Impeachment as a “Coup”

Archive [January 1999]

 

I recently received an instructive document authored by Mr. Zeifman, a principled Democrat I was privileged to interview for my newsletter in 1996. Since no news outlet will print this important piece — perhaps because it directly contradicts what Democrats say today — I present excerpts here for your edification:

OPEN LETTER TO HENRY HYDE

Jerome M. Zeifman

former chief counsel, House Judiciary Committee, 1973-1974

Although I continue to be a Democrat, I am fully in support of your present efforts to impeach President Clinton. It is distressing that ranking Democrat John Conyers, my friend of some 30 years, and the Congressional Black Caucus — which I have long supported — are currently charging proponents of impeachment of attempting a “coup.” In simple terms, the removal of President Clinton will not replace him with Bob Dole, but will do no more than make Democrat Al Gore president.

Ironically, at the time of Watergate, the position then taken by Mr. Conyers and the Congressional Black caucus was an effort to replace Republican Nixon with a Democrat, then-Speaker Carl Albert.

The failed “coup” of 1974. On October 12, 1973, to replace recently resigned Spiro Agnew, President Nixon nominated House Minority Leader Gerald Ford to be our new vice president. The highly respected Ford had the support of Democrats Speaker Albert and Majority Leader Tip O’Neill, as well as the Republicans. When Ford’s confirmation was referred to the Judiciary Committee for consideration, it seemed certain that there would be no trouble.

The committee had just started work on Ford’s confirmation when all hell broke loose in the capital — the Saturday Night Massacre. The firing of Archibald Cox aroused a new outcry for impeachment. Eighty-four members of Congress introduced impeachment resolutions. On October 24, Speaker Albert referred the resolutions to the Judicial Committee and directed us to act on them.

During the Ford confirmation proceedings, it was the position of the Congressional Black Caucus, Father Robert Drinan, Elizabeth Holtzman, and Wayne Owens that Ford should not be confirmed, and that Nixon should be impeached — which would have made Democrat Carl Albert president. This would have been the very type of “coup” that Conyers, Holtzman, Drinan and others are now falsely charging against the Republicans.

 

 

At our hearings, Conyers, Charles Rangel, and Clarence Mitchell of the NAACP, all my personal friends, argued (falsely) that, as minority leader, Ford had attempted to derail every major civil rights law authored by former Democratic Judiciary Committee Chairman Emanuel Celler. But despite the objections of the Congressional Black Caucus, the Senate Committee on Rules and Administration unanimously approved his nomination. During that period I made the following entries in my diary:

November 28. 1974 [Chairman Peter] Rodino called. He is afraid that if he votes to confirm Ford, the blacks and liberals in his district will be distressed … Later … he said he had spoken to Ford privately and had told him that he would help get the confirmation out of committee and onto the floor, but that he might have to vote against him during the recorded votes on the floor. He said that Ford was very understanding…

November 30 The committee voted to confirm Ford … Rodino voted with the majority…The members behaved themselves fairly well except for Holtzman, who was sanctimonious and tried to prevent the issue from even being brought to a vote … Rodino had to gavel her down.

Tonight … the following radio newscast is on the air. “Gerald Ford was confirmed as the Vice President of the United States by the House of Representatives this afternoon by a vote of 387 to 35. He replaces Spiro Agnew … In the House, the ’no’ votes totaled 35. all from California, New York, and Massachusetts. Ten of the 16 black members of the House opposed Gerald Ford.”

Rodino voted against Ford. After the vote Frank Polk [then-minority counsel) asked me whether this was a matter of conscience or politics. A lot of other people have already asked me that.

Conclusion. The present House Democrats who are characterizing the pending articles of impeachment as an attempt at a “coup” are bringing dishonor on themselves and the Democratic party. Former Rodino Committee members Drinan, Holtzman, Rangel, and Owens — all of whom also opposed the confirmation of Gerald Ford — are dishonoring themselves and our party.

As a classical liberal Democrat I am proud to have served as a counsel to the Judiciary Committee under Chairman Emanuel Celler when he successfully brought about the enactment of the Civil Rights Act of 1964, The Voting Rights Act of 1965, and the Fair Housing Acts.

I am also proud to be among the supporters of the four Articles of Impeachment against William Jefferson Clinton currently pending in the House.