The First Impeachment

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It was 150 years ago today that an American president was impeached for the first time.

It has been fashionable in recent years for those who lose presidential elections to start calling for the impeachment of the winner — even before the winner has taken office — but impeachment had never been attempted before this day in 1868. Only two American presidents have faced the genuine prospect of impeachment since that time, and only one (Bill Clinton) faced a trial in the U.S. Senate. The House Judiciary Committee approved articles of impeachment against Nixon in the summer of 1974, but Nixon resigned before the full House could vote on them.

Four years earlier, Johnson (a Democrat) had been selected as the running mate for Republican President Abraham Lincoln in his bid for a second term. Not only was it unprecedented for a major–party nominee to pick someone from the other party to be his running mate (they actually ran under the National Union banner), but Lincoln's choice was the military governor of Tennessee, a state that had seceded and was still not a part of the Union (it was occupied by the Union army). Tennessee did not participate in the election of 1864.

Johnson was an inspired choice for a president whose mission was to preserve the nation. While a supporter of slavery, Johnson was an unapologetic Unionist who had been the only Southern senator to oppose his state's decision to secede.

I don't think vice presidents deliver inaugural addresses anymore, but they did in Andrew Johnson's day. At least, Johnson tried to deliver such a speech, but he wasn't feeling well so he drank some whiskey, believing that would help. Instead, he got gassed and gave a rambling speech. Thus, the inauguration of 1865, which is remembered in history for Lincoln's magnanimous call for "malice toward none" and "charity for all" in the North's treatment of the vanquished South following the Civil War, was an awkward introduction for Johnson to his fellow Americans.

That was particularly unfortunate since Johnson became the nation's leader a month and a half later.

Six weeks after the inauguration in 1865, Lincoln was assassinated, and Johnson became the 17th president. Things didn't go well for him, and by this day in 1868, 11 articles of impeachment, largely related to Johnson's efforts to dismiss the secretary of war, were adopted by the House. The case was sent to the Senate for trial — where Johnson was ultimately acquitted by a single vote.

Johnson failed to win the Democratic presidential nomination in 1868 and left office in 1869.

He returned to the U.S. Senate in 1875 and died shortly therafter.

The Death of a Patriot

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"The thing that's so appalling to me is that the president, when this whole idea was suggested to him, didn't, in righteous indignation, rise up and say, 'Get out of here. You're in the office of the president of the United States. How can you talk about blackmail and bribery and keeping witnesses silent? This is the presidency of the United States.' But my president didn't do that. He sat there and he worked and worked to try to cover this thing up so it wouldn't come to light."

Lawrence Hogan Sr. (1928–2017)

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One of my most vivid memories of the Watergate era is of Maryland Republican Lawrence Hogan, who died earlier this month at the age of 88 following a stroke.

Hogan was a member of the U.S. House of Representatives from 1969 to 1975. He left the House to run for governor of Maryland in 1974 — and lost his bid for the Republican nomination.

Maryland is known as a blue state today, but it had two Republican senators and four Republican members of the House (half of its delegation) at the time — and a recent Republican governor, Spiro Agnew, was elected vice president in 1968 but had resigned less than a year before the House Judiciary Committee considered Articles of Impeachment against Richard Nixon.

There was considerable backlash against Republicans in the 1974 elections, and Hogan may well have been a victim of that — but Hogan, while regarded as a strong challenger to incumbent Democrat Gov. Marvin Mandel, may have been hurt in the primary by the stand he took against Nixon's behavior in office.

Hogan, as I say, lost the party nomination, not the general election. He may well have been a more effective candidate in the general election — Maryland was part of the 49–state landslide that re–elected Nixon in 1972, but it had never supported Nixon for president before that time, and there may well have been Democrats who would have supported him against Mandel.

But the members of his party apparently believed, in spite of all that had happened since the Judiciary Committee's hearings, that Hogan had abandoned the president.

His son, who carries Hogan's name, now occupies that office.

Hogan's political career was essentially over by then — although he did serve as county executive for Prince George's County for four years in the late 1970s and early 1980s.

But he left an impression on me in 1974. Although I now consider myself an independent, I definitely would have called myself a Democrat in 1974. I was raised by Democrats, and I shared their distaste for Nixon.

Then as now America was a polarized nation — just not quite as extreme as it is today. There were many Democrats who were eager to see Richard Nixon impeached, and there probably were just as many Republicans who tried to defend everything he said or did, even when defending Nixon made no sense. It does seem to me that there was more willingness on the part of some elected officials to seek compromise — on both the issues of the day and the question of Nixon's fitness for office.

On the latter, Hogan served on the Judiciary Committee, whose televised hearings were as widely watched as the Senate's Watergate Committee hearings, which laid the groundwork for the impeachment proceedings, had been the previous summer.

There were other members of that committee who gained more national notoriety, mostly Democrats — Peter Rodino, Barbara Jordan, Father Drinan, John Conyers — but I will never forget watching Hogan's anguished lament over the gaping difference between his belief in what should have been and his recognition of what was.

My memory is that Hogan was criticized by many in his party for being what would now be called a RINO — Republican in Name Only.

He didn't believe his obligation was to his party. He believed his obligation was to his country. He preferred principle to pandering — and most likely knew when he gave his eloquent speech denouncing Nixon that his political career was over.

He was vindicated when the Supreme Court ordered Nixon to release the infamous White House tapes — and the "smoking gun" that proved Nixon's involvement was discovered. Many House Republicans who had opposed the Articles of Impeachment then said they were prepared to vote to impeach the president — and he resigned.

But Maryland's Republicans were still furious with Hogan.

We need more Lawrence Hogans today.

Taking a Step Closer to Impeachment

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For a student of history and politics, even one as young as I was then, the Watergate period was a fascinating time in America.

In hindsight, it seems so different than it did when it happened. It turned out to be a textbook example of how the system should work — a confirmation, really, of the wisdom of the Founding Fathers.

But at the time, no one really knew how it would play out. Right up until Richard Nixon decided to resign — a conclusion that, I believe, became inevitable when he lost U.S. v. Nixon — no one really knew what he was going to do. I don't think even he knew what he would do. Certainly, if his original plan had gone as he expected, the whole matter would have been a distant memory by this time in 1974. But my sense was that, after the existence of the White House taping system was revealed to the public, he was winging it.

Maybe that was appropriate. Nixon was such a loner, anyway. He never really seemed to take anyone into his confidence, and I have always believed that he came to the conclusion that he had to resign on his own, using whatever logic and reasoning had guided his steps as an adult.

Meanwhile, Republicans in Congress were put in an uncomfortable position — having to defend a president who was liked by few and increasingly appeared to be guilty. The anguish of Republicans was evident in the words of Rep. Lawrence Hogan of Maryland, the only Republican on the committee to support all three of the articles of impeachment that were approved.

"The thing that's so appalling to me," Hogan told his colleagues, "is that the president, when this whole idea was suggested to him, didn't, in righteous indignation, rise up and say, 'Get out of here, you're in the office of the president of the United States. How can you talk about blackmail and bribery and keeping witnesses silent? This is the presidency of the United States.' But my president didn't do that. He sat there, and he worked and worked to try to cover this thing up so it wouldn't come to light."

Hogan may have felt freer to vote his conscience than his other Republican colleagues. Although his district had given Nixon 57% of its vote when he sought re–election in 1972, it was and is a heavily Democratic district (Steny Hoyer has represented the district for more than 30 years and was the majority leader under Nancy Pelosi), and it seemed likely to vote Hogan out in what was shaping up to be a Democratic year.

Anyway, Hogan was leaving the House to run for governor; he was unsuccessful.

In the summer of 1974, he was the only Republican to vote for all three articles of impeachment that were adopted by the Judiciary Committee.

Forty years ago today, as the nation watched, the House Judiciary Committee approved an article of impeachment against the president of the United States. It would approve three articles altogether. On Saturday, July 27, 1974, the Judiciary Committee voted, 27–11, in favor of the first article of impeachment, charging Nixon with obstruction of justice for his role in the Watergate coverup.

"It was almost 7 in the evening when [chairman Peter] Rodino called for the vote on Article One," wrote Bob Woodward and Carl Bernstein. "As the camera moved from one member to the next, down the order from senior to junior, each face was an emotionless mask."

On Monday, July 29, 1974, the members of the committee voted, 28–10, for an article of impeachment charging Nixon with abuse of power for his misuse of the Internal Revenue Service, the Federal Bureau of Investigation, the Central Intelligence Agency, the Secret Service and the Department of Justice.

On Tuesday, July 30, 1974, the members of the committee voted, 21–17, for a third article of impeachment charging Nixon with contempt of Congress.