“…here is a man who was guilty, directly or indirectly, of eight murders without reason…(but)…as far as the coverage was concerned [Manson] appeared to be rather a glamorous figure.” – Richard Nixon
Helter Skelter
It was August, 1970. Richard Nixon was the President of the United States, a year and a half into his first term in office. But that August, the focus of the Nation wasn’t on the President, nor the Vietnam War that was grinding on with 334,000 US troops on the ground. America was watching the trial of Charles Manson. He was accused of leading a “cult” to murder actress Sharon Tate and seven others.
We were fascinated, and not just with the gruesome and bloody spectacle of the attacks. Manson was connected to some of the best known celebrities of the era, including Dennis Wilson of the Beach Boy’s. How Manson went from rubbing elbows and dropping acid with some of the leading singers of Southern California rock, the “Laurel Canyon” crew; to a knife wielding murderer, caught America’s attention. Even now, fifty-four years later, it still does.
Manson and four of his followers were tried in Los Angeles court through the summer of 1970 and into the fall. With the high profile of the victims and all of the lurid publicity surrounding the murders, outside influence on the jury was a particularly sensitive subject. So when in August, the President gave his opinion of the Manson evidence in an off-hand comment to reporters, it struck a legal “nerve”. Like most Americans, Nixon was fascinated with the case, and he had an opinion on it.
Nixon Precedent
But the problem was, that Richard Nixon wasn’t most Americans: he was the President of the United States. Manson defense attorneys jumped on the statement, demanding that the presiding Judge, Charles Order, declare a mis-trial. As evidence they presented the front page of the Los Angeles Times, headlined by “MANSON GUILTY, NIXON DECLARES”. While Order didn’t go so far as a mistrial, he did hold a hearing, questioning the jurors whether they were influenced by the President’s statement. Meanwhile, Nixon “walked back” his opinion, praising the patience of a jury that listens to the facts in the case, to make their decision.
The Jurors answered no, that the President didn’t “influence them”, and Orders continued the trial. Manson was sentenced to death, but later changes in California law commuted that to a life sentence. He died, still in prison, in 2017 at 83 years old.
Nixon’s actions had a powerful influence in American jurisprudence, at least, until the past few years. (Now you probably anticipate a diatribe against the former, twice impeached, four time indicted, President. Hah!! It’s not “his turn in the barrel”). Yesterday I was stuck in the house, waiting for the “lawn guys”. So I spent much of the day watching Merrick Garland, the Attorney General of the United States testify to the House Judiciary Committee.
Judiciary
There are two Judiciary Committees in the Congress. The one in the Senate tends to be serious and studied. Senators determine whether Presidential appointees for Federal judges will be approved and in particular, appointments to the Supreme Court. The “heavy hitters” of the Senate (often the ones with Presidential ambitions) find their way to that Committee. President Biden, Vice President Harris, and candidates Ted Cruz and Cory Booker, are all Committee alumni or members.
The House Judiciary Committee doesn’t get to pick judges. It is one of the most partisan Committees in the House – especially in this era. The Judiciary Committee is where the House begins impeachment inquiries. Currently Republicans are in the majority, and the Chairman is Jim Jordan (of couldn’t pass the Ohio bar exam fame). Jerry Nadler of New York is the senior Democrat, along with Adam Schiff of California. But Matt Gaetz, Andy Biggs, Chip Roy, Thomas Massie, and Mike Johnson (Louisiana) are all combative members of the Republican “Freedom Caucus”. They make Darrell Issa of Benghazi Committee fame, on this committee too, look passive.
They tried to tear the Attorney General limb from limb. Their “Caucus Line” is that Donald Trump is being persecuted by the “Democrat-Biden Justice Department”, while Hunter Biden is getting a break. While there is no evidence against Joe Biden, the President, there is a lot of questions about what Hunter was doing, particularly in his cocaine-fevered era from 2015 to 2018. The old adage about the “sins of the father, sins of the son” is reversed in this case, or at least the Committee Republicans want it to be.
Under Investigation
A Department of Justice Special Prosecutor is still investigating Hunter. But House Judiciary Chairman Jim Jordan of Ohio doesn’t seem to be worried about “tainting” a future jury. He’s not interested in the “Nixon Precedent”, because, of course, he’s really not interested in Hunter Biden at all. In fact, given the evidence, he’s not going to “get” Joe Biden either. But what he can do is follow the first rule of propaganda. If you say something, over and over and over again, it really doesn’t matter if it’s true. If you say “Biden Crime Family” often enough, someone will believe it.
Ultimately, Hunter’s expensive but “worth every penny” lawyer Abbe Lowell will use the Committee hearings as a defense in court. “How can Hunter Biden find an impartial jury after all of that?” Any of a dozen New York Post headlines will do. And we will have to wait until November of 2024 to see if Jordan is successful in fatally wounding President Biden with the sins of his son.
And who is very aware of the “Nixon Precedent”: President of the United States Joe Biden. He’s not talking about the Trump indictments. He wants to make sure that his opinions don’t become a part of the Trump defense. And of course, he doesn’t want anything to keep Trump from going on trial before the 2024 Presidential election.
