The 1973 Office of Legal Counsel opinion was issued in the midst of the Watergate scandal at a time when President Nixon and his confederates were under investigation for obstruction of justice and other crimes, and Vice President Spiro Agnew was about to be indicted for bribery. Brown critiques the OLC opinion and the directly contradictory position taken by the Watergate Special Prosecutor before the Supreme Court in the Nixon tapes case, where the Court rejected Nixon’s claim of immunity from criminal judicial process. Further, in spite of the OLC opinion issued only six months previously, the Watergate prosecutors gave serious consideration to bringing criminal charges against Nixon, but ultimately named him as an unindicted co-conspirator.

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The Nixon Era and the 1973 Office of Legal Counsel Memorandum

  • H. Lowell Brown

摘要

The 1973 Office of Legal Counsel opinion was issued in the midst of the Watergate scandal at a time when President Nixon and his confederates were under investigation for obstruction of justice and other crimes, and Vice President Spiro Agnew was about to be indicted for bribery. Brown critiques the OLC opinion and the directly contradictory position taken by the Watergate Special Prosecutor before the Supreme Court in the Nixon tapes case, where the Court rejected Nixon’s claim of immunity from criminal judicial process. Further, in spite of the OLC opinion issued only six months previously, the Watergate prosecutors gave serious consideration to bringing criminal charges against Nixon, but ultimately named him as an unindicted co-conspirator.