and in October, 1972, contributions totalling $25,000, from Nikos Vardinoyannis, a Greek national; in violation of Section 613 of the Criminal Code, and in exchange for conferring upon Vardinoyannis a governmental benefit, to wit, a contract for $4.7 million in U.S. government funds to supply fuel for the U.S. Sixth Fleet in Piraeus, Greece; in violation of article II, section 4 of the Constitution and sections 201, 371, 872 and 1505 of the Criminal Code.

20. Bribery, Fraud. Solicited and obtained for the reelection campaign of President Nixon, in August, 1972, from officers of carpet manufacturing fines, Martin B. Seretean, Eugene T. Barwick and J. C. Shaw, contributions totalling more than $200,000 in exchange for conferring upon the carpet industry governmental benefits, to wit, a meeting at the White House with Charles Colson and other government officials, including officials from the Department of Commerce, and the withholding by the Department of Commerce of action opposed by the carpet industry, to wit, the introduction of a test for flammability of carpets more stringent and of higher safety than the current test, in violation of article 11, section 4 of the Constitution and sections 201, 371, 872 and 1505 of the Criminal Code.

21. Bribery, Fraud. Solicited and obtained for the reelection campaign of President Nixon, in June, July and August, 1972, from Ray A. Kroc, Chairman of the Board of McDonald's, Inc., contributions of $200,000, in exchange for permission from the Price Commission, first denied on May 21, 1972, then granted on September 8, 1972, to raise the price of the McDonald's quarter Nixon Articles of Impeachment http://classes.lls.edu/archive/manheimk/371d1/nixonarticles.html 7 of 9 11/16/2011 10:49 AM pounder cheeseburger, in violation of article II, section 4 of the Constitution and Section 201, 372, 872 and 1505 of the Criminal Code.

22. Bribery, Fraud. Solicited and obtained for the reelection campaign of President Nixon, from the Seafarer's International Union, on November 2, 1972, a contribution of $100,000, in exchange for the conferring of a governmental benefit, to wit, the decision of the Department of Justice not to appeal dismissal of an indictment against the Union, filed on June 30, 1970,for violations of section 610 of the Criminal Code prohibiting campaign contributions by Unions; in violation of article II, section 4 of the Constitution and sections 201, 371, 610, 872, 1503 and 1505 of the Criminal Code.

23. Bribery, Fraud. Solicited and obtained for the reelection campaign of President Nixon, from Robert Vesco,.on April 10, 1972, a contribution of $200,000, which was not reported to the General Accounting Office as required by law, in exchange for conferring upon Vesco governmental benefits, to wit, arranging a meeting between his attorney, Harry Sears, and federal law enforcement officials, to wit the Chairman of the Securities and Exchange Commission, and promises of other benefits, to wit, that John Mitchell and Maurice Stans would use their influence to prevent law enforcement action from being taken against Vesco; in violation of article II, section 4 of the Constitution and sections 201, 371, 872, 1503 and 1505 of the Criminal Code.

24. Bribery, Fraud. Solicited and obtained, purportedly for the 1972 reelection campaign of President Nixon, in 1969 and 1970, contributions tatalling $100,000 from Howard Hughes, in exchange for governmental benefits, to wit, the approval in 1969 by President Nixon, pursuant to authority conferred on the President by law, of the purchase by Hughes of Air West, a CAB certificated airline with international routes; and the withdrawal in 1970 by the Antitrust Division of the Department of Justice of its opposition to acquisition by Hughes of a seventh gambling casino in Las Vegas, Nevada; in violation of article II, Section 4 of the Constitution and sections 201, 371, 872, 1503 and 1505 of the Criminal Code.

25. Receiving Money Unlawfully Obtained. By the means specified in Counts 10-24 Richard Nixon received and obtained for his own use and benefit and did have the use and benefit, for the purpose of financing his campaign for reelection as President, of moneys illegally obtained as specified in Counts 10-24 to a total amount of $1,652,500, which he knew and/or had reason to know had been unlawfully obtained; in violation of article II, section 4 of the Constitution and sections 201, 241, 371, 872, 1503 and 1505 of the Criminal Code.

26. Conspiracy to Defraud the United States. President Nixon, H. R. Haldamn, Herbert Kalmbach, Frank DeMarco, Charles G. Rebezo and Robert Abplanalp, in concert with and aided and abetted by others, devised and carried out a plan or scheme personally to enrich President Nixon by abuse of the power and authority of his office as President; in violation of article II, sectdon I of the Constitution, sections 271, 641, 1001 and 1505 of the CriminalCode, and section 7201 of the Internal Revenue Code. Pursuant to the plan or scheme specified in Count 26, the President and his co-conspirators:

27. Embezzlement, Fraud. Caused the expenditure of public funds, in the amount of more than one million dollars, for materials and labor to improve, adorn and permanently increase the value of President Nixon's privately owned real property in San Clemente, California and Key Biscayne, Florida, in excess of expenditures authorized by law to provide for the security of the President; in violation of article II, section I of the Constitution and sections 371,641 and 1505 of the Criminal Code.

28. Tax Evasion. Caused the filing of federal income tax returns on behalf of Richard M. Nixon, in which were claimed deductions from taxable income in an amount of approximated $270,000 for purported gifts to the United States of papers of Richard M. Nixon, which deductions were known to the co-conspirators to be unallowable because the gift of papers had not been timely made and consummated; in an attempt to evade or defeat the payment of federal income taxes and by reason of which Richard M. Nixon reduced his personal income tax for 1969 to $792.81 and for 1970 to $878.03, and thereby received in 1970 and 1971 large refunds of withheld taxes; in violation of seetion 7201 of the Internal Revenue Code and sections 371 and 1001 of the Criminal Code.

nolu chan  posted on  2015-04-14 22:34:52 ET  Reply   Untrace   Trace   Private Reply  


#147. To: sneakypete (#4)

[sneakypete #4] Nixon,but ALL he was guilty of was participating in the coverup. He had no part in the actual crime.

“THE” BREAK-IN

August 28, 1971

Office of Dr. Lewis J. Fielding, psychiatrist of Daniel Ellsberg, by Hunt and Liddy.

September 3, 1971

Office of Dr. Lewis J. Fielding, by Barker, De Diego, and Martinez. Hunt and Liddy stood guard outside.

May 26, 1971

Offices of the DNC, by Hunt and Gonzalez, McCord provided surveillance from across the street.

May 27, 1971

DNC, by Sturgis, Gonzalez, Barker, Martinez, McCord, De Diego and Pico. Hunt and Liddy in Watergate room. Aborted, unable to pick lock.

May 27-28

DNC, by Sturgis, Gonzalez, Barker, Martinez, and McCord.

June 17, 1972

DNC, by Barker, Sturgis, Martinez, Gonzalez and McCord. Hunt and Liddy in Watergate room. Busted and arrested.

Of course, the above list of actual break-ins does not include the break-in of the Brookings Institution ordered by President Nixon. On the White House Tapes, Conversation Number 533-1, on June 30, 1971, Presdent Nixon is heard saying to H.R. Haldeman, “The way I want that handled, Bob, is to do it another way. I want—I want Brookings—I want them to just break in.”

The head/co-chair of the White House Special Investigations Unit put a sign on the door of his office, Room 16 in the basement of the Old Executive office Building, DAVID R. YOUNG, PLUMBER. Thus, the unit became known as the plumbers.

David Young was at the White House on July 1, 1971 and the Special Investigations Unit came into formal existence on July 24, 1971. Its existence as an extra-legal intelligence service was a crime. Everyone involved in bringing it into existence and supporting its continued existence were members of a criminal conspiracy and equally guilty of every criminal act entered into by any member of the conspiracy.

While the break-in of the Brookings Institution was called off, the initial concrete step or overt act did occur. The formation of the criminal conspiracy was complete and it included President Nixon. He was subsequently criminally liable for their criminal existence, criminal funding, and all crimes committed by any member of the conspiracy in furtherance of the conspiracy, whether he had any advance knowledge of the acts or whether he approved the acts or not. Nixon’s criminal acts predated the break-in of June 17, 1972.

https://www.fas.org/sgp/crs/misc/R41223.pdf

Congressional Research Service

Federal Conspiracy Law: A Brief Overview

Charles Doyle
Senior Specialist in American Public Law

April 30, 2010

7-7500
www.crs.gov
R41223

At 9:

Conspiracy is a crime which begins with a scheme and may continue on until its objective is achieved or abandoned. The liability of individual conspirators continues on from the time they joined the plot until it ends or until they withdraw. The want of an individual’s continued active participation is no defense as long as the underlying conspiracy lives and he has not withdrawn. An individual who claims to have withdrawn bears the burden of establishing either that he took some action to make his departure clear to his co-conspirators or that he disclosed the scheme to the authorities. As a general rule, overt acts of concealment do not extend the life of the conspiracy beyond the date of the accomplishment of its main objectives. On the other hand, the rule does not apply when concealment is one of the main objectives of the conspiracy.

In the 93rd Congress, 2nd Session, House Report No. 93-1305, “Impeachment of Richard M. Nixon, President of the United States,” August 20, 1974, at page 3, discussing impeachment Article 2, the report states,

(3) He has, acting personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens, authorized and permitted to be maintained a secret investigative unit within the office of the President, financed in part with money derived from campaign contributions, which unlawfully utilized the resources of the Central Intelligence Agency, engaged in covert and unlawful activities, and attempted to prejudice the constitutional right of an accused to a fair trial.

(4) He has failed to take care tat the laws were faithfully executed by failing to act when he knew or had reason to know that his close subordinates endeavored to impete and frustrate lawful inquiries by duly constituted executive, judicial, and legislative entities concerning the unlawful entry ito the headquarters of the Democratic National Committee, and the cover-up thereof, and concerning other unlawful activities, including those relating to the confirmation of Richard Kleindienst as Attorney General of the United States, the electronic surveilance of private citizens, the break-in into the offices of Dr. Lewis Fielding, and the campaign financing practice of the Committee to Re-elect the President.

(5) In disregard of the rule of law, he knowingly misused the executive power by interfering with agencies of the executive branch, including the Federal Bureau of Investigation, the Criminal Division, and the Office of Watergate Special Prosecution Force, of the Department of Justice, and the Central Intelligence Agency, in violation of his duty to take care that the laws by faithfully executed.

At page 35, under “Prior Covert Activities” is found,

Beginning in May, 1969, the White House conducted covert intelligence gathering, not for reasons of national security, but for political purposes. In May, 1969, President Nixon orer the FBI to engage in electronic surveillance of at least seventeen persons, including four newsmen and three White House subordinates whose jobs were unrelated to national security. (Book VII, 142-47, 153).

At 36,

During the same period, White House personnel also engaged directly in illegal surveillance for political purposes. In 1969, Counsel to the President John Erlichman hired Anthony Ulasewicz, a retired police detective, to conduct investigations under the supervision of John Caulfield, a subordinate to Erlichman. (Book VII, 336-44) In June 1969, Caulfield, at Ehrlichan’s direction initiated a wiretap on the residence telephone of newspaper columnist Joseph Kraft. (Book VII, 314-15). Ehrlichman discussed this wiretap with the President. (Book VII, 323) During the next three years, Caulfield and Ulasewicz, under Ehrlichman’s or Dean’s direction, conducted a number of covert inquiries concerning political opponents of the President. (Book VII, 342, 346-47)

Following the publication of the Pentagon Papers in June 1971, the President created a special investigations unit which engaged in covert and unlawful activities. (Book VII, 620-23, 651) This organization (dubbed “the Plumbers) by its members) was based in the White House, under the immediate supervision of John Erlichman. Howard Hunt and Gordon Liddy worked in the Unit. (Book VII, 651) The Plumbers acquired from the FBI information about the Pentagon Papers investigation (Book VII, 952-53)), twice requested the CIA to prepare psychological profiles of Daniel Elsberg (Book VII, 898-99), 1401-03), and formulated a plan to acquire derogatory information about Ellsberg to leak to the press for political purposes. (Book VII, 1126-28) In August, 1971, after obtaining Ehrlichman’s approval for a covery operation, provided it was not traceable, Plumbers co-directors Egil Krough and David Young authorized Hunt and Liddy to undertake an operation to gain access to Ellsberg’s psyciatric records. (Book VII, 1240-44) On September 3, 1971, a team consisting of Bernard Barker, Felipe DeDiego and Eugenio Martinez (all of whom subsequently participated in one of the Watergate break-ins), acting under the direction and immediate supervision of Hunt and Liddy, illegally broke into the office of Dr. Lewis Fielding, Ellsberg’s psychiatrist. (Book VII, 1281-87)

nolu chan  posted on  2015-04-17 00:10:26 ET  Reply   Untrace   Trace   Private Reply  


#148. To: sneakypete (#4)

Nixon,but ALL he was guilty of was participating in the coverup. He had no part in the actual crime.

Article IV (failed 12-26 because “most Committee members believed that Nixon’s false tax return was a ‘personal,’ non-governmental crime, and thus did not warrant the impeachment of the President.”

In his conduct 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 Untied States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, did receive emoluments from the United States in excess of the compensation provided by law pursuant to Article II, Section I, Clause 7 of the Constitution, and did willfully attempt to evade the payment of a portion of Federal income taxes due and owing by him for the years 1969, 1970, 1971, and 1972, in that:

(1) He, during the period for which he has been elected President, unlawfully received compensation in the form of government expenditures at and on his privately-owned properties located in or near San Clemente, California, and Key Biscayne, Florida.

(2) He knowingly and fraudulently failed to report certain income and claimed deductions in the year 1969, 1970, 1971, and 1972 on his Federal income tax returns which were not authorized by law, including deductions for a gift of papers to the United States valued at approximately $576,000. 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.

Impeachment Inquiry, Statement of Information, Book X, Tax Deduction for Gift of Papers, page 19:

On April 3, 1974 the White House issued a statement that the President has "today instructed payment of the $432,787.13 set forth by the Internal Revenue Service, plus interest."

On April 17, 1974, the President and Mrs. Nixon paid by check the amount of deficiency and penalty for 1970, 1971, and 1972, totalling $284,707.16.

Nixon was not legally required to pay the amount for 1969 which was $148,080.97. He announced he was paying it but did not do so.

The House Judiciary Committee rejected proposed Article 4.

The evidence of fraud was overwhelming. The Statement of Information sets it forth in detail with supporting exhibits. That was not why Article 4 was rejected. It was rejected because filing fraudulent tax returns was not considered relevant to Nixon’s performance of his office.

Congressional Record – House, V. 144, No. 154, December 19, 1998, pp. H11932 - H11933

[Mr. Brad Sherman speaking]

H11932
CONGRESSIONAL RECORD —HOUSE
December 18, 1998

Mr. Speaker, I would call this House a kan­garoo court, but that would be an insult to marsupials everywhere.

December 17, 1998.

News Flash 1974: Judiciary Determined Lying Under Oath In Private Matter is Not Impeachable—a Review of Nixon Tax Perjury Article

Dear Colleague:

SUMMARY

In 1974 the Judicary Committee established a precedent that a crime committed in pri­vate life (i.e., Richard Nixon's tax fraud) does not warrant the impeachment of the President. 1969 tax fraud, the Committee was swayed principally by the legal principles de­fining an impeachable offense, not by the lack of factual evidence against Richard Nixon.

The crimes which the Judicary Committee found did not warrant the impeachment of President Nixon are virtually identifical to the two perjury charges against President Clinton.

DETAILED ANALYSIS

President Nixon knowingly filed a 1969 tax return which fradulently claimed that he had donated pre-presidential papers before the date Congress eliminated the charitable tax deduction for such donations. President Nixon, knowing his return was false as to this $576,000 deduction, signed his name under the words: ''Under penalty of perjury, i declare that i have examined this return, including accompanying schedules and state­ments, and to the best of my knowledge and belief it is true, correct and complete.''

In July 1974 Edward Mezvinsky (D-IA), a Member of the House Judiciary Committee, introduced an Article of impeachment alleg­ing that President Nixon had signed ''Under penalty of perjury'' a tax return which Nixon knew was false. while Mezvinsky argued that filing the tax return was an abuse of public power because Nixon knew his red-flag $576,000 deduction would not trigger an audit because he was President. However, most Committee members believed that Nix­on's false tax return was a ''personal,'' non­governmental crime, and thus did not war­rant the impeachment of the President.

The Judiciary Committee voted 26 to 12 against impeaching Nixon for his false tax return.

Technically, Nixon committed ''tax fraud'' not ''perjury'' and was subject to prosecution under the Internal Revenue Code. Yet Nix­on's crime (covered by his pardon) was al­most identical to the perjury of which Clin­ton is accused (and is referred to here as ''tax perjury'')

1. Nixon signed a document under the words ''under penalty of perjury, i declare

2. He presented false information to a fed­eral agency.

3. Nixon lied when he had a legal obliga­tion, enforceable by federal felony statutes, to tell the truth.

4. Nixon's false statements related to a pri­vate matter—his personal liability for fed­eral taxes. (Clinton testified regarding his personal liability to Paula Jones.)

5. Nixon ignored the ''rule of law'' and his legal obligation to tell the truth.

Some have argued that the Judiciary Com­mittee did not pass a Tax Perjury Article of Impeachment against Nixon only because the facts were unclear. A review of the Com­mittee Report shows that some members thought the factual evidence against Nixon was weak, while other Members thought that a criminal act in the conduct of personal af­fairs did not warrant the impeachment of the President. (see attached excerpt.)

Most of the Members of the Judiciary Com­mittee did not speak on the record on the Tax Perjury Article. So how are we to know the reason for their vote and the precedent the 26 to 12 vote established.

The person most aware of the reasoning of the Committee Members regarding the Arti­cle is its author Edward Mezvinsky (D-IA), who lobbied his colleagues on both side of the aisle to get his Article adopted. I called Mr. Mezvinsky yesterday and talked with him at length about his efforts in 1974 to convince his colleagues to vote for his Arti­cle. He told me that the clear majority of those who voted against his Article did so because they concluded that a crime com­mitted in private life, which did not relate to an abuse of Presidential power and was not as heinous as murder or rape, did not war­rant the impeachment of a President.

Mr. Mezvinsky is a Democrat. Is he re­membering or interpreting the vote on his 1974 Article of impeachment to establish a precedent favorable to our current Demo­cratic President? Has his memory faded with time over the last 24 years?

Fortunately, in 1975 Mezvinsky wrote an article for the Georgetown Law Journal de­scribing the thought process of his col­leagues and providing a contemporaneous statement of the legal conclusions reached in 1974 by the Judiciary Committee.

Mr. Mezvinsky first explains the staff guid­ance the Committee received, and then the conclusion of the Members of the Commit­tee, which followed that guidance. ''The staff nevertheless injected a requirement of sub­stantiality into the impeachment formula: to constitute an impeachable offense, presi­dential conduct must be 'seriously incompat­ible with either the constitutional form and principles of our government or the proper performance of constitutional duties of the presidential office.' [Staff of the Impeach­ment Inquiry, House Comm. On the Judici­ary, 93rd Cong., 2nd sess., Constitutional Grounds for Presidential Impeachment 26-27 (Comm. Print 1974).]''

''Most opponents of the Tax Article felt that willful tax evasion did not rise to the level of an impeachable offense requiring re­moval of the President.''—Edward Mez­vinsky, Georgetown Law Journal, 1975, Vol­ume 63: 1071 at pages 1078-1079.

The record on the Nixon impeachment process further supports the conclusion that impeachment of a President is warranted only for an offense against our very system, an offense subversive of the government itself.

A memorandum setting forth the views of certain Republican Members (including cur­rent senate Majority Leader Trent Lott) of the Judiciary Committee in 1974 similarly emphasized the necessarily serious and pub­lic character of any alleged offense: ''It is not a fair summary . . . to say that the Framers were principally concerned with reaching a course of conduct, whether or not criminal, generally inconsistent with the proper and effective exercise of the office of the presidency. They were concerned with pre­serving the government from being overthrown by the treachery or corruption of one man. . . . [I]t is our judgment, based upon this con­stitutional history, that the Framers of the United States Constitution intended that the President should be removable by the legislative branch only for serious misconduct dangerous to the system of government established by the Constitution." [Nixon Report at 364-365 (Mi­nority Views of Messrs. Hutchinson, Smith, Sandman, Wiggins, Dennis, Mayne, Lott, Moorhead, Maraziti and Latta) (final empha­sis added).]

CONCLUSION

A 1975 law journal article tells the story. In 1974 a Judiciary Committee, dominated by Democrats, was confronted with a President who had lied on a tax return signed ''under penalty of perjury.'' That crime dishonored President Nixon, undermined respect for law, and called into doubt Mr. Nixon's credibility on public matters. However the Committee applied the following formula: seriously in­compatible with either the constitutional form and principles of our government or the proper performance of constitutional duties of the presidential office.

That same standard should be applied to President Clinton. The first two articles al­lege that President Clinton lied ''under pen­alty of perjury'' and through that action un­dermined respect for law, and his own credi­bility and honor. Yet President Clinton's ac­tions do not warrant the impeachment of a President under the standards formulated by the Judiciary Committee in 1974 and applied by most Committee Members in rejecting the Tax Perjury Article of Impeachment against Richard Nixon.

I urge you to follow the standard enun­ciated and followed by the Judiciary Com­mittee in 1974 and reject the first two Arti­cles of Impeachment against President Clin­ton. I hope you will also join me in voting against the third and fourth Articles as well. Very truly yours,

Brad Sherman.

EXCERPTS FROM HEARINGS OF THE HOUSE JU­DICIARY COMMITTEE, JULY 1974, ON AN ARTI­CLE OF IMPEACHMENT OF RICHARD M. NIXON, DEALING WITH TAX FRAUD/TAX PERJURY

Mr. Railsback (R-IL)—I suggest that there is a serious question as to whether some­thing involving his personal tax liability has anything to do with his conduct of the office of the President. (Pg. 524).

Mr. Hogan (R-MD)—The staff report on grounds for impeachment makes clear, and I am quoting: ''As a technical term high crimes signified a crime against the system of government, not merely a serious crime. This element of injury to the common­wealth, that is, to the state itself and the Constitution, was historically the criteria for distinguishing a high crime or mis­demeanor from an ordinary one.'' (Pg. 541)

Mr. Mayne (R-IA)—. . . even if criminal fraud had been proved, then we would still have the question whether its a high crime or misdemeanor sufficient to impeach under the Constitution, because that is why we are here, ladies and gentlemen, to determine whether the President should be impeached, not to comb through every minute detail of his personal taxes for the past six years, rak­ing up every possible minutia which could prejudice the President on national tele­vision. (Pg. 545)

Mr. Waldie (D-CA)—I speak against this article because of my theory that the im­peachment process is a process designed to redefine Presidential powers in cases where there has been enormous abuse of those pow­ers . . . And though I find the conduct of the President in these instances to have been shabby, to have been unacceptable, and to have been disgraceful even, I do not find a presidential power that has been so grossly abused that . . . [it is] . . . sufficient to war­rant impeachment. (Pg. 548)

Mr. Thornton (D-AR)—I think it is appar­ent that in this area there has been a breach of faith with the American people with re­gard to incorrect income tax returns . . . But it is my view that these charges may be reached in due course in the regular process of the law.

This committee is not a tax fraud court, nor a criminal court, nor should it endeavor to be one. our charge is full and serious enough, in determining whether high crimes and misdemeanors affecting the security of our system of government must be brought

December 18, 1998
CONGRESSIONAL RECORD — HOUSE
H11933

to the attention of the full House . . . (Pg. 549)

Zeifman, with reference to the Douglas Inquiry where the question was posed, "… What then, is an impeachable offense?" relied on the claim of that legal giant Gerald Ford, who famously replied,

The only honest answer is that an impeachable offense is whatever a majority of the House of Representatives considers to be at a given moment in history; conviction results from whatever offense or offenses two-thirds of the other body considers to be sufficiently serious to require removal of the assused from office.

See CRS Report 98-882 A, Impeachment Grounds: A Collection of Selected Materials, Updated October 29, 1998, by Charles Doyle, Senior Specialist, American Law Division, at page 24. At pages 28-32, this same report presents some differing expert opinion:

VI.

Charles Black
Impeachment: A Handbook
39-40 (1974)

“Omitting qualifications, and recognizing that the definition is only an approximation, I think we can say that ‘high Crimes and Misdemeanors,’ in the constitutional sense, ought to be held to be those offenses which are rather obviously wrong, whether or not ‘criminal,’ and which so seriously threaten the order of political society as to make petulant and dangerous the continuance in power of their perpetrator. The fact that such an act is also criminal helps, even if it is not essential, because a general societal view of wrongness, and sometimes of seriousness, is, in such a case, publicly and authoritatively recorded.

“The phrase ‘high Crimes and Misdemeanors’ carries another connotation—that of distinctness of offense. It seems that a charge of high crime or high misdemeanor ought to be a charge of a definite act or acts, each of which in itself satisfies the above requirements. General lowness and shabbiness ought not to be enough. The people take some chances when they elect a man to the presidency, and I think this is one of them,” BLACK, IMPEACHMENT: A HANDBOOK, 39-40 (1974).

Bob Barr

“The ‘President and all civil Officers of the United States shall be removed from Office on Impeachment for and Convictions of, Treason, Bribery, or other high Crimes and Misdemeanors.’ The phrase ‘high crimes and misdemeanors’ was an English term of art that denoted political crimes against the state, and the choice of this phrase was a deliberate and considered action. By including that English phrase, our Founding Fathers intended to expand the scope of impeachable offenses beyond the scope of criminally indictable offenses. This language incorporates political offenses against the state that injure the structure of government and tarnish the integrity of the political office. As Alexander Hamilton observed, these political offenses include breaches of the public trust that a president assumes once he has taken office. Hamilton made this point in the Federalist, describing impeachable crimes as ‘those offences which proceed from the misconduct of public men, or, in other words, from the abuses or violations of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself”, BARR, High Crimes and Misdemeanors, 2 TEXAS REVIEW OF LAW AND POLICY 1, 9-10 (1997).

John Labovitz

“The concept of an impeachable offense guts an impeachment case of the very factors — repetition, pattern, coherence — that tend to establish the requisite degree of seriousness warranting the removal of a president from office. . . . “The most pertinent precedent in this nation’s history for framing a case for the removal of a chief executive may well be the earliest — the Declaration of Independence. In expressing reasons for throwing off the government of George III, the Continental Congress did not claim that there had been a single offense justifying revolution. Instead, it pointed to a course of conduct; it ‘pursu[ed] invariably the same Object’ and evinced a common design; it ‘all [had] in direct object the establishment of absolute Tyranny over these States.’ It was this pattern of wrongdoing taken together, not each specification considered alone, that showed the unfitness of George III to be the ruler of the American people. . . . [T]he unfitness of a president to continue in office is to be judged in much the same way: with reference to totality of his conduct and the common patterns that emerge, not in terms of whether this or that act of wrongdoing, viewed in isolation, is an impeachable offense,” LABOVITZ, PRESIDENTIAL IMPEACHMENT, 129-31 (1978).

Paul Fenton

“It can therefore be concluded that impeachment is not a political tool for arbitrary removal of officials; that the standard for what constitutes an impeachable offense is not based on an inflexible historical precedent or on the judicial tenure clause; that impeachment is not limited to crimes, whether indictable or otherwise; and that the sanction of impeachment does not extend to noncriminal misconduct unless it involves violation of statutory law, the conduct of the respondent’s official duties or an abuse of his official position.

“Within these limitations, it is extremely difficult to define the proper standard for an impeachable offense in affirmative terms. . . .

“The only generalization which can safely be made is that an impeachable offense must be serious in nature. . . .

“While there are no clear rules as to what constitutes a serious offense, there are a number of factors which are relevant. Thus an offense is more serious if it is a criminal violation or if it involves moral turpitude. In the words of one court,

It may be safely asserted that where the act of official delinquency consists in the violation of some provision of the constitution or statute which is denounced as a crime or misdemeanor, or where it is a mere neglect of duty willfully done, with a corrupt intention, or where the negligence is so gross and disregard of duty so flagrant as to warrant the inference that it was willful and corrupt, it is within the definition of a misdemeanor in office. But where it consists of a mere error of judgment or omission of duty without the element of fraud, and where the negligence is attributable to a misconception of duty rather than a willful disregard thereof, it is not impeachable, although it may be highly prejudicial to the interests of the State,” Fenton, The Scope of the Impeachment Power, 65 NORTHWESTERN UNIVERSITY LAW REVIEW 719, 745-7 (1970).

Laurence Tribe

“Despite then-Congressman Gerald Ford’s well-known assertion that ‘an impeachable offence is whatever a majority of the House of Representatives considers [it] to be’, there is now wide agreement that the phrase ‘high Crimes and Misdemeanor’ was intended by the Framers to connote a relatively limited category closely analogous to the ‘great offences’ impeachable in common law England. In addition to treason and bribery, the ‘great offences’ included misapplication of funds, abuse of official power, neglect of duty, encroachment on or contempt of legislative prerogatives, and corruption.

“There have been only two serious attempts to impeach American Presidents. In both instances, the offenses charged reflected the impact of the common law tradition discussed here: offenses have been regarded as impeachable if and only if they involve serious abuse of official power,” TRIBE, AMERICAN CONSTITUTIONAL LAW 217 (1978).

Theodore Dwight

“I have dwelt the longer on this point because many seem to think that a public officer can be impeached for a mere act of indecorum. On the contrary, he must have committed a true crime, not against the law of England but against the law of the United States. As impeachment is nothing but a mode of trial, the Constitution only adopts it as a mode of procedure, leaving the crimes to which it is to be applied to be settled by the general rules of criminal law.

“. . . [A]s there are under the laws of the United States no common law crimes, but only those which are contrary to some positive statutory rule, there can be no impeachment except for a violation of a law of Congress or for the commission of a crime named in the constitution. English precedents concerning impeachable crimes are consequently not applicable,” Dwight, Trial by Impeachment, 15 AMERICAN LAW REGISTER (6 N.S.) 257, 268-69 (1867).

Alexander Simpson

“Many attempts have been made to define this power, quite commonly by those who were trying to make the definition fit the facts to a particular case, rather than to have it accord with the constitutional provisions only. A notable exception to this, however … is what was said by Manager (afterwards President) Buchanan in the Peck Impeachment:

‘What is misbehavior in office? In answer to this question and without pretending to furnish a definition, I freely admit that we are bound to prove that the respondent has violated the Constitution, or some known law of the land. This, I think, is the principle fairly to be deduced from all the arguments on the trial of Judge Chase, and from the votes of the Senate on the Articles of Impeachment against him, in opposition to the principle for which his counsel in the first instance strenuously contended, that in order to render an offence impeachable it must be indictable. But this violation of law may consist in the abuse, as well as in the usurpation of authority. The abuse of a power which has been given may be criminal as the usurpation of a power that has not been granted.’

“Perhaps that statement should be broadened to include offences of so weighty a character, and so injurious to the office, that every official is bound to know that they are of the same general character as crimes, and might well be made criminal by statute; but the terra incognita beyond, no one can properly be asked to explore under the existing constitutional provisions, if for no other reason than because it is a fixed and salutary principle that penal provisions shall be so construed that the persons to be affected by them may certainly know what things they are forbidden to do,” Simpson, Federal Impeachments, 64 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 651, 881 (1916).

Michael Gerhardt
“[A]ttempts to limit the scope of impeachable offenses have rarely proposed limiting impeachable offenses only to indictable offenses. Rather, the major disagreement among commentators has been over the range of nonindictable offenses for which someone may be impeached.

“The . . . problem is how to identify those nonindictable offenses for which certain high-level government officials may be impeached. Given that certain federal officials may be impeached and removed for committing serious abuses against the state and that these abuses are not confined to indictable offenses, the challenge is to find contemporary analogues to the abuses against the state that authorities such as Hamilton and Justices Wilson and Story viewed as suitable grounds for impeachment. On the one hand, these abuses may be reflected in certain statutory crimes. Violations of federal criminal statues, such as the bribery statute, represent abuses against the state sufficient to subject the perpetrator to impeachment and removal, because bribery demonstrates serious lack of judgment and respect for the law and because bribery lowers respect for the office. In other words, there are certain statutory crimes that, if committed by public officials, reflect such lapses of judgment, such disregard for the welfare of the state, and such lack of respect for the law and the office held that the occupant may be impeached and removed for lacking the minimum level of integrity and judgment sufficient to discharge the responsibilities of the office. On the other hand, Congress needs to be prepared, as then-Congressman Ford pointed out, to explain what nonindictable offenses may be impeachable offenses by defining contemporary political crimes. The boundaries of congressional power to define such political crimes defy specification because they rest both on the circumstances underlying a particular offense (including the actor, the forum, and the political crime) and on the collective political judgment of Congress,” Gerhardt, The Constitutional Limits of Impeachment, 68 TEXAS LAW REVIEW 1, 83, (1989).

Ronald Rotunda

“Moreover, leaving aside historical precedent, to limit impeachment to the commission of crimes is bad policy, such a limitation is both too broad and too narrow. It is too broad because some crimes have no functional relation to the problem of malfeasance or abuse of office. For example, if an official in the executive branch, a judge, or a legislator, had been arrested once for driving while intoxicated, that crime should not merit the drastic remedy of removal from office.

“The proposed limitation is also too narrow, for the `civil Officer’ might engage in many activities which amount to abuse of office and yet not commit any crimes. For example, if the President abused his pardon power by unconstitutionally pardoning a judge who had been impeached or summoned the Senators from only a few states to ratify a treaty, the President may have violated no criminal law, but he or she has abused the office. . . .” Rotunda, An Essay on the Constitutional Parameters of Federal Impeachment, 76 KENTUCKY LAW JOURNAL 707, 725-26 (1988).

http://en.wikipedia.org/wiki/Richard_Nixon

He met with Republican congressional leaders soon after, and was told he faced certain impeachment in the House and had, at most, only 15 votes in his favor in the Senate — far fewer than the 34 he needed to avoid removal from office.

Black, Conrad (2007). Richard M. Nixon: A Life in Full. New York: PublicAffairs Books. ISBN 978-1-58648-519-1, page 978.

Nixon faced all kinds of prosecutions for his well-documented multitude of criminal offenses. That is why, shortly after Nixon’s resignation, Gerald Ford pardoned him for all criminal acts he may have engaged in. Otherwise, the prosecutions would have gone in all sorts of embarrassing directions. Had Ford tried to specify all the offenses pardoned, he may never have finished writing the pardon.

Nixon was guilty for 1969, 1970, 1971, 1972 tax fraud. He was saved by a pardon. The evidence is overwhelming.

Statement of Information, Book 10, House Jud Cmte Re Nixon (1974) Tax Deduction for Gift of Papers (Tax Fra...

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