Los Angeles Times

Who will question Trump’s power?

- RONALD BROWNSTEIN Ronald Brownstein is a senior editor at the Atlantic. rbrownstei­n@national journal.com

Richard Nixon’s firing of the Watergate special prosecutor Archibald Cox during the “Saturday Night Massacre” in October 1973 doesn’t just provide a clear parallel to Donald Trump’s frightenin­g decision to dismiss FBI director James Comey. It also establishe­s the clear moral and political standard against which to measure the response of America’s leaders to Tuesday’s action.

After he was ousted, Cox framed the stakes of his dismissal with searing clarity: “Whether we shall continue to be a government of laws and not of men is for Congress and ultimately the American people” to decide. In answering that question, some of the nation’s leaders fell into predictabl­e partisansh­ip. But mostly the country’s public- and privatesec­tor leadership — including key Nixon supporters — united to defend the rule of law and demand the Watergate investigat­ion resume unhindered.

The question today is whether a deeply polarized nation can respond with equal determinat­ion to what Benjamin Wittes and Susan Hennessey, the legal scholars who run the Lawfare blog, accurately describe as “a horrifying breach of every expectatio­n we have of the relationsh­ip between the White House and federal law enforcemen­t.”

Cox’s dismissal was triggered by his demand for access to White House recordings that ultimately revealed Nixon’s complicity in the cover-up of the Watergate breakin. Nixon wanted to provide just limited summaries of the tapes and allow only conservati­ve Democratic Sen. John Stennis of Mississipp­i to listen to the recordings to verify the summaries’ accuracy. When Cox rejected those terms, Nixon ordered Atty. Gen. Elliot Richardson to fire him. Richardson famously resigned instead, as did his deputy William Ruckelshau­s. Finally, Solicitor General Robert Bork — later Ronald Reagan’s rejected Supreme Court nominee —dropped the axe.

The shock over Nixon’s coup from above hardly dispelled all partisansh­ip. Reagan, then the governor of California, and George H.W. Bush, then chairman of the Republican National Committee, both defended Cox’s firing: “We cannot have a man in [the] executive branch who does not answer to the head of the executive branch,” Bush said. When Cox testified before the Senate Judiciary Committee shortly after his dismissal, GOP Sens. Strom Thurmond of South Carolina and Edward Gurney of Florida tried to paint him as a Democratic sympathize­r biased against Nixon.

But many other voices rose in bipartisan outrage over Nixon’s assault on the investigat­ion, including Richardson’s: “At stake in the final analysis is the very integrity of the government­al processes I came to the Department of Justice to help restore,” he said.

Powerful institutio­ns outside of government swelled the chorus. In the 1972 presidenti­al campaign, the AFL-CIO had tilted toward Nixon by conspicuou­sly remaining neutral between him and Democratic nominee George McGovern. But after the Cox dismissal, its national convention unanimousl­y called for Nixon’s impeachmen­t. The American Bar Assn. convened an emergency meeting to condemn the firing and “the attacks which are presently being made on the … rule of law as we have known it.” The public deluged the White House and Congress with telegrams and phone calls in what one historian called “the greatest outpouring of electronic protest ever seen.”

Critically, several congressio­nal Republican­s added their voices. Moderate Maryland GOP Sen. Charles Mathias declared that “it is not right for any institutio­n to investigat­e or prosecute itself.” Arizona Sen. Barry Goldwater, the former GOP presidenti­al nominee, said Nixon’s credibilit­y “had reached an alltime low” and he “may not be able to recover.” The backlash was so fierce that Nixon relented within days and released the tapes Cox had sought.

It was too late. Three days after Nixon fired Cox, the House of Representa­tives began the formal impeachmen­t process that led to the president’s resignatio­n 10 months later. Trump today does not face comparable legal or political jeopardy. But the Comey firing escalates Trump’s disturbing pattern of seeking to undermine and delegitimi­ze any institutio­n capable of challengin­g him. That instinct is apparent in his attacks on the news media; his disparagin­g of judges who rule against him; and his earlier dismissals of acting Atty. Gen. Sally Yates and federal prosecutor Preet Bharara, who were both investigat­ing figures in his orbit. At best, this represents disdain from Trump for the checks and balances that underpin American democracy; at worst, it constitute­s active subversion of them.

A few Republican­s frequently critical of Trump — among them Sens. Jeff Flake of Arizona and Ben Sasse of Nebraska, and Ohio Gov. John Kasich — joined virtually all Democrats in raising alarms about Comey’s dismissal. But most GOP leaders issued tepid responses that minimized or obscured the core issue: Trump fired the law-enforcemen­t official leading the investigat­ion into his campaign for possible collusion with a hostile foreign government.

With that decision, Trump made clear his willingnes­s to trample the formal and informal limits that have checked the arbitrary exercise of presidenti­al power through American history. If Trump can decapitate the FBI inquiry into his campaign without real consequenc­e — such as an irresistib­le bipartisan demand for an independen­t counsel to take over the investigat­ion—his appetite for shattering democratic constraint­s is only likely to grow.

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