James Tsouvalas 17 October 2013 Saturday Night Massacre The Saturday Night Massacre, as Nixo !

s critics i "amously labeled it, remai s o e o" the most #ressi g co stitutio al crises i $merica history% $t sta&e 'as the (reside ts ability, or lac& thereo", to directly ig ore )o gressio al oversight, a d virtually ig ore legal limits o his #o'ers% The eve t is sig i"ica t "or its #itti g o" the (reside t agai st the )o gress i a co stitutio al battle, as the Su#reme )ourt is usually the bra ch o" $merica gover me t labeli g acts o" (reside tial #o'er as violati g the )o stitutio , as Nixo "ou d out less tha a year later 'ith the court!s u a imous decisio "orci g him to tur over his #reside tial ta#es% $t issue 'as the ature o" Nixo !s legal limitatio s o" #o'er, 'hich 'ere #rese ted i the "orm o" the Justice *e#artme t )odes, authori+ed by )o gress a d give the "ull 'eight o" la'% S#eci"ically, Nixo had assured the ,ouse Judiciary )ommittee that he 'ould a##oi t a s#ecial #rosecutor to i vestigate the -atergate brea&.i % $ccordi g to Justice *e#artme t guideli es, s#ecial #rosecutors "all u der the directio o" the $ttor ey /e eral, at the time 0lliot 1ichardso , a d the rules sti#ulated that a s#ecial #rosecutor could only be dismissed 2"or cause3, or i other 'ords, gross i e#titudes at his tas&% 4urthermore, $ttor ey /e eral 1ichardso assured the )ommittee #erso ally that the s#ecial #rosecutor, $rchibald )ox, 'ould ot be dismissed "or a ythi g but 2"or cause3, i" ecessary% 5t is 'orth #oi ti g out at this time the u derlyi g ature o" these regulatio s o the (reside t i regards to a##oi ti g a s#ecial #rosecutor% The very #ur#ose o" doi g so is to allo' the (reside t to i itiate a im#artial i vestigatio , "ree o" -hite ,ouse i ter"ere ce, over 'hatever matters are i 6uestio , a d may come u# through the course o" the i vestigatio % The guideli es are i #lace to e sure that o ce

the i vestigatio has started, the (reside t ca ot sto# it, regardless o" 'hat it may tur u#% This is o e o" the most esse tial chec&s o (reside tial #o'er, as it elimi ates, or at the very least stro gly im#airs, his ability to subvert i vestigatio s i to abuse o" #o'er% (reside t Nixo 'as u ha##y 'ith the sco#e o" )ox!s i vestigatio , as he decided to exami e the relatio o" the -atergate brea&.i 'ithi the co text o" a stri g o" -hite ,ouse ordered brea&.i s a d other illegal activities, truly the o ly 'ay to i vestigate -atergate% Nixo decided to "ire )ox, a d ordered his $ttor ey /e eral to do so, 'ho re"used a d accordi gly resig ed his #ost, as did his successor *e#uty $ttor ey /e eral -illiam 1uc&elshaus, both citi g the u ethical, illegal ature o" the act, a d their assura ces to the ,ouse Judiciary )ommittee to ot do s#eci"ically that% Nixo , u rele ti g, tur ed to 7or&, the ext i comma d, to do the shame"ul, illegal deed, a d he ha##ily com#lied% $t sta&e 'as clearly the (reside t!s ability to subvert the 8udicial #rocess, as 'ell as the )o gress itsel", a d the sacred #ri ci#le o" rule o" la'% O e 'ould be hard #ressed to "i d a more direct exam#le o" the (reside t brea&i g the la', a d i" these actio s 'ere allo'ed, the (reside t 'ould clearly have had "ree.reig to elimi ate i vestigatio s i to his 'ro gdoi gs% Tha &"ully, the act 'e t a ythi g but overloo&ed, as Nixo "ou d himsel" "orced to resig i less tha a year, though either he, or 7or&, ever 'e t o trial "or their clear subversio o" the la'% (erso ally, 5 co sider )ox, 1ichardso , a d 1uc&elshaus to all be heroes, as they re"used their (reside t, assuredly o easy tas&, a d ot a ma ma y lived to re"use% They stood u# "or the la', a d our system o" chec&s a d bala ces, a d re"used to assist the (reside t i his attem#t to th'art the )o stitutio % The same ca ot be said "or 7or&, "or 'hich 5 ca o ly ex#ress relie"

that the Se ate re8ected his omi atio to the Su#reme )ourt by (reside t 1eaga o ly a little over a decade later% To thi & that a ma , so 'illi g to clearly brea& the la', a d so lac&i g o

#ri ci#le, 'as o ly a "e' votes a'ay "rom 8oi i g the highest court, though the #rocess did create a "a tastic co dem atio by the late Se ator Ted 9e edy duri g the omi atio %