After Watergate, the presidency was made legally accountable. Trump decided that doesn’t apply to him

After Watergate, the presidency was made legally accountable. Trump decided that doesn’t apply to him

Matthew Purdy writes:

A power-hungry president had twisted the government into a tool for his personal political benefit. His aides kept an “enemies list” of opponents to be punished. His cronies ran the Justice Department and he made puppets of other agencies that were meant to be independent. Corporations that wanted favorable treatment from the White House were pressured to make illegal contributions to the president’s political coffers.

As revelations of rot in the Nixon administration tumbled out through the 1970s, Senator Lawton Chiles, Democrat of Florida, captured the alarm of the Watergate era: “Nothing will bring the Republic to its knees so quickly as a bone-deep mistrust of the government by its own people,” he said. “We have seen other democracies fall within our own lifetime. Fall through internal corruption rather than outside invasion.”

The Watergate scandal had convulsed the nation. Coming near the end of the disastrous war in Vietnam, the scandal sent trust in the presidency into a tailspin. The sense of shock and shame prompted an extraordinary period of bipartisan congressional activism to impose checks on the power of the presidency.

Nearly all corners of the government were touched by the reforms, which included new ethical safeguards, strengthened protections for federal workers against political pressure, restrictions on the president’s power to unilaterally declare war. And a succession of attorneys general established rules to block White House involvement in Justice Department prosecutions.

The aim was not just to excise what one aide to President Richard M. Nixon described as “a cancer,” but to prevent a recurrence. “Watergate reform is not for the past or for the present,” Senator Lowell P. Weicker Jr., a Connecticut Republican, wrote in a 1976 addendum to a Senate report. “Our memories may indeed keep us free today. It is for unborn generations who will never know firsthand how close a democracy came to oligarchy.”

From the opening days of his second term, President Trump took aim at Watergate’s ethical checkpoints as if in a shooting gallery. First, he fired 17 inspectors general, a job established in the Watergate era to ferret out waste, fraud and abuse in government. He also fired the head of the Office of Special Counsel, an independent agency created by legislation in 1978 to protect government whistle-blowers. Then he fired the director of the Office of Government Ethics, created around the same time to guard against financial conflicts of interest by top government officials. And he has used the Justice Department and the F.B.I. as political tools, roles they worked to shed after Watergate.

A strain of conservative legal thinking has been aiming to reassert the president’s powers ever since they were curbed in the post-Watergate era. But while Mr. Trump’s lawyers successfully make the case for expanding presidential authority based on a high-minded Constitutional argument, there is a raw political result. He has removed barriers that might slow his pursuit of a highly personal presidency — punishing opponents and rewarding allies and financial backers while also reaping profits for family businesses that intersect with his powers as president. [Continue reading…]

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