Showing posts sorted by relevance for query Watergate. Sort by date Show all posts
Showing posts sorted by relevance for query Watergate. Sort by date Show all posts

Saturday, January 21, 2023

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, the player’s stance and the way in which the club addresses the ball differs from what’s done when using a conventional iron.  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 political enemies 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), then attached to Ehrlichman’s White House staff “handling special assignments” and 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 subsequent 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 Supreme Court and the president's net was internecine too, others 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 sexual proclivities.  However, the operation never proceeded beyond the planning stages because Haldeman and Ehrlichman thought the methods of Caulfield (a former New York 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.  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 and if well-played, it was what could transform a bad situation into something good.  At the time, the code-names were probably among the more imaginative things to emerge from Pennsylvania Avenue, the name chosen for the squad to investigate leaks of information to the press was dubbed “the plumbers”.

The Watergate complex, Washington DC.

The Watergate affair was of course 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.  Back channel operations had actually begun 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 and 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 Defence Department military analyst who had leaked the “Pentagon Papers”.  Ellsberg’s 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 with sand wedge.

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 advised illegal electronic surveillance would also be used, something any expect presumably could have deduced from the size of the requested budget.  Of the 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 and political experience.  Accordingly, Sandwedge and all intelligence matters were transferred to Liddy, the article of faith in the White House being that anything run by a trained lawyer would be legally secure, not something they believed of ex-NYC policemen.

New York Times, Saturday 2 March 1974.

Liddy revelled in the role as the White House’s clandestine clearing house for “covert ops” and created his own list of spy-like code names (Gemstone, Diamond, Ruby et al) 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”.  Even for Haldeman and Ehrlichman the implications of becoming essentially gangsters was too much but the shell of Liddy's structure was in 1972 approved and even then it included a range of unlawful activities, including the one which would trigger the chain of events which would culminate in Nixon’s resignation of the presidency 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 ended the second term of the Nixon administration.

Paige Spiranac's definitive guide to the use of one's sand wedge.  This is one of a series of invaluable short clips called Paige Quickies.

Sunday, February 6, 2022

Gate

Gate (pronunced geyt)

(1) A movable barrier, usually on hinges, closing an opening in a fence, wall, or other enclosure.

(2) An opening permitting passage through an enclosure.

(3) A tower, architectural setting, etc., for defending or adorning such an opening or for providing a monumental entrance to a street, park etc.

(4) Any means of access or entrance.

(5) A mountain pass.

(6) Any movable barrier, as at a tollbooth or a road or railroad crossing.

(7) A sliding barrier for regulating the passage of water, steam, or the like, as in a dam or pipe; valve.

(8) In skiing, an obstacle in a slalom race, consisting of two upright poles anchored in the snow a certain distance apart.

(9) The total number of persons who pay for admission to an athletic contest, a performance, an exhibition or the total revenue from such admissions.

(10) In cell biology, a temporary channel in a cell membrane through which substances diffuse into or out of a cell; in flow cytometry, a line separating particle type-clusters on two-dimensional dot plots.

(11) A sash or frame for a saw or gang of saws.

(12) In metallurgy, (1) a channel or opening in a mold through which molten metal is poured into the mold cavity (also called ingate) or (2), the waste metal left in such a channel after hardening; (written also as geat and git).

(13) In electronics, a signal that makes an electronic circuit operative or inoperative either for a certain time interval or until another signal is received, also called logic gate; a circuit with one output that is activated only by certain combinations of two or more inputs.

(14) In historic British university use, to punish by confining to the college grounds (largely archaic).

(15) In Scots and northern English use, a habitual manner or way of acting (largely archaic).

(16) A path (largely archaic but endures in historic references).

(17) As a suffix (-gate), a combining form extracted from Watergate, occurring as the final element in journalistic coinages, usually nonce words, that name scandals resulting from concealed crime or other alleged improprieties in government or business.

(18) In cricket, the gap between a batsman's bat and pad, used usually as “bowled through the gate”.

(19) In computing and electronics, a logical pathway made up of switches which turn on or off; the controlling terminal of a field effect transistor (FET).

(20) In airport or seaport design, a (usually numerically differentiated) passageway or assembly point with a physical door or gate through which passengers embark or disembark.

(21) In a lock tumbler, the opening for the stump of the bolt to pass through or into.

(22) In pre-digital cinematography, a mechanism, in a film camera and projector, that holds each frame momentarily stationary behind the aperture.

(23) A tally mark consisting of four vertical bars crossed by a diagonal, representing a count of five.

Pre 900:  From the Middle English gate, gat, ȝate & ȝeat, from the Old English gæt, gat & ġeat (a gate, door), from the Proto-Germanic gatą (hole, opening).  It was cognate with the Low German and Dutch gat (hole or breach), the Low German Gatt, gat & Gööt, the Old Norse gata (path) and was related to the Old High German gazza (road, street).  Yate was a dialectical form which was an alternative spelling until the seventeenth century; the plural is gates.  Many European languages picked up variations of the Old Norse to describe both paths and what is now understood as a gate.  The Old English geat (plural geatu) was used to mean "gate, door, opening, passage, hinged framework barrier", as was Proto-Germanic gatan, and the Dutch gat; in Modern German, it emerged as gasse meaning “street”; the Finnish katu, and the Lettish gatua (street) are Germanic loan-words.  Interestingly, scholars trace the ultimate source as the Primitive European ǵed (to defecate).

The meaning "money from selling tickets" dates from 1896, a contraction of 1820’s gate-money.  The first reference to uninvited gate-crashers is from 1927 and gated community appears in 1989; that was Emerald Bay, Laguna Beach, California although conceptually similar defensive structures had for millennia been built in many places.

G Gordon Liddy (1930–2021) was the CREEP lawyer convicted of conspiracy, burglary, and illegal wiretapping for his role in the Watergate Affair.  Receiving a twenty-year sentence, he served over four, paroled after President Carter commuted the term to eight years.  He was one of the great characters of the affair.

The practice of using -gate as a suffix appended to a word to indicate a "scandal involving," is a use abstracted from Watergate, the building complex in Washington DC, which, in 1972, housed the national headquarters of the Democratic Party.  On 17 June, it was burgled by operatives found later to be associated with President Nixon’s Campaign to Re-elect the President committee (CREEP).  Since Watergate, there have been at least dozens of –gates.

Notable Post-Watergate Gates

Billygate: In 1980, US President Jimmy Carter's brother, Billy, was found to have represented the Libyan government as a foreign agent.  Cynics noted that, unlike his brother, Billy at least had a foreign policy.

Crooked Hillary Clinton has provided the lexicon many "-gates".  A marvelous linguistic coincidence gave us Whitewatergate, a confusing package of real estate deals later found technically to be lawful and Futuregate was a reference to some still inexplicable (and profitable) dabbles in her name in the futures markets.  Servergate was the mail server affair which featured mutually contradictory defenses to various allegations, the Benghazi affair and more.  There was also a minor matter but one which remains emblematic of character.  Crooked Hillary Clinton, after years of fudging, was forced to admit she “misspoke” when claiming that to avoid sniper-fire, she and her entourage “…just ran with our heads down to get into the vehicles to get to our base” when landing at a Bosnian airport in 1996.  She admitted she “misspoke” only after a video was released of her walking down the airplane’s stairs to be greeted by a little girl who presented her with a bouquet of flowers.  Even her admission was constructed with weasel words: “…if I misspoke, that was just a misstatement”.  That seemed to clear things up and the matter is now recorded in the long history of crooked Hillary Clinton's untruthfulness as Snipergate.  Most bizarre was Pizzagate, a conspiracy theory that circulated during the 2016 US presidential campaign, sparked by WikiLeaks publishing a tranche of emails from within the Democrat Party machine.  According to some, encoded in the text of the emails was a series of messages between highly-placed members of the party who were involved in a pedophile ring, even detailing crooked Hillary Clinton’s part in the ritualistic sexual abuse of children in the basement of a certain pizzeria in Washington DC.  Among the Hillarygates, pizzagate was unusual in that she was innocent of every allegation made; not even the pizzeria's basement existed.

Closetgate: References the controversy following the 2005 South Park episode "Trapped in the Closet", a parody of the Church of Scientology in which the Scientologist film star Tom Cruise refuses to come out of a closet.  Not discouraged by the threat of writs, South Park later featured an episode in which the actor worked in a confectionery factory packing fudge. 

Grangegate: In Australia in 2014, while giving evidence to the ICAC, former NSW Premier Barry O'Farrell forget he’d been given a Aus$3,000 bottle of Penfolds Grange (which he drank).  He felt compelled to resign.

Perhaps counterintuitively, there seems never to have been a Lindsaygate or LohangateIn that sense, Lindsay Lohan may be said to have lived a scandal-free life.

Irangate: Sometimes called contragate, this was the big scandal of President Ronald Reagan’s second term (1985-1989).  As a back channel operation, the administration had sold weapons to the Islamic Republic of Iran and diverted the profits to fund the Contra rebels opposing the Sandinista government of Nicaragua.  Congress had earlier cut the funding.

Nipplegate: Sometimes called boobgate, this was a reaction to singer Janet Jackson’s description of what happened at the conclusion of her 2004 Superbowl performance as a “wardrobe malfunction”.  In Europe, they just didn't get what all the fuss was about.

Monicagate: The most celebrated scandal of President Bill Clinton’s (b 1946; US President 1993-2001) second term.  Named after White House intern Monica Lewinsky (b 1973), with whom the president “…did not have sexual relations…”.

1973 Pontiac Trans-Am SD 455.

Dieselgate: In 2015, Volkswagen was caught cheating on emissions tests used to certify for sale some eleven-million VW diesel vehicles by programming them to enable emissions controls during testing, but not during real-world driving.  Manufacturers had been known to do this.  In 1973 Pontiac tried to certify their 455 Super Duty  engine with a not dissimilar trick but the EPA weren’t fooled which is why the production 455SD was rated at 290 horsepower rather than 310.  Later, other manufacturers in the Fourth Reich turned out to be just as guilty and, in that handy phrase from German historiography "they all knew".  Including the fines thus far levied, legal fees and the costs associated with product recalls, the affair is estimated so far to have cost VW some US$27 billion but the full accounting won't be complete for some time.  Other German manufacturers were also affected but Daimler (maker of Mercedes-Benz) avoided a penalty by snitching on the others. 

In Australia, Utegate was a 2009 campaign run by opposition leader Malcolm Turnbull and his then henchman, Senator Eric Abetz, which accused prime-minister Kevin Rudd of receiving a backhander from a car dealer, the matters in question revolving around an old and battered ute (pick-up).  Based on fake evidence from Treasury official Godwin Grech, it led to the (first) downfall of Turnbull.  Abetz went on to bigger things but Turnbull neither forgot nor forgave, sacking Abetz during his second coming (which started well but ended badly).

The first Nutellagate arose at Columbia University early in 2013 with allegations of organized, large-scale theft by students of the Nutella provided in the dining halls. Apparently students, unable to resist the temptation of the newly available nutty spread, were (1) consuming vast quantities, (2) pilfering it using containers secreted in back-packs and (3) actually purloining entire jars from the tables.

In the spirit of the investigative journalism which ultimately brought down President Nixon, the Columbia Daily Spectator, breaking the story, reported that, based on a leak from their deep throat in the catering department, the crime was costing some US$5,000 per week, the hungry students said ravenously to be munching their way through around 100 pounds (37 or 45 KG (deep throat not specific whether the losses were weighed on the avoirdupois or troy scale)) of Nutella every seven days.  The newspaper noted the heist was on such a scale that, unless addressed, the cost to the university would be US$250,000 a year, enough to buy seven jars for every undergraduate student.

The national media picked up the story noting, apart from the criminality, there were concerns about the relationship between the wastage of food, excessively expensive student services, the exorbitant cost of tuition fees and a rampant consumer culture.  It seemed a minor moral panic might ensue until the student newspaper (now a blog) deconstructed the Spectator’s numbers and worked out the caterers must be paying 70% more for Nutella than that quoted by local wholesalers, casting some doubt on the matter.  The university authorities responded within days, issuing a press release headed “Nutellagate Exposed: It's a Smear!"  Their audit revealed that the accounting system had booked US$2,500 against Nutella purchases in the first week of term but that was the usual practice when stocking inventory and that consumption was around the budgeted US$450 in subsequent weeks.  Deep throat lost face and was discredited.

Nutellagate II broke in 2017 when a consumer protection organization released a report noting the recipe had, without warning, been changed, the spread now having more sugar and milk powder but less cocoa and, as a result, was now of a lighter hue.  Ferrero’s crisis-management operative responded on twitter, tweeting “our recipe underwent a fine-tuning and continues to deliver the Nutella fans know and love with high quality ingredients,”… adding “…sugar, like other ingredients, can be enjoyed in moderation as part of a balanced diet.”

#Nutellagate soon trended and users expressed displeasure, many invoking the memory of New Coke or the IBM PS/2, two other products which appeared also to try to fix something not broken.  The twitterstorm soon subsided, the speculation being that, because it contained more sugar, consumers would become more addicted and soon forget the fuss.  So it proved, sales remaining strong.  Nutella though remains controversial because of the sugar content and the use of palm oil, a product harvested from vast monocultural plantations and associated with social and environmental damage.  Ferrero has now and again suggested they may be ceasing production but the user base has proved resistant although, recent movements in the hazelnut price may test the elasticity of demand.

Open-Gate Ferraris

The much admired but now almost extinct open-gate shifters were originally purely functional.  At a time when more primitive transmissions and shifter assemblies were built with linkages and cables which operated with much less precision than would come later, the open-gates served as a guidance mechanism, making the throws more uniform and ensuring the correct movement of the controlling lever.  Improvements in design actually made open-gates redundant decades ago but they'd become so associated with cars such as Ferraris and Lamborghinis that they'd become part of the expectations of many buyers and it wasn't hard to persuade the engineers to persist, even though the things had descended to be matters purely of style.  A gimmick they may have become but, cut from stainless steel and often secured with exposed screw-heads, they were among the coolest of nostalgia pieces.  

Reality eventually bit when modern, fast electronics meant automatic transmissions both shifted faster and were programmed always to change ratios at the optimal point and no driver however skilled could match that combination.  Once essential to quick, clear shifts, by the late 1990s, the open-gate had actually become a hindrance to the process and while there were a few who still relished the clicky, tactile experience, such folk were slowly dying off and with sales in rapid decline, manufacturers became increasingly unwilling to indulge them with what had become a low-volume, unprofitable option.  

Not all the Ferraris with manual gearboxes used the open-gate fitting, some of the grand-touring cars using concealing leather boots but both are now relics, the factory recently retiring the manual gearbox because of a lack of demand.  The 599 GTB Fiorano was made between 2006-2012 and included the option but of the 3200-odd made, only 30 buyers specified the manual.  That run of 30 was however mass-production compared with the California (2009-2014) which was both the first Ferrari equipped with a dual-clutch transmission and the last to offer a manual, ending the tradition of open gate-shifters which stretched back 65 years.  Testing the market, a six-speed manual option had been added to the hard-top convertible in 2010 and the market spoke, the factory dropping it from the order sheet in 2012 after selling just two cars in three years.  The rarity has however created collectables; on the rare occasions an open gate 599 or California is offered at auction, they attract quite a premium.

1965 250 LM

1967 330 GTC

1968 275 GTS/4 NART Spyder

1969 365 GTC

1972 365 GTB/4

1988 Testarossa

1991 Mondial-T Cabriolet

1994 348 Spider

2011 599 GTB Fiorano

2012 California


Monday, March 13, 2023

Erase

Erase (pronounced ih-reys)

(1) To rub or scrape out, as letters or characters written, engraved etc; efface.

(2) Completely to eliminate.

(3) To remove material recorded on magnetic tape or magnetic disk; synonymous for most purposes in this context with delete although technically, in computing, an erasure is the substitution of data with characters representing a null value whereas a deletion is the removal of an pointer entry in an index.

1595–1605: From the Middle English arasen & aracen (to eradicate, remove), from the Latin ērāsus, past participle of ērādere (scrape out, scrape off, shave, abolish, remove, to abrade), the construct being ex (out of) + radere (to scratch, scrape).  The use in the context of data on magnetic storage media (tapes, disks) dates from 1945, the technical distinction between erase and delete defined in computer science theory as early as 1947 though, to this day, the distinction escapes most users.  The adjective erasable dates from 1829.  Eraser (thing that erases writing) is attested from 1790, an invention of American English, agent noun from erase.  Originally, the product was a knife with which to scraping off ink, the first rubber devices for removing pencil marks not available until from 1858.

Erasure, Comrade Stalin and Lindsay Lohan

Evil dictators (like those running beach clubs or Greek islands) have their problems too and they like them to go away.  Where problems exist, they like them to be erased or is some other way to disappear.  Sometimes, the technical term is “unpersoned”.

The Erased

Not best pleased at images of the pleasingly pneumatic Karolina Palazi appearing on the official Lohan Beach Club Mykonos Beach Club Instagram account, Lindsay Lohan quickly responded with a post demanding her staff Erase this random person at my beach.  In the digital age, it can be difficult entirely to erase anything which appears on the internet and probably impossible for anything distributed on the big-data social media platforms.  That said, there is unpredictability to the fate of anything ever on-line.  There is (1) material which genuinely vanishes forever, (2) stuff which proves impossible to eradicate despite best efforts, and (3) things which were thought lost, only to re-appear.  Noted for some time, the issue will be of increasing interest in the future, the internet being a distributed system with no centralised repository indicating what is held where, by whom and whether it is accessible (by someone) on or off-line or in storage.

The Disappeared

General Augusto Pinochet (1915–2006; military dictator of Chile 1973-1990).

This is the relatively new name for the centuries-old practice of secretly kidnapping or arresting people, then imprisoning or killing them, all without due process of law.  It’s most associated with the late twentieth-century military dictatorships in Chile, Argentina and Brazil but is used to describe the practice in many South and Central American republics and of late, others, sometimes at scale.  Although the practice probably pre-dates even modern humans, the word, in this context appears first to have been used by Joseph Heller (1923–1999) in the satirical Catch-22 (1961) when describing how the US military dealt with malcontents.  However it’s done, the person disappears without trace.

The Unpersoned

Unpersoning wasn’t invented in the Soviet Union but it was under comrade Stalin (1878-1953; Soviet leader 1924-1953) it was undertaken at scale, although, like later attempts on the internet, the process wasn’t always perfect because it was performed on extant physical material, some of which inevitably escaped attention.  The process interested critics in the West; in George Orwell's (1903–1950), dystopian novel Nineteen Eighty-Four (1949), protagonist Winston Smith works at the Ministry of Truth where his job is to alter historical records to conform to the state's ever-changing version of history.  Done in the USSR mostly between 1928-1953, unpersoning was the physical modification of existing text and imagery, modified to erase from history those who had fallen from favor and it’s thought the most extensively unpersoned figure in the USSR was comrade Leon Trotsky (1879-1940).  Comrade Stalin had him murdered in Mexico, the assassin's choice of weapon an ice axe.

Erased from history: Before & after being unpersoned, Comrades Molotov (1890-1986) & Stalin with Comrade Nikolai Yezhov (1895-1940), head of the NKVD (one of the predecessors of the KGB); Comrade Stalin had him shot.

In the Soviet Union, the process was essentially as Orwell described and even in the age of digital editing it's probably often still done in a similar manner.  A photograph would be passed to the party's technicians with the comrade(s) to be unpersoned marked in some obvious way, the preferred technique apparently a black crayon.

Succeeding where others failed: Erasing crooked Hillary Clinton

The White House situation room, 2 May 2011 (official WH photo; left) and as depicted in Di Tzeitung (right).

Unpersoning can also be sex-specific (gender-based the currently preferred term).  In May 2011, the Orthodox Jewish news paper Di Tzeitung (a Brooklyn-based weekly) was forced to apologize after unpersoning the women in the photograph released by the White House showing President Barack Obama (b 1961; US president 2009-2017) and his staff monitoring the raid by US Navy Seals in which Osama bin Laden (1957-2011) was killed while in his Pakistani compound.  Unpersoned were then counterterrorism director, Audrey Tomason (b circa 1977) and then secretary of state, crooked Hillary Clinton (b 1947; US secretary of state 2009-2013).  Di Tzeitung's subsequent apologia was somewhat nuanced.  The publication reiterated it did not publish images of women and thus sent its “regrets and apologies” to the White House and the State Department, not because it had unpersoned women but because their photo editor had not read the “fine print” in the text issued by the White House (which accompanied the photograph) which forbid any changes.  Di Tzeitung further explained it has a “long standing editorial policy” of not publishing images of women because its readers “believe that women should be appreciated for who they are and what they do, not for what they look like and the Jewish laws of modesty are an expression of respect for women, not the opposite”.  They added that Di Tzeitung regarded crooked Hillary Clinton (a former US senator (Democrat) for New York who secured overwhelming majorities in the Orthodox Jewish communities) highly and “appreciated her unique capabilities, talents and compassion for all”.  It concluded by acknowledging it “should not have published the altered picture”.  Commentators noted the practice is not unusual in some ultra-Orthodox Jewish publications which regard depictions of the female form as “immodest”.  Neither the White House nor the State Department responded to the apology although there were cynics who wondered if the president wished it were that easy to get rid of crooked Hillary.

The Watergate tapes and the erase18½ minutes

Looking over his shoulder: Richard Nixon and HR Halderman in the White House.

Tapes, audio and video, have played a part in many political downfalls but none is more famous than the “smoking gun” tape which compelled the resignation of Richard Nixon (1913-1994; US president 1969-1974) after it revealed he was involved in the attempt to cover-up the involvement in the Watergate break-in of some connected to his administration.  Recording conversations in the White House had been going on for years and Nixon initially had the equipment removed, the apparatus re-installed two years later after it was found there was no other way to ensure an accurate record of discussions was maintained.  Few outside a handful of the president’s inner circle knew of the tapes and they became public knowledge only in mid-1973 when, under oath before a congressional hearing, a White House official confirmed their existence.  That was the point at which Nixon should have destroyed the tapes and for the rest of his life he must sometimes have reflected that but for that mistake, his presidency might have survived because, although by then the Watergate scandal had been a destabilizing distraction, there was at that point no “smoking gun”, nothing which linked Nixon himself to any wrongdoing.  As it was, he didn’t and within days subpoenas were served on the White House demanding the tapes and that made them evidence; the moment for destruction had passed.  Nixon resisted the subpoenas, claiming executive privilege and thus ensued the tussle between the White House and Watergate affair prosecutors which would see the “Saturday Night Massacre” during which two attorneys-general were fired, the matter ultimately brought before the US Supreme Court which ruled against the president.  Finally, the subpoenaed tapes were surrendered on 5 August 1973, the “smoking gun” tape revealing Nixon and his chief of staff (HR Haldeman, 1926–1993; White House chief of staff 1969-1973) discussing a cover-up plan and at that point, political support in the congress began to evaporate and the president was advised that impeachment was certain and even Republican senators would vote to convict.  On 8 August, Nixon announced his resignation, leaving office the next day.

Uher 5000 reel-to-reel tape recorder used by a White House secretary to create the tape (20 June 1972) with the 18½ minute gap.  (Government Exhibit #60: Records of District Courts of the United States, Record Group 21. National Archives Identifier: 595593).

To this day, mystery surrounds one tape in particular, a recording of a discussion between Nixon and Halderman on 20 June 1972, three days after the Watergate break-in.  Of obviously great interest, when reviewed, there was found to be a gap of 18½ minutes, the explanations offered of how, why or by whom the erasure was effected ranging from the humorously accidental to the darkly conspiratorial but half a century on, it remains a mystery.  Taking advantage of new data-recovery technology, the US government did in subsequent decades make several attempts to “un-delete” the gap but without success and it may be, given the nature of magnetic tape, that there is literally nothing left to find.  However, the tape is stored in a secure, climate-controlled facility in case technical means emerge and while it’s unlikely the contents would reveal anything not already known or assumed, it would be of great interest to historians.  What would be even more interesting is the identity of who it was that erased the famous 18½ minutes but that will likely never be known; after fifty years, it’s thought that were there to be any death-bed confessions, they should by now have been heard.  Some have their lists of names of those who might have "pressed the erase button" and while mostly sub-sets of Watergate's "usual suspects", one who tends not to appear is Nixon himself, the usual consensus being he was technically too inept to operate a tape machine though it's not impossible he ordered someone to do the deed.  However it happened, the suspects most often mentioned as having had their "finger on the button" (which may have been a foot-pedal) are Nixon's secretary and his chief of staff.

Monday, March 18, 2024

Impeach

Impeach (pronounced im-peech)

(1) To accuse (a public official) before an appropriate tribunal of misconduct in office.

(2) In law, as “to impeach a witness”; to demonstrate in court that a testimony under oath contradicts another testimony from the same person, usually one taken during deposition.

(3) To bring an accusation against; to call in question; cast an imputation upon:

(4) In British criminal law, to accuse of a crime, especially of treason or some other offence against the state

(5) In the US and some other jurisdictions, to charge (a public official) with an offence committed in office.

(6) To hinder, impede, or prevent (archaic).

(7) To call to account (now rare).

1350–1400: From the Middle English empechen & enpeshen, from the Anglo-French empecher (to hinder) from the Old French empeechier from the Late Latin impedicāre (to fetter, trap, entangle or catch), the construct being im- + pedic(a) (a fetter (derivative of pēs (foot))) + -ā- (a thematic vowel) + -re (the Latin infinitive suffix) and cognate with French empêcher (to prevent); The most usual Latin forms were impedicō & impedicāre.  Impeach is a verb, impeachment & impeachability &  are nouns, impeaching & impeached are verbs and impeachable & impeachmentworthy are adjectives (although not all authorities acknowledge the latter as a standard form); the noun plural is impeachments.

An English import the Americans made their own 

Although most associated with the US where the constitution permits the House of Representatives to impeach government officials (most notably the president) and send them for trial in the Senate, the concept of impeachment is a borrowing from the procedures of the UK Parliament.  Always a rare mechanism, impeachment was first used in England in 1376 with the last UK case in 1806 and while technically extant, is probably obsolete although it’s not unknown for relics of the UK’s long legal past occasionally to be resuscitated.  What is more likely is that matters once dealt with by impeachment would now be brought before a court although most historians and constitutional lawyers seem to believe it remains part of UK constitutional law and abolition would demand legislation.  That was exactly what select committees recommended in 1967 and again ten years later but nothing was done and despite the New Labour government (1997-2010) imposing some quite radical structural changes on the legal system, the mechanism of impeachment remained untouched.  In September 2019, it was reported that opposition politicians in the House of Commons were considering impeachment proceedings against Boris Johnson (b 1964; UK prime-minister 2019-2022) "on charges of gross misconduct in relation to the unlawful prorogation of parliament", as well as his threat to break the law by failing to comply with the European Union (Withdrawal) (No. 2) Act 2019 (which required the prime-minister in certain circumstances to seek an extension to the Brexit withdrawal date of 31 October 2019).  Mr Johnson survived that one though it proved a temporary reprieve for his premiership.

Although the Sturm und Drang of Donald Trump’s (b 1946; US president 2017-2021) unprecedented two impeachments was entertaining for political junkies, as a spectacle the two trials were muted affairs because the verdicts were both predictable.  Under the US Constitution, the House of Representatives has the “sole Power of Impeachment” (essentially a form of indictment in other proceedings) while the Senate is vested with “the sole Power to try all Impeachments”.  An act of impeachment requires only a majority vote on the floor of a House but conviction in the Senate demand “the concurrence of two thirds of the members present”.  Given the numbers and the state of partisan which these days characterizes the two-party system, nobody in Washington DC believed there was even a vague prospect of Mr Trump being convicted.  Still, the dreary, confected, set-piece speeches on both sides were like slabs of raw meat thrown to the attack dogs watching Fox News and NBC so in that sense it was a kind of substitute for what the Founding Fathers might have hoped would have been the standard of debate in the Congress, 250-odd years on.  In an ominous sign, the Republicans have since made attempts to stage a retaliatory impeachment trial of Joe Biden (b 1942; US president since 2021) despite knowing there is no prospect of a conviction.  Political scientists have expressed concern this may be a harbinger of something like the situation is some countries (such as Pakistan & Bangladesh (the old West & East Pakistan)) where it is almost a form of ritualized revenge to pursue one's predecessor through the courts, jailing them if possible.  The hope is that such a culture might be peculiar to the Trump era and something less confrontation might emerge when he leaves the stage although, what he has threatened in a second term does sound like he has vengeance on his mind.

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011. 

The best impeachment in the US was the one which never was, the one Richard Nixon (1913-1994; US president 1969-1974) avoided by resigning the presidency on 9 August 1974.  That an impeachment became inevitable was Nixon’s own fault.  The evidence of those acts of Nixon which met the standard of “Treason, Bribery, or other high Crimes and Misdemeanors.” existed only on the tapes which came to the knowledge of those investigating the White House’s involvement in the Watergate affair only through a chance remark by an aide; prior to that the existence of the president’s recording mechanism had been restricted to a small circle around Nixon.  There was a wealth of other material which hinted or suggested there may have been unlawful acts by Nixon but what was lacking was what came to be called the “smoking gun”, the undeniable proof.  That proof was on the tapes and as soon as knowledge of them became public, Nixon should have destroyed them and the ways and means existed close to home.  Even in oppressively hot Washington summers, Nixon would have the air-conditioning turned high to provide a wintery ambiance and have a log fire burning in the fireplace, close to which he would sit while writing his noted on yellow legal pads; it was a lifelong habit.

Washington Post 7 August 1974.

The tapes should have been tossed into that fire and that would have solved the problem, a smoking tape no smoking gun.  It would of course have created other problems but they were political and could be handled in a way legal difficulties could not.  However, as soon as the tapes were subpoenaed they became evidence and their destruction would have been an obstruction of justice or worse.  Nixon had a narrow window of opportunity and didn’t take it, apparently convinced the doctrine of executive privilege would operate to ensure he wasn’t required to surrender the tapes to the investigators although in some of his subsequent writings he also maintained he genuinely believed they contained nothing which could cause him problems.  Given he genuinely would have had no knowledge of what exactly was on the tapes, that is at least plausible but all the material since published suggests his opinion of the protection executive privilege affords a president was the critical factor.  As it was the US Supreme Court (SCOTUS) limited the application of the doctrine and compelled Nixon to hand over the tapes.

New York Times, 9 August 1974.

With the release of the “smoking gun tape” which contained recordings proving Nixon was implicated in the cover-up of the involvement in the Watergate break-in by staff connected to the White House, his support in the Congress collapsed and those Republican representatives who previously had refused to vote for impeachment switched sides and the same day, after sounding out the numbers in the Senate, a delegation of senior Republican senators told the president he would be convicted and by a decisive margin.  What was revealed on the tapes was enough to seal his fate but the verdict of history might have been worse still because To this day, mystery surrounds one tape in particular, a recording of a discussion between Nixon and HR Haldeman (1926–1993; White House chief of staff 1969-1973) on 20 June 1972, three days after the Watergate break-in.  Of obviously great interest, when reviewed, there was found to be a gap of 18½ minutes, the explanations offered of how, why or by whom the erasure was effected ranging from the humorously accidental to the darkly conspiratorial but half a century on, it remains a mystery.  Taking advantage of new data-recovery technology, the US government did in subsequent decades make several attempts to “un-delete” the gap but without success and it may be, given the nature of magnetic tape, that there is literally nothing left to find.  However, the tape is stored in a secure, climate-controlled facility in case technical means emerge and while it’s unlikely the contents would reveal anything not already known or assumed, it would be of great interest to historians.  What would be even more interesting is the identity of who it was that erased the famous 18½ minutes but that will likely never be known; after fifty years, it’s thought that were there to be any death-bed confessions, they should by now have been heard.  Some have their lists of names of those who might have "pressed the erase button" and while mostly sub-sets of Watergate's "usual suspects", one who tends not to appear is Nixon himself, the usual consensus being he was technically too inept to operate a tape machine though it's not impossible he ordered someone to do the deed.  However it happened, the suspects most often mentioned as having had their "finger on the button" (which may have been a foot-pedal) are Nixon's secretary and his chief of staff. 

On 8 August 1974, Nixon resigned his office, effective the next day, saying in conclusion during his nationally televised speech:

To leave office before my term is completed is abhorrent to every instinct in my body. But as President, I must put the interest of America first. America needs a full-time President and a full-time Congress, particularly at this time with problems we face at home and abroad. To continue to fight through the months ahead for my personal vindication would almost totally absorb the time and attention of both the President and the Congress in a period when our entire focus should be on the great issues of peace abroad and prosperity without inflation at home. Therefore, I shall resign the Presidency effective at noon tomorrow. Vice President Ford will be sworn in as President at that hour in this office.

Herblock's (Herbert Block; 1909–2001) Watergate affair-era take on Richard Nixon's then novel position on the presidency and the US Constitution, Washington Post, 13 March 1974.  The cartoon has been noted by some in the light of Donald Trump's comments about the extent of presidential immunity.