Chapter 9 who was penalized

Brother Lu: Hello! Letter received.You said that although you already knew the outcome of Nixon's resignation due to the "Watergate case", you are still very interested in the operation process of the "cash register" that restricts power triggered by this incident.You are waiting for me to finish the story.For me, the same is true. What attracted me the most about the whole incident was the American "cash register".Once the first start button is pressed, its various parts will move forward step by step interactively, winding one after another cobwebs around a problematic part, and then gradually solve it.For me, such a mechanism is also a very new thing.As you have seen, the judiciary and the legislature are making the final push on Watergate.At this time, the press, which is another external insurance mechanism, is conducting all-pervasive and comprehensive investigations in the way they are used to.You could almost call them a "field army".First, they don't have any privileges, and they can't compel anyone to tell them anything relevant to the case unless the person being interviewed wants to do so themselves.

The press is also unable to call anyone they are interested in interviewing, because they have neither courts nor hearings as effective means.There are indeed good things like press conferences and press conferences, but the people of industry and commerce denounce them as the "five beetles" and advocate "eliminating the five beetles" and "abolishing the teachings of the former kings", "so, the initiative is in their hands It is in the hands of the interviewees. Others have something to say, and they are recruited, not the other way around. But even such an opportunity is important to them, and they will rush to seize it at such a moment Ask questions every minute, but people not only often refuse with "no comment", but can even walk away. You can't convict him with "contempt" like the courts and Congress. Therefore, see Apparently, the press is an out-of-structure "field force" that has the least "real power".

However, no government official in the United States, including the president, dares to ignore the press.Because this "field army" has countless journalists with good professional training, and they are used to fighting independently, almost none of them are idlers.Because anyone who does not have a certain level of journalistic quality has already been eliminated.Although these reporters do not have any special privileges to help them, driven by their sense of professional justice and competition in journalism, they will exert the energy of an ordinary person to the limit.Unearth the inside scoop from God knows where.Besides, they have one reporter and one wisdom, and there are no restricted areas or limitations for them. They can find whatever they can find, even though some things seem to be just bits and pieces, but maybe the joint efforts of these reporters will be able to Spell out an "advanced map".

This time, at the critical juncture of Nixon's "Watergate case", the press once again made an all-out attack, which produced unexpected results.The first was a reporter from the "Washington Post", which launched an investigative report on Nixon's tax cuts.This is Nixon once donated his personal documents when he was vice president in exchange for a tax break of half a million dollars.The newspaper also reported that Nixon had spent $17 million of the public's money on furnishing and guarding his private homes in California and Florida.Although this had nothing to do with the "Watergate case", it was a severe blow to Nixon's credibility.

Meanwhile, the "Wall Street Journal" made matters worse, reporting on Nixon's vice president, Agnew, for taking bribes and evading income taxes.This caused another strong reaction among the American people.Under the investigation of a series of evidence by the prosecutors of the Ministry of Justice, Vice President Agnew quickly saw that if he persisted, he would form a relatively stable group to preside over it.The proletarian party and Marx will also face unavoidable impeachment. His best way out is to resign and plead guilty in exchange for leniency.So, he quickly gave up his struggle, and only two months after the "Wall Street Journal" disclosed it to the public, he handed in a letter of resignation to then Secretary of State Henry Kissinger.Then came a federal district court, where he pleaded guilty in exchange for clemency of "three years of probation and a $10,000 fine."

The issue of the Nixon tapes is still at an impasse.But Nixon knew from the grand jury's announcement that he was in danger of outrage.He couldn't ignore the entire American people standing behind those 23 rank-and-file jurors.Therefore, when he made a statement on TV again on August 15, when he mentioned the tape, he no longer used the strong words of "executive privilege" to fight for reason. Instead, he was completely discussing with the American people and trying to get understanding. low profile. Nixon apologized to the public in the televised statement, looking directly into the camera and saying, "I regret that this happened."And, for the first time, Nixon said that "I have no problem" with the Senate investigating the allegations against him.On the issue of tapes, he tried his best to win the sympathy of the people, and he said everything to the point that he compared the conversations between himself and his assistants to private conversations between husbands and wives, so he asked everyone Allow him to keep the tapes for himself.Of course, Nixon held on to his last hope, hoping to hold on to this deadliest line of defense.

At this time, there is almost no need to say anything more.In the United States, everyone knows that such a major "constitutional" issue is encountered.If the two sides do not make concessions, then the resulting psychological, physical and even social illnesses.I think the current thinking is that all we have to do is wait.What are you waiting for?Wait for the Supreme Court, which holds the power to interpret the Constitution, to come out and give a judgment.However, as I have said before, this is really not an ordinary constitutional interpretation issue, it is already a constitutional crisis.

Because of this, President Nixon's new constitutional adviser published his legal thinking.The constitutional adviser is also a law professor from a university.According to his understanding of the Constitution, and also based on the principle of division of power, he feels that if the judicial branch coerces the president of this country, it will destroy the presidency of the United States, that is, destroy the constitutional status of the executive branch, thereby shaking the country of the United States system.So how to resolve this impasse if prosecutors are to insist on forcing the president to submit to legal process?He believes that if the president decides not to obey the law, what the court can do is to dismiss the prosecution, that is, the court will not accept the charges against the president.

Cox, an independent prosecutor who also comes from the university law forum, made a short statement after hearing the jurisprudence.Only President Nixon understood the weight of this statement.What the president can never dissolve, what cannot be suspended, is the grand jury, Cox said.Because the grand jury represents the people, and the people are entitled to everyone's evidence. Although everyone knows that this matter must be brought to the Supreme Court.However, according to the judicial procedure, the local court still has to make a judgment first, and then appeal at a higher level.In this process, the colleges, the University of Toronto, Princeton University, and Columbia University, in order to prevent a constitutional crisis from actually happening, both Judge Silica and the Court of Appeals made partial concessions as much as possible, so that the alternative way Likely to be accepted by Nixon.

These alternative methods mainly focus on how to minimize the scope of hearing the tapes, or even how to have the tapes heard by a third party, and then turn them into written records that can be reviewed by the court, and so on.However, none of these efforts were picked up by Nixon.At this time, Nixon was surrounded by a group of new advisers such as constitutional advisers, "Watergate" advisers, and so on.On these major issues, Nixon basically referred to their opinions as the basis for his decision-making.It seems that regardless of whether Nixon's tone is hard or soft, fundamentally speaking, these new advisers basically set him a "top" policy.

The views of Nixon's new constitutional adviser are typical.As a constitutional adviser to the president, his foothold does not seem to be to maintain the constitution, but to forcibly maintain the authority of the president of the United States."The tearing apart of the Oval Office of the United States of America is a price too high to pay, even for Watergate," he said in a statement to the court. His meaning is very clear, no matter how wrong the president is, he is still the president.Even if the president commits a felony, he cannot "feel the same crime as the common people." But, in retrospect, my American friends often say it was a good thing.Because this constitutional crisis has forced Americans from facing an abstract idea to facing a real reality.At least everyone has seen that even if it is a democratically elected president, there is no guarantee that it will not go in a dangerous direction.If the president finally succeeds in standing up to the Constitution, despotism may soon cease to be an old myth for Americans, or a distant story in someone else's home. Under the impetus of his new advisers, Nixon finally made a big move at the last moment to use his power to fight against the law.This makes his fate of impeachment irreversible.Although Nixon tried his best to avoid being impeached. When Nixon's vice president was forced to resign in exchange for legal clemency, Nixon deliberately selected Representative Ford as the vice president's replacement.In the eyes of ordinary people, Ford does not seem like a talent to be president.The reason why Nixon picked Ford at the time was to make Congress have some concerns when considering impeachment.Because once Nixon is successfully impeached, his vice president will be on top to complete the presidency. If Ford is weak and does not seem to be qualified for the presidency, it means that there will be a "presidential crisis" in the United States for a period of time.At that time, the United States will lack a strong executive executive at home and a decisive leader in foreign affairs.This was obviously very unfavorable to the situation in the United States at the time.Because from the perspective of the external situation, it is still in the dangerous period of the Cold War.Internally, the United States has just experienced the turmoil and transformation of the 1960s, and urgently needs a stable environment to complete the social transition.Therefore, Nixon made such a vice-presidential arrangement in the hope that Congress would have to put the national interest first, and would not dare to speak of impeachment lightly. So, what big move did Nixon make? He wanted to get rid of his henchmen. At the time, Nixon was really annoyed.Because, repeatedly embarrassing him, Cox, the independent prosecutor who refused to budge in the judicial process, was theoretically still a "subordinate" under Nixon's administration.If it hadn't been for the independent prosecutor's request to the court, the court would not have issued a subpoena asking Nixon to hand over the tapes.After Cox took office, he did not show for a moment that he was Nixon's "subordinates". On the contrary, he always maintained the image of a dedicated independent prosecutor. At this time, the judgment of the Court of Appeal has also come down.The verdict was bad for Nixon.According to legal procedures, Nixon still has one week to appeal to the Supreme Court.Nixon had a showdown with independent prosecutors.Because the tape was requested by the independent prosecutor.If the prosecution insisted and the courts followed this trend, Nixon would be very passive.Therefore, he must preemptively force prosecutors to drop or change his demands on the court. Nixon's legal counsel told Cox, the independent prosecutor, to accept the White House's offer of a transcript of the conversation instead of the tapes.Otherwise, ask the independent prosecutor to resign, or have him removed from office by the Attorney General.They gave this ultimatum a very high-sounding reason, "We will have to act in the best national interest." Cox's answer was also beautiful, saying that he, too, wanted to avoid conflict and confrontation.However, he cannot break the promise he made when the Senate confirmed his appointment. It seemed impossible to bring the independent prosecutor to its knees, or to resign himself. The current Attorney General Richardson had expected this answer from the independent prosecutor.Because in this way, a ball kicked on both sides will eventually fall into his hands.As we have said before, in theory, the power to appoint independent prosecutors can only fall on the Attorney General.That being the case, the power to dismiss must now fall into his hands.If he did, it should be said that there is nothing wrong with it.Because, in the administrative system of the government, the Attorney General is a subordinate of the President. Even if he dismisses the independent prosecutor, he is only carrying out the order of his superior, the President. But Attorney General Richardson is certainly well aware that he has a question of ethics as attorney general.The reason why he has the power to dismiss the prosecutor today is because he happened to stand at the intersection of an unavoidable logical paradox.He is the highest official of all legal practitioners in the administrative system of the United States.In addition to facing the president's order, he must also face the law, history, and conscience.Therefore, his choice was very simple. He gently put down the ball that fell in his hand, and calmly announced to the president that he resigned.In his resignation letter, he reminded President Nixon not to forget that in the original appointment letter to independent prosecutor Cox, it was stipulated that the Attorney General "cannot overturn or interfere with the decision of the special prosecutor". At first, Nixon's advisers asked Attorney General Richardson whether he would consider firing Cox before resigning in a negotiating tone.He raised the current crisis in the Middle East and asked the attorney general to fire the independent prosecutor to give the United States a "breather."The Attorney General flatly refused.Next, Haig unceremoniously gave the Attorney General a phone order, "Fire Cox." The Attorney General requested an appointment with President Nixon. Before meeting with Nixon, Attorney General Richardson met with Haig.Haig once again mentioned the Middle East crisis to him.He said that the United States is negotiating with the Soviet Union on the Middle East crisis, and the "Watergate Incident" has been making the Soviet Union laugh, and if it fails, the Soviets will gain the upper hand at the negotiating table.Richardson was unimpressed.President Nixon had only this same card in his hand when he walked into the Oval Office of the White House. "National interests" are the easiest fig leaf for those in power to use for themselves. Nixon asked his attorney general what would Brezhnev think of him now that he had resigned?How difficult will it be for Kissinger to negotiate with Moscow?Should you put personal obligations above the public good?Richardson only felt a rush of blood rushing straight to his head at the time. He suppressed his anger and replied, "All I can say is that I believe my resignation is in the public interest." When Haig called Richardson again, he asked Haig, since the crisis in the Middle East is so urgent, why can't you delay firing Cox for a few days?General Haig, who was a soldier, answered in a very military style, and later became known in the United States. He said, "Your commander-in-chief has given you an order, and you have no choice." Richardson followed closely, "Unless I resign." That night, before the attorney general announced his resignation, the White House announced he had been fired.It was a despicable move, and they refused to let him leave office in the form of a resignation, intent on ruining his political career.Nixon once said bitterly to Haig: "We don't owe him anything except a kick in his ass. Richardson must be fired. I don't want to see him go back to Indiana and run for the Senate." .” As for the central figure in the entire turmoil, the independent prosecutor Cox, his mood at the moment can almost only be described as "sad and angry".Because, this is by no means a simple dismissal of "the boss is not satisfied with the work of the subordinate".This is a special criminal who is being tracked and investigated by the law. Using the power from the people in his hands, he tries to fire a prosecutor who is investigating him on behalf of the law and the people.This is equivalent to a policeman who is arresting a gang of Jiangyang thieves, and let these gangsters be relieved of the police! This is not a matter of his position as an independent prosecutor Cox. If a president can override the law and the people in this way, the entire foundation of this country will be shaken.Therefore, at the beginning of this turmoil, Cox solemnly said to his team that if he is fired, no matter what the president does, you must stick to it. After Cox learned by phone that the attorney general was resigning on his behalf, he calmly made the decision to hold a news conference.This is very typical American practice.Even if Nixon is the president, Cox is just a small prosecutor, but when you think that you can use the power given to you by the people to do whatever you want, Cox is not helpless, he can go straight to the public Standing in front of TVs all over the United States on the forum, let all ordinary people know the truth, and let everyone judge this truth. Cox at the press conference appeared humble and quiet, as if he was teaching ordinary people who stayed at home on weekends.He said, I can guarantee that I am not deliberately against the President of the United States.I even worry that I am not too self-righteous.Is it wrong to take vanity as a principle?I wish I hadn't.Ultimately I decided that I had to stick to what I thought was right. Before Attorney General Richardson offered to resign, the Deputy Attorney General had stated that he was ready to resign if he was forced to submit.Immediately afterwards, the Deputy Minister of Justice also resigned for the same reason. That leaves Bowker, the third-in-command at the Justice Department.He once told Richardson that he only theoretically agreed with the president's power to fire one of his prosecutors, so if the president ordered it, he would agree to sign off on Cox's firing.However, he does not want others to think that he is a "greedy person" who is greedy for high-ranking officials. After signing the dismissal order, he will also ask to resign.Richardson dissuaded Bowker from resigning before leaving office himself.He's leaving a housekeeper for the Justice Department. In this way, under the order of President Nixon, Bowker signed the dismissal of independent prosecutor Cox. The dismissal did not end in history.The issue of whether the "dismissal" of "robbers firing the police" is legal has since gone to court as a case, and has gone through a lot of appeals.Until the Supreme Court finally rejected the legality of the dismissal order signed by Bowker.However, that was much later.At the time, it seemed that Nixon had achieved his goal of getting rid of the hidden dangers in his heart. Power seems to be very useful, it depends on whether you use it or not.Under the combination of authority, the annoying independent prosecutor Cox, and the dignified Attorney General Richardson, didn't they all "leave" obediently?At least on the night Cox was fired, President Nixon and his new advisers felt the power of authority and the thrill of success. At 8:25 p.m., the White House press secretary announced that "the Office of the Special Counsel in the Watergate case has been dissolved at approximately 8:00 p.m. tonight" and that it would return to the Department of Justice.Haig ordered the FBI to go and seal the offices of the former independent prosecutor and the two former attorney generals and deputy attorney generals, with the air of a sweeping victory. Haig's concerns seemed not unreasonable.Cox's entire office staff had begun securing all investigative documents days earlier.They first rented a bank safe to keep their correspondence with the White House.Then, they copied as many documents as possible, and dispersed them to each person's home for "self-keeping". At 10:00 p.m. on the night of Cox's dismissal, after the White House "press briefing," Cox's deputy summoned reporters to the office library and told them, "It's unimaginable that this is Happened in a democracy." Cox, the former independent prosecutor who was fired, still has confidence in the United States and the American people at this time."Whether we will continue to be a government of laws or a government of men must be decided by Congress, and ultimately by the American people," he wrote to a friend. Prior to this, Congress had also notified the White House that the Senate investigative committee would not accept the White House's request to replace the recording with a "summary of the conversation." Relatively speaking, the Nixons obviously underestimated the consciousness of the American people.As soon as the news that the independent prosecutor was dismissed and the office was seized was released, the whole of the United States was like an electric shock.Since the following Monday is traditionally Veterans Day, it is a national holiday in the United States.So it's a long weekend with three days off.It's a time like this when everyone is usually on vacation and Congress doesn't go to work until Tuesday. However, Americans, who have always been known for their laxity, made protest calls from all over the country during this relaxing holiday.The calls flooded the capital, Washington, D.C. in unprecedented numbers.Telephone companies in the Washington area typically route about 3,000 calls a day to Congress, but this Sunday morning they routed 30,000 calls to Congress.By Tuesday, as many as 300,000 calls to Congress had been redirected.The telephone company had to modify the computer parameters to suit the new needs.An estimated three million protests and demands from the people poured down on Congress. Outside the White House gate, a lone protester held up a sign that read, "Honk the Horn, Demand Impeachment."At that time, traffic on Pennsylvania Avenue in front of the White House had not yet been closed, and it was a very busy traffic artery.result.Passing cars responded one after another, and there was a sound of car horns in front of the White House.For the next two weeks.Nixon stayed at Camp David, where he usually only went on vacation. A year ago, the American labor organization that supported Nixon's re-election unanimously passed a resolution asking Congress to impeach Nixon if he did not resign.The president of the American Bar Association claimed that the actions of the White House undermined the established judicial process, so he publicly called on Congress to take appropriate action.For a time, distrust of the executive branch of the U.S. government was strong across the country, and impeachment of the president became a central topic of conversation. At this time, the one-week deadline for the White House to appeal to the Supreme Court has arrived.But the White House did not take advantage of this last chance.why?Because the focus of the appeal is whether the White House should have turned over the tapes of those nine conversations at the request of prosecutors.Now, the Nixons have preempted themselves smartly, using the power of the administrative system to kick the prosecutor out of the court arena. Of course they can think this way. The request to "hand over the tape" was originally made by the prosecutor. Now, the prosecutor should take his "ball" and get out of the game together.Naturally, the White House no longer has to appeal and wait in fear for the Supreme Court's verdict.They can now negotiate new terms with the court, or with Cox's successor, in the absence of the stubborn Cox. But the angry judge Silica did not give in.He was full of shock as he watched the court where he was the referee, and the defendant kicked the prosecutor out of the court alive.He also saw on TV that the office of the independent prosecutor Cox was closed by the FBI. From the judge's legal common sense, it was like a coup often staged in South American countries. At this moment, Judge Silica received a written statement from the White House legal counsel, saying that the White House intends to provide a summary of the recording organized by a third party.This posture seems to be a notice from the defendant to the court, informing the judge how the investigation should be conducted.The furious judge Silica immediately drafted an order, asking the president to show reasons why the president did what he did would not be considered contempt of court.At the same time, he informed the White House lawyer that he believed that the president was disobeying the court order. If the tapes were not handed over on Tuesday, he would find the president to settle accounts.He planned to fine President Nixon $25,000 to $50,000 per day if the tapes were not handed over. At the same time, Judge Silica called two federal grand juries to the court at the same time.Of the two grand juries, one was established for the "Watergate" break-in case, and the other was established as a result of the development of the previous case that led to the establishment of a new case.Although the former case has been prosecuted, due to a series of recent developments, this grand jury still needs to exist and make a decision on whether the newly developed case needs to be investigated and prosecuted. In court, the stern judge Silica re-read the oath they had made to the jurors.He asked them to understand that no one can play the law with his own hands.He emphasized that the grand jury still exists and is still working.He told the jurors, you are not dismissed, and you will not be dismissed unless this court is authorized by law to dismiss you.He solemnly declared that "the law will take care of the present situation". As soon as Congress is in session, the motion to impeach inevitably begins. What kind of power restriction mechanism is impeachment in the United States?This is a special criminal procedure that falls within the legislative branch of government.You may ask, don't things like criminal proceedings belong to the judicial branch?How could it go to Congress, the legislative branch?Yes, impeachment is the only exception in criminal proceedings.Its prosecutions are limited to government officials.That is to say, even if the mechanism of the judiciary branch fails and is controlled or destroyed by a powerful government official, he can never escape the law because of this. There is still a "court" waiting for him in Congress. Since impeachment is only aimed at government officials, it is not a court in the true sense. Obviously, it is just a mechanism to restrict power.This restrictive mechanism also exists in most state laws in the United States.The practice of impeachment originated in the United Kingdom, which was an effective means for the British Parliament to remove the king's favorites.In the UK that year, once the impeachment case was established, the impeached could not only be sentenced to a fine, but could even be sentenced to prison or even the death penalty.This British-style impeachment is a historical product of years of conflict between the British Parliament and the royal family.As this conflict eased and disappeared, the use of impeachment in Britain declined.Impeachment proceedings have not been used in Britain since 1806.The impeachment stipulated in the US Constitution is very different from that in the UK.From its inception, the United States has been a country in which various branches of government have been generated through democratic procedures.As such, it does not have the serious political conflicts of a British historical burden and social transformation.Americans borrow the procedure of impeachment just in case, it is equivalent to adding an insurance mechanism to the "cash register" that restricts the power of the government.Therefore, the impeachment of the United States does not need to present a murderous appearance.In the United States, if an impeachment lawsuit is established, that is, it is judged that the impeached object will be removed from office, and there will be no heavier punishment.Therefore, impeachment in the United States is less of a "court" and more of a restriction of power.Still, impeachment cases are rare in the United States.Perhaps, on the one hand, it is because of the way the U.S. government officials are produced that rare unresolvable violent conflicts between government officials and the people of this country occur; It rarely happens that this "insurance mechanism" must be used.Therefore, in the history of the United States, although the Constitution provides for impeachment procedures against government officials, it is rarely used in fact.Before President Nixon, among the previous presidents of the United States, only President Andrew Johnson was impeached by Congress, and he was acquitted by one vote at the last moment.Therefore, the impeachment motion against President Nixon is the only second time in the history of the United States that the impeachment process against a president has been initiated. At the beginning of the impeachment motion, as everyone expected, there was a one-sided situation.Republicans did not stand up for Nixon either.In the U.S. Congress, there has always been such a tradition that when members of Congress express their views on a certain issue or vote, they are very taboo about the word "partisanship".What does it mean? That is to say, members of parliament will not make decisions on what to say and what to vote based solely on their party affiliation.Because ordinary people in the United States despise that kind of indiscriminate "party spirit" very much.They demand that the representatives they elect, no matter which party they belong to, their position in Congress should be the position of the people, not just the position of the "party".Otherwise, what would they want such an MP for? Of course, on some issues that are closely related to partisan views, the voting results of Congress will have a great relationship with the seats occupied by each party.The public also understands this.When they elected this member of Congress, they had already fully understood his views.However, on some issues that have nothing to do with partisan views, if a member of Congress shows his "partisan spirit" from time to time, this member will be quickly abandoned by his voters. The impeachment case of President Nixon in front of us is a good example.No member of Congress from the Republican Party would jump out against impeachment just because Nixon was the president promoted by the Republican Party, regardless of what happened.Because the point of view involved in this impeachment case is whether you think the president can be above the law.This is a fundamental question involving the American system.Not about partisan issues like whether to support abortion, how to implement welfare reform, and so on.Therefore, at this time, even if there are some Republican congressmen who actually have a strong "party spirit", he will look back at Nixon. After the impeachment proceedings in the House of Representatives began, no Republicans stood up to support Nixon for a long time. In the end, Ford, who was later replaced as vice president, expressed on behalf of the Republicans in the House of Representatives that they agreed to delegate the matter to Congress. The Judicial Committee handles it according to procedures.In other words, as long as Nixon did not hand over the tapes, they would not support Nixon. On the same day, former Attorney General Richardson, who had been fired, held a farewell meeting in front of TV reporters in the lobby of the Ministry of Justice.Of course, the Nixons all hoped that Richardson would leave obediently and stop talking.However, for those who have been disempowered and civilians who have never been powerful, the news media is the only forum reserved for them by society.No one can stand in the way of this pulpit. Richardson didn't say much, and everything seemed to be calm.It was only at the end that he told the crowd in front of the TV that if he were Cox, he would do the same.He hopes there will be another dedicated special prosecutor.When he was asked by a reporter whether Nixon should be impeached, he replied that this should be considered by the American people.As a former attorney general, he emphasized, "I have no reason to think that a president can disobey a court order." If there is a conflict between the prosecutor appointed by the Department of Justice and the high-level White House official under investigation, the White House is the superior and the prosecutor is the subordinate. This loophole exposed by the Watergate case led to the 1978 Government Ethics Act. It stipulates that when the Attorney General finds that senior officials of the executive branch have violated the law, he can ask the federal court to appoint an independent special prosecutor to investigate and prosecute.This act protects the independence of the special counsel because he or she is not appointed by the executive branch, the Justice Department, but by the federal courts.The Attorney General can remove the appointment only with "good cause," a purview reserved for the Attorney General to show that prosecutions were originally vested in the executive branch.The act made crimes at the top of the executive branch easy to prosecute.But these are the aftermath of the Watergate case. Nixon was already besieged on all sides, and he had to think again about where to go. The time limit set by Judge Sirica has expired.Tuesday afternoon, the courtroom was packed.Judge Sirica sat on it as usual, facing the contestants in the courtroom.Opposite the judges, on one side sit the White House lawyers, and on the other side, independent prosecutors no longer exist.However, all eleven of his assistants were present and took the prosecutor's place. Judge Silica read the appeals court decision, which affirmed Magistrate Sirica's order for the president to turn over the tapes.He then turned to White House lawyers and asked, "Is the president's lawyer planning to respond to the court order now on behalf of the president?" 这位律师走到话筒前，回答说“法官陛下，我没有打算作出一个答复，不过，我被授权声明，美国总统将完全执行上诉法院8月29日的命令。”全场静得只能听到人们的喘息声。法官西里卡威严地阻止了那些想悄悄溜出去发表头条新闻的记者。然后，他几乎是不相信地问道，“你将服从我的决定？”律师又一次回答说，“不折不扣，全部执行。” 迫于美国人民的压力，尼克松总统终于承认了不可阻挡的大势。他作为美国政府权力三大分支之一的最高长官，按照美国宪法制约与平衡的原则，承认了司法分支的监督权。他不仅同意了让刑事司法系统取得有关他的证据，同时，面对来自共和党内部的压力，不得不又任命了一个新的特别检察官。 这名新任检察官叫加沃斯基，他曾是一名非常出色的律师，也曾经是纽伦堡法庭审判纳粹时的军事检察官。他是一名民主党人，却一向对尼克松十分友好。因此，看上去，尼克松似乎是在这个位置上除去考克斯之后，安排了一个对他更为有利的人选。但是，尼克松应该很快发现，他所遇到的麻烦，几乎与“人选”问题没有太大的相关性。 尼克松所遇到的麻烦似乎是随同独立检察官这个职位而来的。作为一个独立检察官，身负重托站在全美国民众目光的焦点下，处于这样一个位置的任何一个法律工作者，几乎都会本能地忠于职责，不循私情，也不会愿意接受来自被调查方的干扰。如果尼克松早一些对独立检察官的这种“职业禀性”有所了解，他也不必在检察官的问题上触犯众怒了。换一个人选，并不会有什么大的变化。加沃斯基上任之后，大家很快看到，他所表现的独立性一点也不比他的前任差。同时，他还继续任用了考克斯留下的全班人马。 原来考克斯的这一套班子，也曾担心这个新上司和白宫的关系太近。但是他们很快看到，他是一个正直的法律工作者。尽管黑格再三向加沃斯基暗示，要他以“国家利益”为重，要“爱国”。然而，这个新任独立检察官一边和黑格周旋，一边从不影响他的正常工作。同时，在吸取了他的前任考克斯的教训之后，国会对加沃斯基进行了职位保护。此后，如果没有国会共和党和民主党两个党派的一致同意，任何人都无权开除这个独立检察官了。 然而，事情并不因为尼克松同意交出九盘录音带就结束了。首先是，尼克松的律师在回答法官，他们将“不折不扣，全部执行”法庭命令之后，交出的录音带本身就是有折扣的。一方面是有两盘录音带不知去向，另一方面，交出的录音带中，有一盘被擦去了十八分钟。为此，法庭展开了冗长的听证调查。白宫的有关工作人员都被传到法庭作证。这些被传来的证人中，官阶最高的就是当时的白宫幕僚长黑格了。 对于那已经消失的两盘录音带，各个证人的说法都不尽相同。有的说可能是录音带用完之后没有及时换新带造成的，也有的说，有时一些高层官员借去听，没有很健全的记录制度，所以也可能是被谁借走了没有归还。总之，这两盘录音带再也没有被带上法庭。 至于那消失的十八分钟，是一名白宫女秘书在整理录音带的时候擦去的。她跟随尼克松做了几十年的秘书。她原来以为，她擦去的那一段不在交到法庭的那些带子里头，因此，在法庭上态度十分傲慢。当检察官问她，用什么方法可以避免录音事故时，她答道，“用我的头脑。这是我唯一可以用的东西。”，“我认为我还没有愚蠢到要人家一遍又一遍教我怎样倒带，怎样放音。” 可是，当她再一次被叫到法庭上的时候，她已经知道被她擦去的录音带已经在法官手里，就再也神气不起来了。她最后不得不自己请了一个律师。而且，这位秘书是所有的证人中，唯一要求引用宪法第五修正案保护自己的。你一定还记得，在去年给你的信中，我详细介绍过这一条。就是说，根据“第五条”，法庭不能强迫公民“自证其罪”。所以，在法庭上，如果一个人遇到必须回答对自己不利的问题时，就可以引用“第五条”拒绝回答这个问题。 尽管这位秘书说，她是在无意中造成了录音事故，“不小心”擦去了一段。她最终也没有被起诉。但是，这十八分钟消失的录音和那两盘不知去向的录音带一起，成了永久的秘密。人们至今无法消除心中深深的疑惑。 不管怎么说，经过无数人的努力，法庭手里总算有了一部分录音带。即使是这几盘不全的录音带，都使检察官在按下放音开关之后，心情久久不能平静。毕竟，作为案件的调查者和起诉者，猜测总统有可能涉及犯罪和听到证人指证总统犯罪，是一回事，因为这都是有可能不是真实的。但是，现在亲耳听到总统的犯罪罪证，就完全是另一回事了。 检察官们终于明白了，为什么尼克松总统宁可冒着极大的政治风险，也要死死保住那几盘录音带。前白宫顾问迪恩在国会的证词，现在都被录音带的出现所证实了。他们不仅听到尼克松在录音中与亲信谈到要搞上百万美元的“堵嘴钱”，对于将来法庭上的宣誓作证，尼克松居然就赤裸裸地对海尔德曼说，“你就一口咬定，我不记得了，我回忆不起来，我没法想起来。就只回答我想不起来了。” 独立检察官加沃斯基听得几乎不相信自己的耳朵，他脸涨得通红说，“你们能够想象得出来吗？合众国的总统坐在他的办公室里，居然在教他的手下人如何做伪证！”听完录音之后，作为一个以前曾经在长时期里支持过尼克松的法律工作者，加沃斯基最后沉痛地说，我以前也料到，此案将是十分复杂十分困难的，我也料到会面临许多困难的决定，但是我想，这些都还不至于要动摇总统。现在，我第一次意识到，总统深陷于这个案子，已经无法自拔了。 " 已经是接近1973年年底的时候了，新任独立检察官加沃斯基特地带着总统的一盘录音带前往白宫。就是在这盘录音带里，尼克松谈到要筹集上百万美元的“堵嘴钱”。他约见了黑格将军。也许，他想让这个并不知道全部内情，却显得十分自以为是的白宫幕僚长清醒过来。但是，黑格还是坚持认为尼克松是清白的。加沃斯基面对执迷不悟的黑格，只能请他代为向总统传达一个最后的忠告。他再一次对他说，你错了。“根据我的判断，总统已经卷入了刑事犯罪案件。他最好是请一位他所能够找到的最好的刑事辩护律师。” 也许真的因为是蒙在鼓里，表现得糊涂而又“愚忠”的黑格后来又打电话给这位独立检察官。他象是发现了什么新大陆一样，兴奋地对加沃斯基说，总统在录音中的那次谈话之后，并没有采取任何行动，所以不能认定是一个“罪行”，因为按照法律，必须有行动才能把一个“阴谋”认定为一个罪行，光说说是不算犯罪的。 也许，这个电话只是进一步证明了白宫幕僚长黑格确实不在罪犯之列，他此后也确实没有被起诉。因为这次他又错了。尼克松就不会这样想，因为他非常清楚，他们是有行动的，那天谈话之后，就有过一个装着“堵嘴钱”的信封，被扔进了前白宫顾问亨特的律师的信箱。所以，在1973年圣诞来临之际，尼克松总统终于听从了独立检察官的忠告，为自己聘请了波士顿名律师克莱尔，为他所涉及的“水门事件”作刑事辩护。 这时，对于政府权力的行政分支进行监查的所有机制几乎都已经开动了。它们都按照自己的程序，各自在进行自己这一部分的功能运作。 新闻界这一方面，对于总统财务方面的追查一直没有放松，这使得尼克松总统公布了他的财务状况，以图洗清自己。并且最终补交了43万美元的税款，这是为那笔“副总统文件”的“不正当扣税”造成的。白宫说，这几乎已经掏空了尼克松的积蓄。 司法分支这一部分，尽管尼克松的新任律师，暂时拒绝了独立检察官在进一步调查中，要求总统再交出22盘录音带的要求。尼克松也拒绝了大陪审团要求他出席秘密听证会的要求。但是，根据已有的录音带，已经足以让大陪审团对尼克松定性。1974年的2月25日，大陪审团以19对0的表决结果认定，理查德.尼克松是一个欺骗美国并且妨碍司法的阴谋的成员。大陪审团同意特别检察官将理查德.尼克松认定为一个“不受起诉的共谋者”。 尼克松在司法系统的免于起诉，我想一个重要的原因是立法分支国会的“弹劾”这个特殊刑事诉讼已经开始。在大陪审团作出以上认定之后，法庭立即开庭，宣布了大陪审团的建议，当庭将司法分支已经获得的全部证据，包括那几盘已经获得的录音带，全部移交国会的司法委员会，让他们“用作诸如弹劾的适当程序。” 现在，所有的证据都落到了立法分支手里。国会的刑事诉讼弹劾一经开始，就非常严肃地声称，国会的司法委员会，拥有获得有关弹劾案件的全部证据的绝对权力。4月11日，国会发出要求40盘新的录音带的传票，并且警告尼克松，如果他拒绝的话，弹劾尼克松的第一条罪名，就将是“藐视国会”。 这时，独立检察官加沃斯基和国会司法委员会，分别对尼克松提出的要求新的录音带的压力，越来越大。尼克松决定作一次最后挣扎。他先是又一次提出只交出这些谈话的提要，然后决定，将删减后的46次谈话公开出版，以换取美国民众的谅解，使他们相信，他没有更多的罪行。他说，这些经过编辑的记录，“将一劳永逸地证明，我所知道的和所做的，完全就是象我一开始就告诉你们的一样。”尼克松很清楚，尽管看上去他面对的政府权力的另外两个分支的调查，实际上，他真正面对的，是站在这些调查机构后面的美国人民。 于是，真的出版了这样一本大如电话号码本一样的特殊的“书”，而且一时还真的成了“畅销书”。在书中，多处标着“此处删去多余谈话”，不久这句话就成了老百姓嘲讽的口头语。美国的老百姓是很难蒙住的。本来，尼克松试图使大家看了这本“洁本”谈话录之后，会认为没有什么了不起的实质性内容，就对他失去追究的兴趣。 但是，这本书给美国民众造成的刺激，恰恰不是内容，而是它所反映出来的一个总统的基本态度和行事风格。也就是说，人们最吃惊的是，这位被美国人民安排在漂亮的椭圆形办公室里上班的总统，居然不是大家所期望的至少是一个正人君子，不幸而相反，他们只看到一个急于摆脱困境甚至于不择手段的小人。他们认为，自己完全有理由相信，那些被删去的“多余谈话”一定是一些更见不得人的东西。 独立检察官和国会并没有因为这本“洁本谈话录”的出版，就放弃他们的要求。这时根据调查的进展，他们对录音带的要求已经分别为64次和42次的谈话录音。这时，尼克松的新任律师克莱尔提出，至今为止，尼克松本人并不是被控诉者，所以在法律上要求这些录音带没有足够理由。此刻，独立检察官向他出示了大陪审团的判定，显示了尼克松是“未被起诉的共谋者”，克莱尔顿时哑口无言。因为在美国，整个司法程序中，作为人民象征的陪审团，是最至高无上的权威了。 录音带的争执，又一次被白宫上诉到美国上诉法院。但是，这一次，这位新任独立检察官加沃斯基毫不犹豫地越级向美国最高法院上诉。5月31日，美国最高法院同意受理。“水门案件”的官司终于在案发两年之后，到达了最高法院。 同时，国会的弹劾程序并没有停下来。按照美国宪法，弹劾程序分两步走。第一步是由众议院提出建议并且认定罪名，这一个阶段很象是司法程序中的大陪审团的作业，整个阶段是不公开的。所以，在这个阶段，民众无法知道进展情况，就连尼克松也一点吃不准形势的走势怎么样。 弹劾程序的第二步，就有些象法庭的审理过程。先是公开的出庭作证，然后是参院投票。通过弹劾案，必须在参院里达到三分之二以上的票数。所以，尼克松还是对参院听证投票的这一个阶段，寄了很大的希望。他只要在一百个席位中获得三十四票的支持，就算是逃过这一劫了。一百年前，安德鲁.约翰逊总统，就是在这一个阶段，以一票之差，安然逃脱的。毕竟，国会里还有那么多共和党人，尼克松至少可以试试看争取他们中的一部分。 你一定还记得我前面说过，在美国国会里，是非常忌讳“党性”二字的。因此，此刻国会中的民主党人最担心的，就是弹劾共和党的尼克松被指责是“党派行为”。所以，他们让足够的明确证据取得共和党议员的支持，使他们也坚信这是一个超越“党性”的维护宪法的行为。 而从尼克松这一方来说，正好相反，他最好的办法就是使共和党议员相信，这是民主党人的“党派夺权”行为。使得共和党议员转而支持尼克松。 因此，证据的可靠性就成为一个关键。只要证据可靠，共和党议员即使真的“党性”十足，也不至于会冒天之大不韪，站出来维护明显在践踏法律的尼克松总统。因为参院的弹劾过程基本都是公开的，甚至由电视转播的。选民们都在看着他们选出来的国会议员，在如何代表人民说话呢。 所以，你可以看到，在一个民主制度已经充分成熟的国家，它的民意代表在投票时是必须完全公开的。因为只有在这样的情况下，才能使他的选民知道，自己选上去的人到底在干些什么。所以在美国，尽管每一个选民在选总统，或是进行其他投票时，他们的选择是隐私的一部分，是受到法律保护的。但是，在美国国会中，议员们的投票却必须是公开的，受到选民监督的。 相反，在民主制度还不十分完善的，处于过渡时期的地区，要求就完全不一样。在这些情况下，民意代表可能受到来自其他非选民方向的压力和影响。因此，如果迫使这些民意代表公开他们的投票方向，反而会使他们顾忌来自其他方向的压力，而不敢真正地代表民意投票。因此，在这个时候，为民意代表的立场保密会变得更为重要。 在弹劾的第一个阶段，由众议院司法委员会主席罗迪诺主持，他和法官西里卡一样，是意大利裔的美国人。由于确凿的证据成为弹劾的关键，所以，他和助手道尔非常谨慎地召集了四十多名律师，在新的录音带还没有得到的情况下，先开始分析手中已有的证据。在这四十多名律师中，有一个当时才二十六岁的耶鲁大学法学院毕业生，希莱利.罗德曼。她就是今天美国总统克林顿的夫人。 直到五月份，第一批整理好的证据才交到38人的司法委员会手里，他们全是清一色的律师。道尔在调来做国会司法委员会主席的助手之前，应该说，他也是尼克松手下的人，他是行政分支司法部下的一名检察官。他的工作非常仔细，他不仅注重那些涉及定罪的录音，还注重证据所反映出来的一个重要信息，那就是，处在行政分支权力中心的尼克松在白宫的行为模式。道尔不仅给委员会播放了录音，还指出尼克松所出版的“洁本录音记录”中，故意删除了一些危险的谈话。 在听了第一批录音之后，国会司法委员会认为，有必要进一步要求尼克松交出另外147次的谈话录音。尼克松断然拒绝了。 由于国会弹劾程序的开始，原先国会的参院“水门事件”调查委员会，正式结束了他们的工作，并在最后的报告中谴责了尼克松。七月份，国会司法委员会的工作进入了最后阶段。委员会公布了四千页的证据，其中有尼克松的八次谈话记录，从中可以看到很多地方与尼克松自己公布的记录不符。人们更倾向于相信，尼克松是故意地删除了对他不利的内容。 国会的司法委员会决定举行一次向全国转播的电视辩论。让委员会内主张和反对弹劾的两种意见，公开向美国民众表明他们的观点，对美国人民有个交代。在国会司法委员会中，保守派的共和党人是尼克松唯一的希望。但是，在电视辩论之前，原来反对弹劾的委员，一个接一个地转变了立场，尼克松的希望越来越渺茫了。 就在辩论即将开始之前，最高法院以八比零（一人弃权）一致通过，要求尼克松继续交出录音带。 在美国，联邦最高法院的大法官是先由总统提名任命，由国会通过的。最高法院的大法官一旦当选之后，除了国会有充分理由进行弹劾之外，他的任命就是终身的。所以，虽然总统“有权”任命大法官，却不是一定“有机会”任命大法官。因为在总统的任期内，完全可能没有大法官退休。 尼克松应该说是十分“幸运”的。他在任期内，居然出现了任命四个最高法院大法官的机会。但是，美国的最高法院也是在“众目睽睽”之下的。最高法院大法官的地位在美国是非常高的，也可以说是非常神圣的。他们本身当然也有基本观点倾向的不同，例如有的大法官更倾向保守派的观点一些，有的大法官则更倾向自由派的观点一些。这都会在一定程度上影响他们对于手中的案件的判断理解。但是，他们可以说都不会落到屈服于或者倾向于某个权势人物，因此就对他网开一面的地步。 我相信这不仅和国会及民众的监督有关，一定也和这个职位的职业神圣感有关。就像独立检察官一样，整个社会就有这样的气氛和压力，到了这个位置上的任何一个法律工作者，他都会立即感觉到这个头衔沉甸甸的份量和民众灼灼的期待目光。这样的职位，和行政官员的感觉是不一样的。行政官员很容易产生政客一类的人物，但是，大法官这样的位置却通常不是产生政客的地方。 因此，在“水门事件”发生以后，最高法院的唯一一次插手，它的结果是公正的。尽管九名大法官其中有四名出自尼克松的任命，使他总是抱有一些幻想，希望表决结果至少出现两种不同意见。可是，事后想来，谁都觉得，最高法院在这个问题上，出现这样一边倒的投票结果是极其正常和自然的。 尼克松还曾希望，最高法院至少把他的录音带分别处理，例如，判定有些涉及国家安全的材料允许他保留。也就是说，尼克松希望“国家安全”这顶保护伞，至少还可以为他抵挡一部分威胁。但是最高法院的意见非常明确，什么该交出来，什么不必交出来，这一切都由法官西里卡决定。最高法院裁定：总统显然享有行政豁免权，但是，这种豁免权不可以压倒刑事司法的法律既定程序所提出的根本要求。总统不能将自己置于法律之上。 总统能不能将自己置于法律之上，这是自从“水门事件”发生之后，尼克松们与整个权力制约机制抗争和挣扎的焦点。也是美国历史上，政府权力的行政分支试图曲解美国宪法精神，向整个由宪法所规定的制度挑战的突破口。但是，“收银机”整个机制非常关键的一个设计，就是，宪法的解释权在最高法院手里。因此，最高法院判定，总统不能将自己置于法律之上，是从根本上为这场历史性的争论划上了句号。 是的，最高法院从理论上宣布了尼克松的彻底失败。但是当时，真正的明眼人并不因此松下一口气来。他们知道，美国宪法面临一场严峻考验的关键时刻来到了。这将是一场真正的宪法危机。因为，此时，尼克松已经被最后摊牌了，已经被从理论上宣告了失败。那么，接下来，尼克松会怎么办？ 尼克松完全有可能破罐子破摔，干脆公开对抗。理论归理论，理论上他必须在最高法院的判决之后就向法律低头。可是，如果在实际上他不服从，你又有什么办法？他还是总统，还是全美国最有权威的一个人。同时，你不要忘记，尼克松总统还是美国的三军统帅，军人以服从命令为天职。而最高法院，只有全美国承认的，在理论上最有权威的九名大法官。他们手无缚鸡之力，没有一兵一卒。 因此，全美国几乎没有人知道，如果尼克松总统打算对抗，将会发生些什么？如果尼克松就是抗拒法庭，法官西里卡派一个法警去白宫逮捕总统吗？总统拒捕又怎么办？理论上，国会可以弹劾总统，但是，国会也只有代表着美国人民的几百个议员，如果总统抗拒国会的弹劾，命令武装部队保卫白宫，攻打国会，又怎么办呢？ 这是整个“水门事件”发展到最后，最千钧一发的时刻。 你不要以为，这对于美国这样一个有着民主传统的国家，就一定是无稽之谈。事实上，如果没有一个在不断完善中的制约机制，没有一个国家是绝对不会产生危机的。对于这最后关头的抉择，军界和白宫也有所感悟。当时行政分支的国防部长，曾指示参谋长联席会议主席，任何来自白宫有关的军事命令一定要经过他的手。这在美国是异乎寻常的。因为美国的国防部长历来只是行政系统的一名文官，既没有军权也从来与指挥军队调动事宜无关。美国的国防部长与军界有非常明确的界限。所以，这个非同一般的信息，立即引起了美国军队的实际指挥者，参谋长联席会议主席的强烈不满。 白宫幕僚长黑格，出身军界，虽然转向了文官系统，一直还保留着将军的称号，同时还是白宫的当家人。对尼克松忠心耿耿的黑格，当时也想到，尼克松对最高法院的判决，有服从和抗拒两种选择的可能。如果是后者，白宫和尼克松的安全则顿成问题。他将有可能面临法警带来的搜捕状。于是，作为一个前军人，他本能地提出，有必要调82空降师围住白宫保卫总统。 在这个最关键的时刻，聪明绝顶的犹太裔国务卿基辛格，只轻轻一句话，就永远打消了白宫有可能冒出来的类似念头。基辛格说，坐在用刺刀团团围住的白宫里，是做不成美利坚合众国的总统的。 最高法院裁决的八小时之后，尼克松的律师克莱尔宣读了尼克松的声明：“我尊重和接受最高法院的裁决。”这一个简单的声明，化解了美国历史上一次重大的宪法危机，也使得人们对这样一个重大历史事件，回味无穷。 两年前，当尼克松去世的时候，我们从电视上看到了在他的加州老家院子里举行的葬礼的全过程。所有在世的美国总统们，都出席了这一隆重的葬礼，并且向他表达了他们对他的怀念和尊重。我想，就凭着以上的这个声明，尼克松总统也是无愧于这样的尊重的。 不论尼克松犯了多少错误，在最后一刻，他表现出他依然是美国的文化背景中产生的一个民选领导人。他公开向美国全体人民宣告，他愿意认同宪法，服从法律，服从人民。而且，正是由于前面所发生的一切，以及他完全了解自己即将面对的处境和结果，他的服从才具有更深远的历史意义。 尽管尼克松知道，他将永远失去权力以及权力所带来的一切，甚至面对一个使他感到十分屈辱的下场。但是，他还是选择了这样一条痛苦的道路，而没有最后一次错误地使用人民交到他手中的权力，去做最后的抗拒。毕竟，在世界历史上，人们看到过许多同样权高位重的政治领袖，在类似的情况下，都本能地选择了抗拒到底。 不论他当时是出于无奈，还是真正地有所醒悟。他毕竟在最关键的时刻，表现出了他到底还是一个叫做美利坚合众国的国家的总统，他向宪法低下了他骄傲的头。我们不可能忘记，在这个时刻，尼克松毕竟还是美国的三军统帅，是全美国最有权威的一个人。 尼克松的声明刚刚读完，电视台的国会司法委员会的总统弹劾问题辩论会，就开始实况转播了。这个公开辩论会持续了六天。尼克松是一个老政治家了，不算他在州一级之前的任职，仅仅是在副总统和总统的职位上，他已经待了整整十三年半。因此，在他漫长的政治生涯中，在政界有了许多相处多年，感情很好的同事和朋友。就在眼前的这个国会司法委员会里，也有很多尼克松的老朋友。但是他们也无法不承认，他们确实为尼克松的滥用职权，妨碍司法的行为感到愤怒和不安。 弗吉尼亚州的一名共和党议员说，“多年来，我们共和党人宣布要反对其他党在美国政府行政部门中的腐败和不轨，可是，水门一案却是我们自己的耻辱。” 在国会中显得鹤立鸡群的黑人女众议员，芭芭拉.乔丹，发表了一段著名的讲话。她说，在当初，美国宪法的第一句“我们，美国人民”是不包括她和她的种族的。但是今天，这位来自德克萨斯州的前州法官，以一个黑人女议员的身份宣布：“我对宪法的信任是完整的，全部的，彻底的。