Watergate prosecutor: Nixon tried veiled threat on SCOTUS judges before Trump — it failed
A former Watergate prosecutor watched as President Richard Nixon suggested four of the Supreme Court justices he nominated would remember what he did for them — and repay.
It failed for him — and it will fail for Donald Trump too, he said.
Donald Trump's lawyer, Alina Habba, appeared to call in a favor from Justice Brett Kavanaugh last week, saying that Trump did a lot to help him when everyone else suggested he pull the nomination, suggesting it was time to repay. She didn't elaborate.
Jon Sale, the former Watergate prosecutor, told MSNBC that one of the Nixon recordings showed him trying the same thing.
"There was a grand jury subpoena issued for White House tapes, and this very D.C. Court of Appeals weighed — because everything in law is balancing — weighed executive privilege, and they said that can be very legitimate," said Sale.
"But in this case, it gives way to violations of criminal law and the D.C. Court of Appeals had two sentences. I hesitate to read. Let me read you two sentences from this very court. They said that 'sovereignty remains at all times with the people. They do not forfeit through elections the right to have the law construed against and applied to every citizen.' They were saying President Nixon was not above the law."
That was not what Nixon had expected.
"President Nixon appointed four justices, and on one of the tapes, he said I'm not worried because I appointed those justices. Turned out to be 8-0, their ruling against him on the issue of immunity and whether or not he had to turn over some crucial tapes."
That's when he predicted Trump's pressure on judges will go very, very wrong for him.
"And if I may say one other thing, the Trump tactic of a veiled threat, if you want to call it that, to the Court will backfire," Sale explained. "Donald Trump himself said, well, I appointed some very smart justices, and you know, I hope that they're fair. Then one of his lawyers went on another network and said something like President Trump fought like hell to get Brett Kavanaugh confirmed and I sure hope he remembers that."
He promised, "There are no Trump justices. There are no Obama justices. When we put on that robe, we're justices, and I think that they're going to try and stay out of a political hot potato."
He argued it was something that the Founding Fathers were concerned about when writing the guiding principles of the law.
"That's why we have equal branches of government, and I believe in the court and the Supreme Court, no matter who appointed them, are going to do the right thing," Sale promised.
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