Sanpaku

Sanpaku (pronounced san-pach-ew)

An eye in which the sclera (white of the eye) is visible on three sides of the iris rather than the usual two (left & right).

Pre 1700s: A borrowing from the Japanese 三白 (sanpaku) (three whites) or 三白眼 (sanpaku gan) (three-white eyes).  Sanpaku is a noun and sanpakuish is an adjective; the noun plural is sanpakus.

Sanpaku (三白) (three whites) & Sanpaku gan (三白眼) (three-white eyes) are Japanese terms from traditional Chinese & Japanese medicine and they describe the “condition” in which the white of the eye is visible either above or below the iris when looking straight ahead.  Although the word was popularized by Japanese educator and nutritionist Nyoichi “George” Ohsawa (1893–1966) when he published the book You Are All Sanpaku in 1965, the idea had existed in oriental medicine probably for centuries although it’s impossible accurately to determine its origin.  It was mentioned in the diaries of at least one nineteenth century US Navy physician but attracted no interest in the West until the release of Ohsawa san’s book.  In Western medicine the phenomenon is described as “lower scleral show” or “inferior scleral show”, terms which are merely descriptive because (1) it’s something thought within the range of normality, (2) is indicative of no other mental or physical states and thus (3) is generally not considered a medical condition requiring treatment and is attributed variously to (3a) normal variation in eyelid anatomy, (3b) transient facial expression or gaze direction, (3c) traumatic injury or (3d) age-related tissue changes.  There are orbital or eyelid conditions (the best known being a thyroid-related eye disease causing lid retraction) which can induce a sanpaku-like appearance but instances are vanishingly rare.  In short, the medicalization of sanpaku is thought a product of superstition so predictably, on social media, sanpaku eyes seem to have a cult following.

Sydney Sweeney (b 1997) displaying her Sanpaku inferior (sclera (white of the eye) visible below the iris), Met Gala, Metropolitan Museum of Art, Manhattan, New York City, May 2025.  Lovely though her eyes are, it may be not many have long focused on them.

In You Are All Sanpaku, Ohsawa san described sanpaku as a condition which indicated physical and mental imbalances and discussed its significance in relation to diet and overall well-being.  Historically, sanpaku is believed to have entered oriental medicine from the Japanese practice of “face-reading” and those with eyes observed thus were considered ill-fated and destined for a life filled with misfortune, culminating often with an early demise.  It gained a following on social media by the usual means: celebrity association.  Diana, Princess of Wales, President John Kennedy & Marilyn Munroe, all of whom died young, were all sanpakus and as Ohsawa san warned in You Are All Sanpaku: the eyes indicate someone's fate, signifying imminent danger or an “early and tragic end.”

Diana, Princess of Wales (1961-1997, far left), Marilyn Monroe (1926–1962, centre left), Billie Eilish (b 2001. centre right) and John Kennedy (JFK, 1917–1963; POTUS 1961-1963, far right).  Three died young in tragic circumstances but Ms Eilish remains fit and well.

The original basis of “face reading” isn’t known but as a diagnostic tool it focused on the matter of “balance”, something important also to the physicians of Antiquity who identified the “four humors”: flegmat (phlegm), sanguin (blood), coleric (yellow bile) & melanc (black bile) which were the causative agents of the four personality types, the phlegmatic, the sanguine, the choleric & the melancholic.  In the East, signs of sanpaku meant a man’s whole system (physical, physiological and spiritual) was out of balance, something caused by sins committed against the order of the universe, accounting for his sickness, unhappiness or insanity.  Ohsawa san noted that in the West, such folk had come to be called “accident prone” and they were the ones who should take note of the warning from sanpaku, nature’s tap on the shoulder.  A practical author of self-help texts, Ohsawa san recommended sanpaku eyes should be treated with a macrobiotic diet, focusing on brown rice and soybeans, something on which he had real expertise as the founder of the macrobiotic diet.

By their sanpaku you shall know them: Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945, left), crooked Hillary Clinton (b 1947; US secretary of state 2009-2013, centre) and cult-leader Charles Manson (1934-2017, right).

Interestingly, the beliefs about sanpaku are culturally variable although universally it’s held the condition determines one's fate.  In the Japanese tradition those consequences are ill fate and misfortune while the Chinese associate sanpaku with good luck and wealth and this divergence has interested cultural anthropologists who study the symbolism and mythologies of different societies.  The tradition divides the eyes into "yin sanpaku" and "yang sanpaku", the roots of this the ancient Chinese concept of yin & yang, representing the duality of opposing yet complementary forces in the universe.  Yin and Yang are fundamental concepts in Chinese philosophy and represent complementary and interconnected aspects of the universe. Yin is associated with qualities such as darkness, femininity, passivity, and coldness, while Yang is associated with light, masculinity, activity, and warmth. They’re seen as opposing forces that are in a constant state of dynamic balance and they exist within all phenomena, including human physiology, nature and society.  In this they differ from the (wholly un-related) concept in particle physics of matter and anti-matter.  Matter is the familiar stuff which is much of the physical universe (particles such as protons, neutrons, and electrons) while anti-matter consists of particles with the same mass as their matter counterparts but carrying an opposite charges.  When matter and anti-matter particles come into contact, they can annihilate each other, releasing energy.  Ying and Yang, mutually dependent, live in peaceful co-existence.

The Mean Girls (2004) crew demonstrate the range:  Rachel McAdams (b 1978, far left) & Lindsay Lohan (b 1986, centre-left) are in the part of the population who are either not sanpakus or the effect is imperceptible.  Lacey Chabert (b 1982, centre-right) is in the group with a separation around 1 mm while Amanda Seyfried (b 1985, far right) displays up to 2 mm depending on her expression.

A quadrilateral meeting to discuss German war guilt reparations and allied debts accumulated during World War I (1914-1918): Raymond Poincaré (1860–1934; President of France 1913-1920, far left), Andrew Bonar Law (1858–1923; Prime Minister of the United Kingdom 1922-1923, centre-left), Benito Mussolini (1883-1945; Duce (leader) & Prime-Minister of Italy 1922-1943, centre right) and Georges Theunis (1873–1966; Prime Minister of Belgium 1921-1925 & 1934-1935, far right), 10 Downing Street, London, December 1922.

Before it became a meme, this was an obscure photograph which until the twenty-first century had appeared only in some specialist history texts but as the internet achieved critical mass, memes became a thing and Mussolini’s sanpaku eyes were a gift for the meme-makers, most captions suggesting the Duce may have had a sudden premonition of his own unfortunate end although others offered: “I feel naked without a moustache”, “I think I have imposter syndrome”, “Oh God, I just pooped my pants”, “I know one of these men is a Freemason but I don't know which” and “I wonder if they can tell I've smoked some weed”.  However, although not noted as a mystic, he may have sensed another's impending death, “sitteth at the right hand”, Andrew Bonar Law then having only months to live.

Princess Beatrice, Mrs Edoardo Mapelli Mozzi (b 1988).  Until she appeared at a royal wedding in the fascinator she made famous (some humorless souls would have said infamous), she was most noted for her lovely sanpaku eyes.

In Japanese face reading, yang sanpaku eyes (white part visible above the iris) reveal a person's dark and sinister nature, the eyes indicating the unstable mental state suffered by individuals exhibiting uncontrollable aggression, such as psychopathic murderers or serial killers.  Yin Sanpaku Eyes (sclera visible below the iris) signify a different physical or mental imbalance, one caused by the abuse of drugs, alcohol, and sugar which disrupt the body's equilibrium.  Although discouraged by all in the profession except the odd, entrepreneurial cosmetic surgeon, treatment options are available to “correct” scleral show and the most effect treatment is aesthetic plastic surgery, specifically the procedure called blepharoplasty, which can correct the appearance of the eyes.  The construct of blepharoplasty was blepharo- +‎ -plasty.  Blepharo- was from the New Latin, from the Ancient Greek βλέφαρον (blépharon) (eyelid; a feature resembling an eyelid) and -plasty was from the Ancient Greek πλαστός (plastós) (molded, formed) which now has the special meaning in medicine meaning "repair, restoration or re-shaping of part of the body with a surgical procedure".

Alexandria Ocasio-Cortez (AOC, b 1989, US Representative (Democrat-New York) since 2019 and one of "the squad") displaying her Sanpaku superior (sclera visible above the iris).  Some other of her body parts are also well-documented.

Casual observation suggests sanpaku eyes are far from rare and there are said to be three classes: (1) those with at least a .25 mm (.0098 inch) space between the iris and the upper and lower eyelids, (2) those with a separation of 1 (.0394 inch) mm and (3) those with a gap of 2 mm (.0787 inch) or more.  The concition need not manifest as something symmetrical (in the vertical axis), the two elements being (1) Sanpaku inferior: white visible below the iris and (2) Sanpaku superior: white visible above the iris, the latter said often induced when a subject is frightened or physiologically stressed).  However although “estimates” have been published, neither the prevalence of the condition nor the distribution within the three (unofficial) groups have ever been the subject of a reputable epidemiological study; because “sanpaku eyes” is not a recognised medical or anthropometric category; funding would thus be hard to secure although, as a purely observational and statistical exercise, presumably not many ethics departments would much be troubled.  So, lacking a defined diagnostic entry, there is no standardised measurement threshold and estimates of prevalence are thus almost certainly speculative and thus unreliable.  Those with sanpaku eyes should not too much dwell on the numbers and instead flutter their eyelashes and enjoy the admiring glances.

Mean Girls four-way phone call: Eye-rolls (Amanda Seyfried, top right) don't count, a sanpaku defined only by separation maintained when looking ahead or to the side.

Humans are not the only species with a sclera but we are untypical in it being so visible.  That humans even have white scleras has interested linguistic anthropologists, evolutionary biologists and other researchers, some offering the Cooperative Eye Hypothesis which suggested the distinctive appearance evolved as a mechanism with non-verbal communication could be enhanced.  According to this conjecture, the high visibility of the iris & pupil against the white background allows an interlocutor more easily to track eye movements, helping individuals to understand where others are looking during interactions.  Observational studies revealed the way humans and other great apes move their heads and eyes in different ways, humans relying more on eye movements than head movements to see where someone else is looking.  Apes, without the white component in their eyes, tend more to move the whole head.  Not all support the "cooperative eye" faction but it’s an interesting approach to understanding the evolutionary significance of the human eye's appearance and the sophistication of communication is certainly a noted difference between humans and apes.

Seeing the whites of the eye: a gree-eyed cormorant taking lunch.

The phrase “don’t shoot until you see the whites of their eyes” comes of the military and was an instruction to infantry in the age of the musket to delay firing until the target was within close range, the rationale being (1) accuracy would be enhanced and (2) the projectile (musket ball) would strike with greater energy, thus increasing the effectiveness (measured in the casualty & death rates).  It’s often attributed to Colonel William Prescott (1726–1795) shouting it to his troops at the Battle of Bunker Hill (1775) during the American Revolutionary War (1775-1783) but according to Phrase Finder, the origins lie at least 32 years earlier.  On 27 Jun, 1743, during the Battle of Dettingen (fought in Bavaria as one of the "footnote engagements" of the War of the Austrian Succession (1740-1748)), the resourceful Scot Lieutenant-Colonel (later Lieutenant General) Sir Andrew Agnew of Lochnaw (1867-1761) 5th Baronet) departed from military orthodoxy when, responding to a French cavalry charge, adopted a novel tactic he’d devised, keeping his men not in the conventional square formation to meet the charge head on but having the two centre companies divide from the centre, falling back from the outer markers, thereby compelling the French to gallop through a withering crossfire.  It was potentially a high-risk strategy but he’d trained his troops well the French cavalrymen obediently threaded the needle, suffering heavy losses.  Tacitly acknowledging the danger presented by his innovation, Sir Andrew’s succinct instruction to his brigade had been: “Dinna fire till ye can see the whites of their e' en . . . if ye dinna kill them they'll kill you.”

If the human eye lacked a white sclera it would mean the “messaging” in facial expressions (a non-verbal clue in communication) would have evolved a little differently; Paris Hilton (b 1981) illustrates (digitally altered image).  Ms Hilton has brown eyes but often wears blue contact lens.

As far as is known, all living creatures on Earth came ultimately from a single event which can be said to be the origin of life because at this time, there is no evidence of other living things anywhere in the universe.  Everything else is speculative; life may have started (or arrived) here many other times but for whatever reason not thrived and around the universe there may be many forms of life; some may be more advanced than us or we may be unique in our scientific and technological mastery.  The single point of origin is why we share elements of DNA (Deoxyribonucleic acid, the so-called “building-blocks of life”) with our cats, dogs, goldfish and bananas so, unsurprisingly, in living creatures, eyes are common, often in pairs but unlike those in humans, not all are out-growths of a brain although, in many of the lineages of the Metazoa they are neurally derived and remain tightly integrated with the central nervous system.

A nice pair of boobies.  Charmingly, blue-footed boobies are known to be monogamous, pairs often staying together for life.  Like us, birds are two eyed vertebrates although except for the old outlier (like owls) their eyes, for good reasons, shifted to the sides.  Note how the booby’s eye differs from that of a human.

As a general principle it all depended on the developmental origin and phylogeny (the evolutionary history of groups of organisms).  In vertebrates (mammals, birds, fish etc), the eye evolved as an evagination (a growth outward) of the forebrain during embryogenesis (the process by which an embryo is formed and develops).  Cephalopods (octopus, squid etc) differ in that while the optic lobes of the brain are large and closely connected, the eye is not literally a brain protrusion; thus, while neurally integrated, the eyes are not brain outgrowths.  Arthropods (insects, crustaceans and such) have compound eyes formed from ectodermal (of the The outermost of the three tissue layers in the embryo of a metazoan animal) tissues which connect to the brain via optic nerves and are thus also neurally connected but not developmental extensions of the brain itself.  Many cnidarians (such as the box jellyfish) possess complex lens eyes but lack a centralized brain, their eyes peripheral sensory structures connecting to nerve rings rather than a true brain.  Many invertebrates have relatively simple photoreceptors which can be thought of as “eyespots” which can be distributed across body tissues, the best contemporary comparison probably the sensors now so ubiquitous in electronic devices.

Boobies, one step at a time.

A booby is a seabird in the genus Sula, part of the Sulidae family.  Boobies are closely related to the gannets (Morus), which were formerly included in Sula, the genus created in 1760 by the French naturalist Mathurin Jacques Brisson (1723-1806).  The name was derived from súla, the Old Norse and Icelandic word for the other member of the family Sulidae, the gannet.  The English name booby was based on the Spanish bobo (stupid) as the tame birds often landed on board sailing ships, where they were easily captured and eaten.  As well as a popular addition to the diet of sailors for whom meat other than fish was a rarity, it was fortuitous for many, the Admiralty's archives revealing boobies often mentioned as having been caught and eaten by shipwrecked sailors.

Mr Andrew Mountbatten Windsor in police car, under arrest, February, 2026.

If humans had eyes free of a white sclera (like the booby and many birds), our appearance would be quite different, illustrated by a digitally edited image of (the former prince/duke/admiral etc) Andrew-Mountbatten Windsor (b 1960), rendered as a cartoon by Vovsoft.  However, the use of that image to demonstrate the point may not have been the best choice because, in the original, his expression didn’t appear greatly different.

As well as charming eyes, boobies also have interesting feet.  The distinctive blue feet (the result of pigments ingested from their diet of fish) also play a part in the bobby’s mating ritual although not exactly in the podophilic sense familiar in a sub-set of humans.  In the spring mating season, the bird’s feet become a bright turquoise blue and, to demonstrate their health and vitality, conspicuously they will display them to potential partners.  The job done, as their eggs hatch, the blue hue fades to something less vivid.  One aspect of their behaviour which amused the ornithologists who first observed it was that if among fishers unloading their catch, it tossed a small fish from the by-catch, a booby will take it and waddle off somewhere to enjoy it in solitude rather than gulping it down as in common in many species.  Like penguins, although ungainly on land, they are skilled plunge divers which used their streamlined bodies and air sacs “fly” through the water, catching their prey at high speed and they hunt in "packs", coordinating their movement to maximize the catch.  Boobies have been recorded diving from as high as 90 m (300 feet), their speed upon entry estimated at around 100 km/h (60 mph).

Literal

Literal (pronounced lit-er-uhl)

(1) In accordance with, involving, or being the primary or strict meaning of the word or words; not figurative or metaphorical.

(2) Following the words of the original exactly.

(3) True to fact; not exaggerated; actual or factual; being actually such, without exaggeration or inaccuracy.

(4) Of, persons, tending to construe words in the strict sense or in an unimaginative way; matter-of-fact; prosaic.

(5) Of or relating to the letters of the alphabet (obsolete except for historic, technical or academic use); of or pertaining to the nature of letters.

(6) In language translation, as "literal translation", the precise meaning of a word or phrase as opposed to the actual meaning conveyed when used in another language.

(7) A typographical error, especially involving a single letter (in technical use only).

(8) In English (and other common law jurisdictions) law, one of the rules of statutory construction and interpretation (also called the plain meaning rule).

(9) In computer science, a notation for representing a fixed value in source code.

(10) In mathematics, containing or using coefficients and constants represented by letters.

1350-1400: From the Middle English from the Late Latin literalis & litteralis (of or belonging to letters or writing) from the Classical Latin litera & littera (letter, alphabetic sign; literature, books).  The meaning "taking words in their natural meaning" (originally in reference to Scripture and opposed to mystical or allegorical), is from the Old French literal (again borrowed from the Latin literalis & litteralis).  In English, the original late fourteenth meaning was "taking words in their natural meaning" and was used in reference to the understanding of text in Scripture, distinguishing certain passages from those held to be mystical or allegorical.  The meaning "of or pertaining to the letters of the alphabet " emerged in English only in the late fifteenth century although that was the meaning of the root from antiquity, a fork of that sense being " verbally exact, according to the letter of verbal expression, attested from the 1590s and it evolved in conjunction with “the primary sense of a word or passage”.  The phrase “literal-minded” which can be loaded with negative, neutral or positive connotations, is noted from 1791.  Literal is a noun & adjective, literalize is a verb, literalistic is an adjective, literalist, literalization & literalism are nouns and literally is an adverb; the noun plural is literals.

The meaning "concerned with letters and learning, learned, scholarly" was known since the mid-fifteenth century but survives now only literary criticism and the small number of universities still using “letters” in the description of degree programmes.  The Bachelor of Letters (BLitt or LittB) was derived from the Latin Baccalaureus Litterarum or Litterarum Baccalaureus and historically was a second undergraduate degree (as opposed to a Masters or other post-graduate course) which students pursued to study a specialized field or some aspect of something of particular interest.  Once common, these degrees are now rare in the English-speaking world.  It was between 1895-1977 offered by the University of Oxford and was undertaken by many Rhodes Scholars, sometimes as an adjunct course, but has now been replaced by the MLitt (Master of Letters) which has a minimal coursework component.  When the BLitt was still on the books, Oxford would sometimes confer it as a sort of consolation prize, offering DPhil candidates whose submission had proved inadequate the option of taking a BLitt if the prospect of re-writing their thesis held no appeal.  Among the dons supervising the candidates, the verb "to BLitt" emerged, the classic form being: “he was BLitt-ed you know".

Oxford BLitt in light-blue hood, circa 1907, prior to the reallocation of the shades of blue during the 1920s.

Oxford's colorful academic gowns are a footnote in the history of fashion although influences either way are difficult to detect.  The regulations of 1895 required the new BLitt and the BSc (Bachelor of Science) were to wear the same dress as the existing B.C.L (Bachelor of Civil Law) and the BM (Bachelor of Medicine) and if there was a difference between the blues used for the BCL and the BM in 1895, the implicit "respectively" (actually then its Latin equivalent) would seem to suggest the BLitt was to use the same color hood as the BCL and the BSc to use the shade of the BM and that's certainly how it appears on many contemporary depictions.  Although in the surviving record the hues of blue would in the following decades vary somewhat (and the colors were formerly re-allocated during the 1920s, the BLitt moving to a more vivid rendition of light-blue), the BLitt, BSc and BCL hoods tended always to be brighter and the BM darker.  Whether it was artistic license or an aesthetic nudge, one painter in 1927 mixed something much lighter for the BLitt, a shade more neutral and hinting at a French grey but no other artist seems to have followed.  By 1957, the BLitt and BSc gowns had returned to the colors of the 1895 decree while the BCL and BM were now in mid-blue and that remained unchanged until 1977 when the BLitt and BSc were superseded by masters’ degrees, the new MSc and MLitt given a blue hood lined with the grey of the DLitt & DSc.

Oxford BM in mid-blue hood, circa 1905.

Quite how much the work of the artist can be regarding as an accurate record of a color as it appeared is of course dubious, influenced as it is the painter’s eye, ambient light and the angle at which it was observed.  Even the descriptions used by the artists in their notes suggest there was either some variation over the years (and that would not be unexpected given the differences in the dying processes between manufacturers) or the terms for colors meant different things to different painters: The Oxford BMus hood was noted as blue (1882 & 1934), mauve (1920), lilac (1923, 1924, 1927, 1935 & 1957), dark lilac (1948) and dark purple (1926).  With improvements in photographic reproduction and the greater standardization in the industrial processes used in dying, the post-war photographic record is more reliable and lilac seems a good description for the BM and “light blue” for the BLitt.

In modern (social media) use, "literal" often is used as term of emphasis meaning something like "an exemplar of".  Although the purists will never approve, in that context, it may come to be regarded as a genuine additional meaning, although unlike a word like decimate, it wont be a meaning shift replacing the original.   

In March 2023, after the announcement of her daughter's pregnancy, Lindsay Lohan's mother (Dina Lohan (b 1962)) was quoted as saying: “I’m literally over the moon. I’m so happy, I can’t stop smiling”.  The proneness to exaggeration seems to be a family trait because Lindsay Lohan did once admit some of her youthful antics made her mother “hit the roof” which, hopefully, she didn't mean to be taken literally (although, who knows?).  The now seemingly endemic misuse of literal is not new, Henry Watson Fowler (1858–1933) in his A Dictionary of Modern English Usage (1926) noting errors in general use from as early as the 1820s and the Oxford English Dictionary (OED) has cited literary examples from the seventeenth century.  Interestingly, it appears objections emerged at scale only in the early twentieth century which does suggest an additional meaning may have existed or at least been evolving before the grammar Nazis imposed their censorious ways.  So endemic in English has the (mis)use become and genuine confusion so rare the pedants really should give up their carping; after all, some illustrious names have sinned:

Scrooge McDuck, literally "rolling in wealth" in his famous money bin. 

“…literally rolling in wealth…”: (Mark Twain (1835-1910), The Adventures of Tom Sawyer (1876)).  In fairness to Twain, it can be done.  While Donald Trump (as far as is known) does it only figuratively, Walt Disney (1901–1966) had Scrooge McDuck (created 1947) literally roll-around in the huge volumes of cash he stashed in his "money bin" (a reputed 3 cubic acres (257,440 m³; 772.321 megalitres)) but that wouldn't have been what Twain had in mind.

“The land literally flowed with milk and honey.”: (Louisa May Alcott (1832–1888), Little Women (1868-1869)).  That one may be at least a gray area because milk and honey do literally "flow" (though their varies viscosities mean the flow-rates do differ) and "the land" can be used in the sense of the country and its people rather than "the soil".   

“…Gatsby literally glowed” [after reuniting with Daisy at his house]: (F Scott Fitzgerald (1896–1940), The Great Gatsby (1925)).  Women (when pregnant or as new mothers) often are said "to be glowing" in the sense of their happiness being such it seems "to radiate" from them and this may be what Fitzgerald wished to suggest but even then it was untypical to apply the phrase to men.  However, at least debatably, some time ago, popular use reached the threshold where to describe a new mother as “glowing” could be regarded as literal because the word has become so vested with that sense.  Indeed, in January 2026, when announcing her long-standing feud with Lindsay Lohan had moved from a state of détente to a kind of entente cordiale, Paris Hilton (b 1981) told her audience: “We plan on getting the kids together.  I'm so happy for her.  She is glowing. We love being moms.”  So, that literalism of “glowing” has her imprimatur and, as is well-known, where Paris Hilton goes, the English language follows.  

The literal rule in statutory interpretation in the UK & Commonwealth

Statute law is that set in place by a body vested with appropriate authority (typically a legislature) and maintained in written form.  In providing rulings involving these laws, courts in the common-law world (although in the US the evolution has been a little different) have developed a number of principles of statutory interpretation, the most fundamental of which is “the literal rule” (sometimes called the “plain meaning rule”).  It’s the basis of all court decisions involving statues, the judge looking just to the words written down, relying on their literal meaning without any attempt to impute or interpret meaning.  The process should ensure laws are made exclusively by legislators alone; those elected for the purpose, the basis of the constitutional theory being that it’s this which grants laws their legitimacy and thus the consent of those upon they’re imposed.  However, an application of the literal rule can result in consequences which are nonsensical, immoral or unjust but the theory is that will induce the legislature to correct whatever error in drafting was the cause; it not being the task of the court to alter a duly passed law; the judiciary must interpret and not attempt to remedy the law.

A judge in 1980 observed the British constitution “…is firmly based upon the separation of powers; parliament makes the laws, the judiciary interpret them.  When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect… the role of the judiciary is confined to ascertaining from the words that parliament has approved as expressing its intention what that intention was, and to giving effect to it. Where the meaning of the statutory words is plain and unambiguous it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient, or even unjust or immoral.”  So a judge should not depart from the literal meaning of words even if the outcome is unjust.  If they do, the will of parliament is contradicted.

However, some things were so absurd even the most black-letter-law judges (of which there were not a few) could see the problem.  What emerged was “the golden rule”, the operation of which a judge in 1857 explained by saying the “…grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument in which case the grammatical and ordinary sense of the words may be modified so as to avoid the absurdity and inconsistency, but no farther.”  The golden rule thus operates to avoid an absurdity which an application of the literal rule might produce.

The golden rule was though deliberately limited in scope, able to be used only in examples of absurdity so extreme it would be a greater absurdity not to rectify.  Thus “the mischief rule” which with judges exercised rather more discretion within four principles, first mentioned in 1584 at a time when much new legislation was beginning to emerge to supersede the old common law which had evolved over centuries of customary practice.  Given the novelty of codified national law replacing what previously been administered with differences between regions, the need for some debugging was not unexpected, hence the four principles of the mischief rule: (1) What was the common law before this law?, (2) What was the mischief and defect for which the common law did not provide and thus necessitate this law?, (3) What remedy for the mischief and defect is in this law”, & (4) The role of the judge is to make such construction as shall suppress the mischief and advance the remedy.  The rule was intended to determine what mischief a statute was intended to correct and interpret the statute justly to avoid any mischief.

The mischief rule closes loopholes in the law while allowing them to evolve in what may be a changing environment but does permit an element of the retrospective and depends on the opinion and prejudices of the judge: an obvious infringement on the separation of powers protected by the strict application of literal rule.  So it is a trade-off, the literal rule the basic tool of statutory interpretation which should be deviated from only in those exceptional cases where its application would create an absurdity or something manifestly unjust.  This the golden rule allows while the mischief rule extends judicial discretion, dangerously some have said, permitting the refinement of law at the cost of increasing the role of the judges, a group where views and prejudices do vary.  From all this has evolved the debate about judicial activism.

Colonel Theodore Roosevelt (TR, 1858–1919; VPOTUS 1901, POTUS 1901-1909) with the 1^st US Volunteer Cavalry and troopers of the 10th Cavalry after the capture of Kettle Hill during the Battle of San Juan Hill, July 1898.

Fought between April-August 1898, the Spanish–American War followed the warship USS Maine (an “armoured cruiser” best thought of as one of the smaller “pre-Dreadnought” battleships) in February blowing up and sinking while anchored in Cuba’s Havana Harbor; 261 of the ship’s complement of 355 were killed.  Based on the early reports and available evidence, the US Navy’s explosives experts suggested the blast appeared to have been caused by a spontaneous coal bunker fire but Roosevelt, then serving as Assistant Secretary of the Navy, pushed back, labelling that conclusion “premature” and insisted sabotage was possible, telling colleagues: “the Maine was sunk by an act of dirty treachery on the part of the Spaniards.”  That might have sounded strange to those who have read the press reports of courteous Spaniards having welcomed her arrival in Havana with the presentation to the captain of a case of Jerez sherry and William McKinley (1843–1901; US president 1897-1901) the next evening, hosting his first diplomatic dinner in the White House, having the Spanish minister sit next to him, despite almost a dozen other envoys enjoying precedence.  Roosevelt however had his war-paint on and he had the enthusiastic support of William Randolph Hearst’s (1863–1951) New York newspaper the Journal, something of the FoxNews of its day and an early example of “yellow journalism”.

Unconvinced after having learned the Maine had been “a floating bomb, its forecastle packed with gunpowder and its magazines laced with shortable wires”, McKinley ordered an investigation, saying: “I don’t propose to be swept off my feet by the catastrophe.  I have been through one war [the US Civil War 1861-1865] and I have seen the dead piled up, and I do not want to see another.”   He called for an investigation, which dragged on for months.  While McKinley’s enquiry percolated, Hearst had the Journal print fanciful diagrams showing how the Spanish “Infernal Machine” had hit the hull while Roosevelt, taking advantage of the temporary absence of the Secretary of the Navy, ordered the Pacific squadron to sea, put the European and South Atlantic stations on alert, demanded of Congress the immediate authorization of the unlimited recruitment of seamen and ordered large quantities of guns and ammunition.  By the time McKinley's investigation reported the cause of the sinking as an “external explosion”, Roosevelt and Hearst had honed public opinion and, the die cast, a reluctant McKinley took his country to war.

A stylized image of the explosion which sank the USS Maine, published in 1898 by Kurz and Allison (a Chicago-based publisher of chromolithographs), Nautical History Gallery and Museum.

In a move that would wholly be unfamiliar to bloodthirsty, non-combatant modern politicians who prefer to sit at a safe distance to watch other people’s children fight their wars, Roosevelt’s view was: “I have done all I could to bring on the war, because it is a just war, and the sooner we meet it the better.  Now that it has come, I have no business to ask others to do the fighting and stay home myself.”  He resigned from the administration and headed for Cuba with his “Rough Riders” (a collection of “cowboys, idealists. Veteran soldiers, Native Americans and adventurers”), assembled as the 1^st US Volunteer Cavalry, a formation John Hay (1838-1905; US Secretary of State 1898-1905) thought “ideally suited” to what be labelled a “splendid little war.”  Although brief, the conflict was of great significance because it was at this point the US became an imperial power, its defeat of Spain resulting in the acquisition of Puerto Rico, Guam, and the Philippines, while Cuba would until 1902 remain a US protectorate.  By the late twentieth century a consensus had emerged that the explosion was most likely caused by an "internal event" and not a Spanish mine but much had since happened and "what's done is done and can't be undone".

The Rough Riders were one of several units formed ad hoc which were dissolved with the end of the war and while the notion of what were quasi-private militias operating in concert with regular forces may seem curious, before World War I (1914-1918) changed the public perception of war, for some men, the lure of combat still had a romantic aura.  While the contribution of the Rough Riders strategically was slight, it was real and it was the action of 1 July which became the war’s most famous engagement.  On that day, in a combined assault with regular army troops, Roosevelt on horseback led the Rough Riders in charges up Kettle Hill and San Juan Hill; there over a thousand casualties with some 200 killed.  He returned to the US as a national hero and in November 1898 was elected governor of New York before being "persuaded" to run as McKinley’s running mate on the Republican ticket for the 1900 presidential election.  Roosevelt would have been familiar with the nineteenth century there was a joke about two brothers: “One ran off to sea and the other became vice-president; neither were ever heard of again” and may have anticipated the view of John Nance Garner III (1868–1967, VPOTUS 1933-1941 so thus a reasonable judge of these things), that being VPOTUS was “...not worth a bucket of warm piss” (which is polite company usually is sanitized as “...bucket of warm spit”).  Accordingly, he was diffident about seeking the nomination which in his day was not thought a stepping stone to higher things.  That’s changed and a number of VPOTUSs have become POTUS; on a few occasions that has worked well but of late the record has not been encouraging, the presidencies of Lyndon Johnson (LBJ, 1908–1973; VPOTUS 1961-1963, POTUS 1963-1968), Richard Nixon (1913-1994; VPOTUS 1953-1961, POTUS 1969-1974), George H. W. Bush (George XLI, 1924-2018; VPOTUS 1981-1989, POTUS 1989-1993) and Joe Biden (b 1942; VPOTUS 2008-2017, POTUS 2021-2025) 1963-1968, all ending badly, in despair, disgrace, defeat and decrepitude respectively.  Roosevelt in 1900 told friends he’d rather “…be anything else, say, a professor of history” but finally decided he could make it a solid platform for a run for the presidency in 1904.

His path to the nomination for VPOTUS was made somewhat smoother by the party bosses in New York wanting him out because although popular with the voters, for the machine men used to running things, he was a loose cannon and one they’d sooner have sitting in an inconsequential office in Washington DC than making trouble in New York where he exercised real power.  Mark Hanna (1837-1904), the great Republican boss, called him “that damned cowboy” (which, in many ways, could be read literally) and Mark Twain disapproved, saying he was “clearly insane… and insanest upon war and its supreme glories.”  Hanna was of course aware of the danger for a VPOTUS is first in the line of succession and he’d tried to stop the nomination, imploring the delegates to “see reason”, telling them: “Don’t any of you realize that there’s only one life between that madman and the presidency?”  It was to no avail and in 1900 the McKinley/Roosevelt ticket prevailed, prompting Hanna to tell McKinley: “Your sacred duty for the next four years is to stay alive” and the president did his best but, through no fault of his own, was within months cut down by the gunfire of an anarchist and “that damned cowboy” was sworn in as Chief Magistrate of the United States.  In what must now seem an extraordinary example of judicial alacrity, within six weeks of McKinley’s death, the anarchist assassin had been tried, convicted and executed in New York’s Auburn Prison, dispatched by the New York State Electrician.

A full-page advertisement taken out by Donald Trump (b 1946; US president 2017-2021 and since 2025) in the New York Daily News (1 May 1989).  When he said "BRING BACK THE DEATH PENALTY", he meant it literally.

“New York State Electrician” really was the title of the state’s chief executioner and the title was derived from the use of the electric chair.  The first appointment was made in 1890 and despite New York staging its last execution in 1963, the position was not disestablished until the Nixon-era decision by the USSC (US Supreme Court) in Furman v. Georgia, 408 U.S. 238 (1972), which had the effect of imposing a national moratorium on the use of the death penalty until 1976 when it was held certain states successfully had re-written their statutes in conformity with the US constitution.  Intriguingly, between 1890-1963 the fee received by the State Electrician was never changed from the original US$150 (with a bonus US$50 paid for additional executions performed on the same day).  That was despite substantial inflation (and the related decrease in the purchasing power of the US$): By 1963, the equivalent value of 1890’s US$150 was calculated at US$504.40 and by 2026 the number was US$5,342.67.  Mr Trump ran his advertisement in four New York City newspapers at a total cost of US$85,000 so, had the New York State Electrician still be plying his specialized trade, what was paid to the papers would have covered some 567 executions but if the fee had been adjusted in line with inflation (the value of 1990’s US$150 by 1989 having risen to US$2,043.96), it would have paid for fewer than 42 to “get the chair”.

Movements in the value of the US$ (inflation & purchasing power), 1890-2026.

Roosevelt’s military exploits in what came to be called the Battle of San Juan Heights made him a national celebrity, a role he was well-equipped to exploit and when late in 1898 he's returned to the US, his mind turned to politics and his goal was the White House; for that he needed a stepping stone.  New York’s Republican Party establishment preferred to endorse candidates who were (1) sane and (2) dependent on the machine and thus compliant so were thus not enamoured with the leader of the Rough Riders but above all they needed someone likely to win an election, a quality Roosevelt appeared to possess, unlike the alternatives.  So, reluctantly, the New York Republicans adopted them as their candidate in the 1898 gubernatorial election and Roosevelt stormed into the campaign with the same enthusiasm he'd a few months earlier displayed on horseback while leading charges against the Spanish.  With a sense for publicity which never deserted him, he had Sergeant Buck Taylor (who’d charged with him in Cuba) speak at an election rally where he told the assembled crowd: “…and when it came to the great day he led us up San Juan Hill like sheep to the slaughter and so he will lead you.”  Roosevelt won the election, winning the popular vote 49.02% to 47.70% so clearly not too many New Yorkers took Sergeant Taylor’s words literally.

Sandwedge

Sandwedge (pronounced sand-wej)

(1) As Operation Sandwedge, a proposed clandestine intelligence-gathering operation against the political enemies of US president Richard Nixon.

(2) As sand wedge, a specialized golf club, an iron with a heavy lower flange, the design of which is optimized for playing the ball out of a bunker (sand trap).

1971: The name was chosen for a “dirty tricks” covert operation as a borrowing from golf, the sand wedge a club used to play the ball from a difficult position.  The construct was sand + wedge.  Dating from pre-1000, sand was from the Middle English sand, from the Old English sand, from the Proto-West Germanic samd, from the Proto-Germanic samdaz, from the primitive Indo-European sámhdhos, from sem- (to pour).  Wedge was a pre 900 from the Middle English wegge (wedge), from the Old English wecg (a wedge), from the Proto-Germanic wagjaz (source also of the Old Norse veggr, the Middle Dutch wegge, the Dutch wig, the Old High German weggi (wedge) and the dialectal German Weck (a wedge-shaped bread roll) and related to the Old Saxon weggi.  It was cognate with the dialectal German weck derived from the Old High German wecki and Old Norse veggr (wall).  The Proto-Germanic wagjaz is of uncertain origin but may be related to the Latin vomer (plowshare).  Sandwedge is a noun; should the plural ever be needed, it would be sandwedges (ie phonetically a la the use in golf (sand wedges)).

In golf, when using a sand wedge (left), the player’s stance and the way in which the club addresses the ball differs from what’s done when using a conventional iron (right).  Noted golfer Paige Spiranac (b 1993) demonstrates the difference although there may be some variations depending on an individual's weight distribution. 

Richard Nixon.

Operation Sandwedge was a covert intelligence-gathering operation intended to be conducted against the enemies (a long list which later became public) of Richard Nixon (1913-1994; US president 1969-1974).  Beginning in 1971, the early planning was done by Nixon's Chief of Staff HR Haldeman (1926-1993), his assistant for domestic affairs, John Ehrlichman (1925-1999) and Jack Caulfield (1929–2012; despite a minor (essentially procedural) role in the Watergate scandal, he was never prosecuted), then attached to Ehrlichman’s White House staff “handling special assignments”; also involved (though paid not by the White House but from external campaign funds) was Tony Ulasewicz (1918-1997), later a bit-player in the Watergate affair.  The core of Caulfield’s plan was to target the anti-Vietnam War movement and those figures in the Democratic Party Nixon had identified as the greatest threat to his re-election in 1972, including Ted Kennedy (1932–2009; US senator 1962-2009), Ed Muskie (1914–1996; US senator 1959-1980), William Proxmire (1915–2005; US Senator 1957-1989) and Birch Bayh (1928–2019; US senator 1963-1981).  Of interest too was a settling of scores with those who had prevented G Harrold Carswell (1919–1992) being confirmed by the Senate as Nixon's nominee for the US Supreme Court and the president's net was internecine too, some of the targeted figures in his own Republican Party.

G Gordon Liddy.

Operation Sandwedge was intended to be clandestine but it wasn’t subtle and included physical and electronic surveillance, the intelligence of particular interest that which could be used either to feed damaging leaks to the press or for purposes of blackmail including dubious financial transactions, mental health records and (preferably “unnatural”) sexual proclivities.  However, the operation never proceeded beyond the planning stages because Haldeman and Ehrlichman thought the methods of Caulfield (a former New York City Police Officer) unsophisticated so transferred the project to G Gordon Liddy (1930–2021), a lawyer, one-time FBI agent and later one of the great characters of the Watergate affair.  Attached to Liddy's operation was former CIA operative Howard Hunt (1918–2007) who, under his name and many noms de plume, was a most prolific author of fiction and non-fiction, his bibliography extending to over 70 titles.  Caulfield had chosen the name sandwedge because, as a dedicated golfer, he knew the sand wedge was the club of choice when one was in a difficult spot;  if well-played, it was what could transform a bad situation into something good.  At the time, code-names were among the many imaginative things to emerge from the bunker at 1600 Pennsylvania Avenue and the one chosen for the squad to investigate leaks of information to the press was dubbed “the plumbers”.  One member later told his elderly grandmother one of his duties in the White House was “investigating leaks” and proudly she told him: “Your grandfather was a plumber”.   

Paige Spiranac's definitive guide to the correct handling of one's sand wedge, one of a series of invaluable short clips called Paige Quickies.  They're an ideal guide for both experienced golfers wishing to hone their techniques and those taking up the sport.  Highly qualified and thus obviously cognizant of physics of weight distribution when swinging a club, another of the Paige Quickies is a collection of tips for “busty golfers”.  On Instagram, in less than 24 hours, the clip garnered over 2.6 million views.  On the internet, opinion was divided on whether the high view-count was (1) a indication there are many busty golfers seeking technical advice or (2) other reasons.

The Watergate complex, Washington DC.

The Watergate affair was of course one of the best known (and among nihilistic political junkies the most celebrated) of the “dirty tricks” operations run out of (or at least connected with) the Nixon White House but it was far from unique.  Some strikingly immoral back-channel operations had been run even before the 1968 election but by 1971 the vista had expanded to include what would now be called fake news plants, the infiltration of the staff of political opponents, break-ins and burglary, among the most infamous of which was “the plumbers” (including Liddy) breaking into the office of the psychiatrist treating Daniel Ellsberg (b 1931), the former Department of Defense (now known also as the Department or War) military analyst who had leaked the “Pentagon Papers” (something which was a reasonable achievement in the days when decamping with thousands of pages of classified material demanded not a few minutes copying data to a USB stick but many hours between midnight and dawn using the photocopier).  The doctor's Ellsberg file revealed nothing of interest but the burglary gained a place in history, being recorded by Ehrlichman (who approved the operation) as "Hunt/Liddy Special Project No 1".  There would be more.

Paige Spiranac is active on Instagram and recently posted a “Life update” to her four million followers, advising “I have bangs now”.  Hopefully, she will keep us informed and there will be more to come.

Sandwedge had been envisaged as an intelligence gathering operation, the most novel aspect of which was that while the project documents presented an overview of something using conventional methods of surveillance and the compilation of publicly available material, privately, Caulfield admitted electronic surveillance would also (unlawfully) be used, something any expert presumably could have deduced from the impressive total of budget request.  Of greatest interest were financial records (relating particularly to tax matters), mental health conditions, undisclosed legal problems and sexual conduct, especially if illicit and preferably unlawful.  The idea greatly interested Haldeman and Ehrlichman but they had never been convinced by Caulfield’s “lack of background” by which they meant education, social skills (ie correct way to use knife & fork in polite company) and political experience.  Accordingly, Sandwedge and all intelligence matters were transferred to Liddy, the article of faith in the White House being anything run by a trained lawyer legally would be “bullet proof”, not a quality they associated with the schemes of ex-NYC police officers, a breed not always with a reputation for rectitude.

New York Times, Saturday 2 March 1974.

Liddy revelled in the role as the White House’s clandestine clearing house for “covert ops” and applied his own list of spy-like code names (Gemstone, Diamond, Ruby etc) to an range of activities expanded beyond Sandwedge including physical espionage, infiltration of protest groups, secret wire-taps, sabotage of opposition campaigns and, of course, “honey-pot traps” (the use of attractive young women as temptresses).  Even for Haldeman and Ehrlichman (behind their backs, known to White House staffers as “the Germans” or “the Prussians”) the implications of becoming essentially gangsters was too much but the shell of Liddy's structure was in 1972 approved and even that pared-down framework included a range of unlawful activities, including the one which would trigger the chain of events that culminated in Nixon’s resignation and see dozens of the conspirators (including Haldeman, Ehrlichman and Liddy) jailed: the break in and bugging of the Democratic Party offices in the Watergate complex.  As the affair unfolded, suspicion fell upon Caulfield until it was realised his role in Operation Sandwedge had ended before any dubious operations began and he’d never been part of Liddy’s more ambitious plans.  He was compelled to resign from government but was never prosecuted, maintaining to his dying day that if he’d been left to run Operation Sandwedge, there would have been no burglaries in the Watergate complex or anywhere else and thus none of the cascading scandals which at first paralysed and later doomed the second term of the Nixon administration.

On the golf course, Lindsay Lohan in bunker with sand wedge, rendered as a pen drawing by Vovsoft.

One attractive thing about the historic records of the US government is the relative openness and accessibility to the documents which can lay bare the operations of at least some of the machinery of government.  Things are of course not as open as they used to be but the US attitude to the classification of material is still preferable to that of institutions like the UK’s Cabinet Office or the CCP (Chinese Communist Party) both of which operate in an air of obsessive secrecy.  One treasure trove is the on-line archive of the Richard Nixon Presidential Library and Museum which includes a stash of transcripts of the White House tapes subpoenaed by the SSPF (Watergate Special Prosecution Force), including the famous (and politically, politically and legally fatal) “smoking gun tape”.  In some ways even more so than the audio tapes, the transcripts provide an insight into how politics actually is practiced and it’s useful to compare them with sanitized (and sometimes mendacious) memoirs or “official histories”.  On 21 March 1973, President Nixon met with John Dean (b 1938; White House Counsel to the President, 1970-1973) when “Operation Sandwedge” and its corrosive consequences were discussed:

DEAN:  I think, I think that, uh, there's no doubt about the seriousness of the problem we've got.  We have a cancer--within, close to the Presidency, that's growing.  It's growing daily.  It's compounding, it grows geometrically now because it compounds itself.  Uh, that'll be clear as I explain you know, some of the details, uh, of why it is, and it basically is because (1) we're being blackmailed; (2) uh, people are going to start perjuring themself very quickly that have not had to perjure themselves to protect other people and the like. And that is just--and there is no assurance…

DEAN: Jack had worked for John [John Mitchell (1913–1988; US attorney-general 1969–1972)] and then was transferred to my office.  I said, "Jack, come up with a plan that, you know, is a normal infiltration, I mean, you know, buying information from secretaries and all that sort of thing."  He did, he put together a plan.  It was kicked around, and, uh, I went to Ehrlichman with it.  I went to Mitchell with it, and the consensus was that Caulfield wasn't the man to do this. Uh, in retrospect, that might have been a bad call, 'cause he is an incredibly cautious person and, and wouldn't have put the situation to where it is today.

PRESIDENT: Yeah.

DEAN: All right, after rejecting that, they said, "We still need something," so I was told to look around for somebody that could go over to 1701 and do this.  And that's when I came up with Gordon Liddy, who-- they needed a lawyer. Gordon had an intelligence background from his FBI service.  I was aware of the fact that he had done some extremely sensitive things for the White House while he'd been at the White House, and he had apparently done them well. Uh, going out into Ellsberg's doctor's office.

PRESIDENT: Oh, yeah.

PRESIDENT: January of '72?

DEAN: January of '72.  Like, "You come over to Mitchell's office and sit in on a meeting where Liddy is going to lay his plan out."  I said, "Well, I don't really know as I'm the man, but if you want me there I'll be happy to."  So, I came over and Liddy laid out a million dollar plan that was the most incredible thing I have ever laid my eyes on.  All in codes, and involved black bag operations, kidnapping, providing prostitutes, uh, to weaken the opposition, bugging, uh, mugging teams. It was just an incredible thing.

PRESIDENT: But, uh..

DEAN: And--

PRESIDENT: ...that was, that was not, uh...

DEAN: No.

PRESIDENT: ...discussed with..

DEAN: No.

PRESIDENT: ...other persons.

DEAN: No, not at all. And--

PRESIDENT: (Unintelligible)

DEAN: Uh, Mitchell, Mitchell just virtually sat there puffing [on his pipe] and laughing. I could tell 'cause after he--after Liddy left the office I said, "That's the most incredible thing I've ever seen.  "He said, "I agree."  And so then he was told to go back to the drawing boards and come up with something realistic. So there was a second meeting. Uh, they asked me to come over to that. I came into the tail end of the meeting. I wasn't there for the first part. I don't know how long the meeting lasted. Uh, at this point, they were discussing again bugging, kidnapping and the like. And at this point I said, right in front of everybody, very clearly, I said, "These are not the sort of things that are ever to be discussed in the office of the Attorney General of the United States"--where he still was--"and I am personally incensed." I was trying to get Mitchell off the hook, uh, 'cause—

PRESIDENT: I know

DEAN: He's a, he's a nice person, doesn't like to say no under--when people he's going to have to work with.

PRESIDENT: That's right.

DEAN: So, I let, I let it be known. I said, "You all pack that stuff up and get it the hell out of here 'cause we just, you just can't talk this way in this office and you shouldn't, you shouldn't, you should re-examine your whole thinking." Came back-

PRESIDENT: Who else was present? Be-, besides you-

DEAN: It was Magruder, Magruder. [Jeb Magruder (1934–2014; deputy director of Committee for the Re-Election of the President (CRP) in the 1972 election (better known as CREEP))]

PRESIDENT: Magruder.

DEAN: Uh, Mitchell, Liddy and myself. I came back right after the meeting and told Bob, I said, "Bob, we've got a growing disaster on our hands if they're thinking this way.'  And I said, "The White House has got to stay out of this and I, frankly, am not going to be involved in it."  He said, "I agree John."  And, I thought, at that point the thing was turned off. That's the last I heard of it, when I thought it was turned off, because it was an absurd proposal.

PRESIDENT: Yeah.

DEAN: Liddy-I did have dealings with him afterwards. We never talked about it. Now that would be hard to believe for some people, but, uh, we never did. Just the fact of the matter.

PRESIDENT: Well, you were talking about other things.

DEAN: Other things. We had so many other things.

PRESIDENT: He had some legal problems at one time.