John Dean says Nixon 'would have survived' Watergate under immunity ruling
![John Dean says Nixon 'would have survived' Watergate under immunity ruling](https://thehill.com/wp-content/uploads/sites/2/2019/06/john-dean.jpg?w=900)
John Dean, former White House counsel for the Nixon administration, said he believes former President Nixon “would have survived” the Watergate scandal if the Supreme Court’s immunity ruling issued Monday, which largely shields former presidents from criminal prosecution for actions in office, existed at the time.
Asked what would’ve happened with Nixon if the immunity ruling was in place during the fallout from Watergate, Dean pointed to Justice Amy Coney Barrett, who split from the other conservative justices on a portion of the majority opinion regarding the use of president’s official acts as evidence in criminal prosecution against a former president.
“Well, there’s actually two rulings in this decision. There’s a 6-3 for presumptive immunity, but there’s also a 5-4 on you can’t even have the evidence of official conduct come to play,” Dean said Monday. “This is very…this to me, appears to certainly influence the existing law on presidential conduct [and] what’s available…evidentiary speaking. Amy Coney Barrett said she didn’t think that it should be so restricted as the decision of the court itself was, so I think that Nixon would have survived. I think he would have walked under this ruling.”
The Supreme Court handed down the 6-3 decision on Monday, ruling along ideological lines presidents have absolute immunity for actions that fall within the core responsibilities of their office and are “at least presumptively immune” for all other official acts.
Chief Justice John Roberts, writing for the majority, ruled a former president’s official acts are protected against being introduced as evidence in a criminal case against a former president.
Barrett, in a concurring opinion, said she disagreed with this portion of ruling, writing, "I disagree with that holding; on this score, I agree with the dissent... The Constitution does not require blinding juries to the circumstances surrounding conduct for which Presidents can be held liable.”
Nixon was mired in the Watergate controversy in 1972 that stemmed from a break-in at the offices of the Democratic National Committee, which were located in the Watergate building. The break-in was traced to officials working to reelect Nixon, some of whom later resigned and were convicted of offenses related to the cover-up.
Nixon denied involvement, but a Supreme Court ruling forced him to hand over tape recordings which showed he attempted to avoid the investigation. He resigned in 1973 to avoid an inevitable impeachment by Congress.
He was later pardoned by former President Ford for any crimes he may have committed in office.
Dean said he is looking at the known evidence at the time of the scandal, but looking at the bills of impeachment, Nixon is “not responsible” and has “no criminal liability.”
“And that was considered to be one of the elements of a high crime and misdemeanor if a president had committed a crime. Well there are no more crimes for presidents in official conduct,” he said.
The Supreme Court’s immunity ruling Monday handed former President Trump a win as he stares down a federal criminal election subversion case, brought by special counsel Jack Smith.
The decision is likely to delay the trial, first sending the case back to a lower court to determine whether his actions on Jan. 6, 2021 merit protection from criminal prosecution for decisions made while in the White House.
Date: |
Filter
-
The Wall Street Journal - World
Federal LGBTQ Rule for Schools Under Siege
The Biden administration has racked up a string of initial losses in its effort to extend federal protections against discrimination to gay and transgender students. -
The New York Times - Top stories
Forcing Biden Out Would Have Only One Beneficiary: Trump
Instead of clearing the way for victory, liberals may well be paving the way for defeat.Joe Biden -
MarketWatch - Business
‘None of these will survive’: The Supreme Court’s immunity decision may kill all the criminal cases against Trump
The opinion could hamstring all four criminal cases Trump has faced, legal experts say, leaving prosecutors in several — if not all of them — unable to proceed.Donald Trump -
The Guardian - World
The supreme court’s presidential immunity ruling mocks the rule of law | Corey Brettschneider
Citizens must make this presidential election about rescuing our democracy from authoritarianism. The US supreme court found this week that former presidents have presumptive immunity from prosecution for “official acts”. This ruling doesn’t just ... -
NBC News - Top stories
White House weighs options after ruling on immunity as Democrats react with outrage
The White House is considering its options for a response to the Supreme Court's blockbuster ruling on immunity that handed Donald Trump a major victory, as President Joe Biden warns that an amoral future president could abuse those powers. -
NBC News - Politics
After immunity ruling, Trump’s hush money sentencing delayed
After the Supreme Court’s landmark immunity decision, the judge overseeing former President Donald Trump’s hush money trial in New York has postponed his sentencing that was scheduled for July 11, moving it to mid-September. NBC’s Laura Jarrett ... -
The New York Times - World
Why the Supreme Court Immunity Ruling Worries U.S. Allies
Legal experts say the U.S. Supreme Court ruling pushes past most of the norms in effect among American allies, adding more concern about the reliability of U.S. power. -
CBS News - Top stories
Why Trump's "hush money" sentencing is being delayed over immunity ruling
Donald Trump's sentencing for the conviction in his New York "hush money" trial is being postponed until September after his lawyers moved to toss the guilty verdict because of the Supreme Court's presidential immunity ruling. Attorney and CBS ...Donald Trump -
CBS News - Top stories
Jan. 6 victims frustrated over Supreme Court ruling on Trump immunity
Many of the victims and the families of those who were attacked in the Jan. 6, 2021, siege of the Capitol are sharing their frustration and anger with the Supreme Court.Donald Trump -
The Hill - Politics
Taiwan says China seized fishing boat under new protocol
Taiwanese officials Wednesday said China seized one of their fishing boats this week under a new protocol that allows the Chinese coast guard to take vessels that operate under its maritime borders. Taiwan's Coast Guard Administration (CGA) said ...China
More from The Hill
-
The Hill - Politics
More states on track to have abortion measures on ballot
Click in for more news from The Hill {beacon} Health Care Health Care The Big Story More states on track to have abortion measures on ballot Ballot measures in Arizona and Nebraska ensuring abortion access advanced closer to a vote, with groups ...Abortion -
The Hill - Politics
Fauci says he has 'no doubt' Biden is capable of continuing as president
Former White House chief medical adviser Anthony Fauci said in a new interview he has “no doubt” President Biden is mentally capable of serving as president, amid growing concern among Democrats about the president’s standing as the party’s ...Joe Biden -
The Hill - Politics
Congress fights nonconsensual deepfakes
Welcome to The Hill's Technology newsletter {beacon} View Online Technology Technology The Big Story Congress to combat nonconsensual AI porn Political momentum is building to regulate the spread of nonconsensual explicit deepfakes as the ... -
The Hill - Politics
White House seeks to stop the bleeding amid new calls for Biden drop-out
The White House and Biden campaign sought to stop the bleeding on Wednesday, forcefully saying the president will not be dropping out of the race after a disastrous debate underscored concerns about his age and ability to serve. Allies and staff ...Joe Biden -
The Hill - Politics
Federal judge issues narrow pause on FTC noncompete ban
A federal judge on Wednesday granted a preliminary injunction on a nationwide ban on noncompete agreements issued this spring, calling into question its future in the face of opposition by prominent business groups. The Dallas-based tax firm Ryan ...