Nixon
It was Monday, August 3rd 1970. Richard Nixon was the President of the United States, deeply mired in the Vietnam War. But that wasn’t the “big news” of the day. Charles Manson, cult leader and accused multiple murderer, was on trial in Los Angeles. The nation was grossly fascinated with the crimes: the ritual-butchery of actress Sharon Tate and five of her friends on one night, then supermarket executive Leno LaBianca and his wife the next.
Nixon was fascinated as well. In a response to a press question, Nixon, said:
“…the media’s coverage of Manson makes him out to be a rather glamorous figure even though he is guilty, directly or indirectly, of eight murders without reason.” (WAPO)
It was a widely held view by many Americans. But many Americans weren’t the President of the United States. The next day, the headlines in the LA Times read: “MANSON GUILTY, NIXON DECLARES”. Manson’s lawyers demanded a mistrial. The President of the United States had attempted to sway the jury.
Nixon, a lawyer himself, immediately realized that the enormous persuasive powers of his office could impact the trial. His Press Secretary, Ron Zeigler, wrote a lengthy statement “walking back” the comment, and noting the President had no “inside information” about the crimes. The Jury was interrogated, and ultimately the trial continued. Manson was sentenced to life in prison, where he died in 2017.
Obama
On July 16th, 2009, noted ancestry researcher and Harvard Professor Henry Louis Gates returned home to Cambridge, Massachusetts. He had been on a trip to China to research the ancestry of famous American cellist YoYo Ma. The front door to his home was jammed, and Gates and his driver were forced to pry it open to get in. A neighbor called the police.
What occurred next remains in dispute, but ultimately, even after producing identification as the homeowner, Gates was arrested for disorderly conduct.
Barack Obama, President of the United States, was asked about the incident in a press conference a week later. The President answered by saying:
“I don’t know, not having been there and not seeing all the facts, what role race played in that [Gates case]. But I think it’s fair to say, number one, any of us would be pretty angry; number two, that the Cambridge police acted stupidly in arresting somebody when there was already proof that they were in their own home; and, number three, what I think we know separate and apart from this incident is that there’s a long history in this country of African-Americans and Latinos being stopped by law enforcement disproportionately. That’s just a fact.” (ABC)
Beer Summit
Many Americans agreed with the President, but police chiefs throughout the country demanded that he was unfair to the police officer on the scene. It seemed to be another case of the President commenting on the judicial process, despite the fact that Mr. Obama led his statement with a disclaimer.
The “crisis” of the Gates statement ultimately was resolved by the “Beer Summit” in the Rose Garden, where the President, Vice President Biden, police Sargent James Crowley and Gates met for a discussion. The four men talked over the situation. After the meeting, Crowley stated they met “…like two gentlemen, instead of fighting it out either in the physical sense or in the mental sense, in the court of public opinion.”
Gates said that he hoped “… that this experience will prove an occasion for education, not recrimination. I know that Sergeant Crowley shares this goal.” In a later New York Times interview, he joked, “…when he’s not arresting you, Sergeant Crowley is a really likable guy.”
Trump
This week the President of the United States intervened in the American judicial process. He specifically criticized the actions of Department of Justice attorneys, who recommend that Trump’s friend, Roger Stone, be sentenced to prison for seven to nine years.
In a series of tweets, Trump stated:
This is a horrible and very unfair situation. The real crimes were on the other side, as nothing happens to them. Cannot allow this miscarriage of justice!
Two months in jail for a Swamp Creature (Democratic operative Tony Podesta), yet 9 years recommended for Roger Stone (who was not even working for the Trump Campaign). Gee, that sounds very fair! Rogue prosecutors maybe? The Swamp!
While many Americans were dismayed that a President would intervene in the judicial process, few were shocked. What was shocking was that the top levels of the Department of Justice immediately moved to reduce the sentencing recommendation, triggering the resignation of all four of the Department lawyers that prosecuted the case. What used to be a Department dedicated to Justice now seems to be an extension of the President’s every wish and desire. “Justice” is an anachronism; perhaps the Department of “Trump’s Lawyers” would be more appropriate.
Pardons
The President already has the power of the pardon. If he feels that his buddy Stone is getting a raw deal, he can step in anytime and free him from any criminal responsibility. He can do the same for his friends Paul Manfort, Michael Flynn and Rudy Giuliani. But rather than take the political heat for “freeing” his campaign operatives, the President is willing to batter his own Justice Department in order to get them to do his bidding.
It makes the “mistakes” of Nixon and Obama look quaint; petty upsets of a different era. Trump’s interference in justice is the real thing now.
I’ve said a lot of stupid stuff in my life. The stupidest thing I’ve said in past year or 2 was when Barr was appointed, & I said to our mutual friend GV, “Oh, yeah. Thank goodness. This guy Barr, he’s a serious dude. He will add gravitas to the White House, & be one of the adults in the room.” Or something like that. I could not possibly have been more wrong.