Presidents Are Acting Not Illegally More And More

When Richard Nixon told David Frost in April 1977, "When the president does it, that means it is not illegal," he was talking not about political burglaries and campaign dirty tricks (though his operatives did all that, too) but a leader's sovereign powers during wartime. That Ron Howard and his screenwriter, Peter Morgan, suggested otherwise in "Frost/Nixon" was one of the few disappointments in an otherwise fine movie. Continuing his argument, Nixon said:

[I]t has been...argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.

Tom Campbell, Chapman University's law school dean, battled President Clinton over Kosovo when he was serving in Congress. He argues that when presidents grasp for broader foreign policy and war-making prerogatives, judges and Congress wax timid, and especially so since Sept. 11. On the 40th anniversary of the Watergate break-in, John Dean, who turned on Nixon during the the Watergate investigations of 1973-74, says recent presidents have widened the realm of "not illegal" far more than 37. The Los Angeles Times reports:

Executive orders issued by President George W. Bush in the aftermath of Sept. 11 claimed power for the Oval Office to ignore U.S. laws and international treaties.

President Obama has retained some of those extraordinary wartime powers, and his use of drones to attack terrorist suspects has drawn accusations of international law violations.

"I don't think Richard Nixon, in his darkest hour, would have authorized torture," said Dean...

See No Evil

Steve Donoghue demolishes Don Fulsom's hack job Nixon's Darkest Secrets and then turns on Nixon:

[T]he greatest disappointment of Nixon's Darkest Secrets is how minor those secrets come across as being when measured against the full evil of the man. When Nixon went before the nation on Aug. 8, 1974, and announced his resignation -- only a few days after a White House tape recording surfaced proving beyond question that he'd known everything about the Watergate break-in -- something unspoken and completely vital to the nation cracked along its entire axis. And three years later (during a 1977 interview with David Frost), when Nixon said, "When the president does it, that means it's not illegal," that crack shattered open and has never been closed since. It was an inky stain on the nation, and it spread forward in time even to the present, with the United States launching two wars, one of them illegal, mainly at the urging of two former Nixon acolytes, Dick Cheney and Donald Rumsfeld, the vice-president and defense secretary under president George W. Bush. The real Nixon was far darker than the bumbling cartoon villain Fulsom paints here -- perhaps the sharpest irony of them all.

When Nixon released the transcript of the June 23, 1972 "smoking gun" conversation, we learned that he'd briefly acquiesced in a Watergate cover-up, not that he'd "known everything" about the break-in. Still, it's actually reassuring to see the emergence of a critique of Nixon and Watergate based on his national security rather than alleged criminal predispositions. Donoghue traces a direct line between Nixon's "not illegal" formulation and Bush's Iraq war (presumably the one he thinks was illegal). Ironically, most people think the theory had to do with the Watergate break-in or coverup, but Nixon was actually offering a justification of surveillance of domestic militants during the Vietnam war. In 2008, when the misunderstanding was perpetuated in Ron Howard's film "Frost/Nixon," I wondered if Howard and scriptwriter Peter Morgan had blurred the record because post-Sept. 11 audiences would've been inclined to agree with Nixon that presidents have extra-constitutional authority to protect the the U.S. from violent extremists. Some may well think, as Donoghue does, that such impulses make a leader evil. I'll bet most probably don't.
Hat tip to Dona Christensen

"Hereafter" Gave Me The Dickens

In Clint Eastwood's masterpiece "Hereafter," Matt Damon plays a reluctant psychic named George Lonegan who has just one dishonest moment which may actually amount to the same kind of leap of faith theologians have been taking for centuries. A little boy named Marcus (played by both Frankie and George McLaren) has pestered Lonegan into giving him a reading about his late brother, Jason (ditto). When earnest but fairly routine brother-to-brother advice from the great beyond doesn't satisfy Marcus ("You're on your own now, he says"), a calculated look crosses the psychic's face. "He's come back," he suddenly says. The next round of ghostly advice is far more reassuring. "If you're worried about being on your own, don't be. You're not," Lonegan tells Marcus (the bit from the trailer). "You're in him, and he's in you. You're one."

It was pretty clear, at least to me, that Lonegan made the second speech up to make the kid feel better. Or maybe it was inspired revelation. Either way, he was creating doctrine -- sort of like the gospel plus St. Paul plus church tradition. Eastwood and his scriptwriter, Peter Morgan (with whom I briefly discussed matters of faith when he visited the Nixon library several years ago), portray just two supernatural things as true: Lonegan's authentic insights about people in the afterlife and the near-death experience of French TV journalist Marie LeLay (Cecile de France). Such nonsectarian universalism, though insufficient for and even offensive to doctrinaire Christians, was far too churchy for LeLay's producer boyfriend and others in her rigidly secular milieu in Paris, especially after she insists on talking and writing about the visions (welcoming white light and so on) that she experienced when she nearly drowned during the 2004 Indonesian tsunami.

When she and the boyfriend are reunited after the disaster and embrace, you can't imagine them ever letting go. But he does soon enough, after LeLay keeps asking what he thinks heaven's like and he decides to sleep with her on-air replacement. The world's brokenness all too often rips asunder those who love one another, like little Marcus and his drug-addicted mother, and even kills love aborning, as with Lonegan and Melanie (Bryce Dallas Howard), who meet in a cooking class in San Francisco. These scenes are the most charming in the movie. In an inspired bit of casting, the teacher is portrayed by Steve Shirripa of "The Sopranos," who plays Nessun dorma and Che gilda manina in class while George and Melanie cautiously flirt and feed one another spoonfuls of Italian delicacies.

But when Melanie learns George is a psychic and insists on a reading, he learns things she can't bear for a near-stranger to know, and their relationship ends. It's happened to him before, and it's the main reason he wants out of the business. Finally, he flees to London, where he meets Marcus (and his brother). Journalist LeLay's there, too, enabling the threads of the story to come together in a way that seems as easy and natural as every moment, line, and note (Eastwood wrote the score, with a little help from Rachmaninoff) in this enchanting, beautifully made movie. He surely has now earned the status of one of our greatest directors.

The freaky thing for me today was the reason George goes to London. He's a Dickens fan who falls asleep listening to passages from David Copperfield, and the first thing he does when he hits town is visit Dickens' house at 48 Doughty St. Kathy and I have been there. But not knowing we'd be seeing a movie tonight about God and Dickens, this afternoon I wrote a post about Dickens and God.

Ought To Have Done Vs. Ought Not To Have Done

Though he praises Frank Langella's subtle, powerful portrayal, Carl Bernstein doesn't like "Frost/Nixon" because it makes Richard Nixon look too good.

That, at least, was journalist and Nixon biographer Elizabeth Drew's assessment, which Bernstein embraced during a restaurant chat with buddies. Drew actually called director Ron Howard "dishonorable." Specifically, Bernstein wishes filmmakers had included RN's denial of an illegal coverup of the Watergate burglary.

If that's a sin (and we may discuss it if you wish), then it's a sin of omission. Neither Bernstein nor anyone else (besides The New Nixon's Robert Nedelkoff and us other true believers) acts offended about another transgression, namely the film's contention that RN's famous "it's not illegal" comment was made about Watergate rather than a controversial plan for cracking down on dissenters during wartime. The demerits of the never-implemented Huston Plan notwithstanding, Howard and playwright-screenwriter Peter Morgan may have worried that, in the age of terrorism, some moviegoers would nod their heads at a President saying that extra steps to combat violent groups such as the Weather Underground were justified.

So what's worse, Carl: Leaving something out, or rearranging the narrative to avoid burdening the audience with ambiguity?

Hey, Kathy: When Did Ron Meet Richard?

Peter Morgan (left), Ron Howard, and Kathy O'Connor

Apparently, you don't have watch "The View." Someone prepares a State Department-like memcon. From today's show:

Ron Howard appeared on the show. He received an Oscar nomination for best director for Frost/Nixon. He said that it is a real thrill and it never gets old. Ron said that it is a surprising and unusual story based on the behind-the-scenes drama of the interview. Barbara loved the play and the movie. She mentioned again that she did an interview with Nixon three years later that was unpaid and asked Ron if he was going to do her film. He said that he will see how this film does first.

Ron met Nixon once briefly and doesn’t think he would have seen the movie, noting that Tony Blair never saw The Queen. He said that Frank Langella did a wonderful job capturing Richard Nixon and has gotten a lot of positive feedback. He saw both actors in the play and wanted to make a movie version with them in it, but knew it would be a tough sell with the movie studio. Ron was sent audition tapes by Academy Award winning actors who wanted to be considered.

I'll have to ask my wife and Nixon colleague Kathy O'Connor when and where the P. and Howard met. When I was the former President's aide in the 1980s in New York, I got a call from Brian Grazer, Howard's production partner, who said that the director was interested in Nixon and wanted to do something that was more friendly than we might expect from Hollywood. Nothing came of it at the time, although by my lights "Frost/Nixon" fills the bill admirably.

At least I was able to fulfill my journalist mother's wish that the suggestion somehow be lodged at Hollywood's loftiest level that Tom Hanks one day be cast as Richard Nixon. I pitched it to Howard himself in the Nixon Foundation men's room when he and "Frost/Nixon" playwright Peter Morgan visited the Library in December 2006 as they were preparing to do the movie. The idea lived for at least 15 minutes, since a colleague overheard Howard ask Morgan in the elevator, "So what do you think about Tom for Nixon?" But Frank Langella (now nominated for best actor) already owned the part.

Imagine: Frost Complaining More Than We

Sir David Frost is steamed about the 10-15% of Ron Howard and Peter Morgan's "Frost/Nixon" that he says is pure fiction. Does he mean the drunken phone call from President Nixon that never happened? RN saying that Watergate was "not illegal" as opposed to aggressive measures to combat domestic extremists during wartime? His appearance before the "Orthodontists Society of Houston?"

Those weren't the fictional parts of the movie that piqued Frost. They were the parts about Frost:

I voluntarily gave up my rights to editorial control of it. I'm not complaining but it does mean that 10 to 15 per cent of the film is fiction. I wasn't just a talk show host before (Richard Nixon). I'd done British prime ministers - Harold Wilson, Ted Heath - all the U.S. presidential candidates, Robert Kennedy, Ronald Reagan. I think Peter (Morgan) did it this way to make me out to be the underdog - more a showman than a journalist.

For Nixon insider Frank Gannon's review of the movie, which received the coveted full five Checkers rating at The New Nixon, go here. Mine's at the second link above.

Was RN "Forced Out?" Ask Mark Felt

An intriguing UPI interview with director Ron Howard. Reading Peter Morgan's play "Frost/Nixon" and then seeing it on stage, he began to ask himself some good scholar's questions about RN:

"I was rediscovering (the interviews by) watching the play, sort of realizing how brilliant a man Nixon really is," the filmmaker said. "Realizing he had a lot of tough decisions to make. ... (Going through in my mind:) 'Did he step down because it was the politically expedient thing to do? Was he forced out by political enemies -- the media. What really went on?'"

Cheney Ends Up As The New Nixon, Anyway

The VP was evidently so grateful to Chris Wallace of Fox News for defending the Bush Administration against comparisons to Richard Nixon that he agreed to give Wallace an “exit interview” — ironic, since Mr. Cheney’s interview with Wallace has itself drawn a comparison by Matt Corley to RN’s famous assertion to David Frost about the President’s latitude during a national security crisis.

As TNN’s Robert Nedelkoff has noted, when Frank Langella, portraying RN, says that when the President does something, “it’s not illegal,” the script makes it appear as though he’s talking about the Watergate break-in and cover-up. In real life, Frost and the former President had been talking about the Huston Plan for wartime intelligence-gathering about domestic radicals. The plan was approved and later rescinded by the President.

It’s hard to defend illegal activity by the government under any circumstances. But it would be interesting to know how much latitude the American people would give it in the event of an imminent threat. At his appearance at the Nixon Library on Friday, Bill O’Reilly said that arguments against extreme measures would lose much if not all of their salience if the U.S. is hit again as on Sept. 11.

That doesn’t justify such actions, either. But journalists should not assume that Americans are of one mind on the subject. That’s why, at the start of the new administration, debate and dialogue would be better than the legal scapegoating of Bush Administration officials which is so intensely craved by the President’s and VP’s political opponents.

As for “Frost/Nixon” director Ron Howard and playwright-scriptwriter Peter Morgan, it would be interesting to know why they chose to misconstrue RN’s quote. Without knowing their motives, its likely that most theatergoers are more appalled by the “not illegal” formulation when it’s applied to political shenanigans as opposed to wartime national security policies.

Peter Morgan's Not-So-Youthful Perspective

In a "Newsweek" column, "Frost/Nixon" playwright and screenwriter Peter Morgan, who won an Oscar for "The Queen," imagines being at next week's Washington premiere of Ron Howard's movie and being asked by the city's older denizens what business a whippersnapper such as he had writing about Richard Nixon, whose peccadilloes they know far better.

Dramatists love straw characters. Obviously, Washington's media and political elites won't act like that. Would anyone with a brain tell an historian, "You weren't at the Battle of the Wilderness, so keep your opinions to yourself"? They'll probably jostle one another for photos with Morgan and autographs for their "Queen" DVDs.

Morgan uses the device to explain the advantages for the moviegoer of his gift of a more objective, less emotionally involved perspective:

As a European from a different, younger generation, I wasn't really gripped by the trauma that was Nixon's presidency.... The horrors and betrayals that Nixon visited upon his electorate left me comparatively unscathed, though I have clear memories of my late father's anger and sense of disappointment as the Watergate scandal began to unfold. (He died in December 1972, close to two years before Nixon resigned from office.)

Nor did I set out to write "Frost/Nixon" as a metaphor for the failed imperial presidency and abuses of power of George W. Bush...

Not to minimize the traumas, horrors, and betrayals, but Watergate was a political scandal, not the Siege of Leningrad. I still meet people who loved every minute of it, never missing the Senate hearings and even throwing Watergate parties. So it's not as though if Morgan were 20 years older and had actually experienced the Ordeal, it would be completely beyond his considerable powers to imagine a Nixon character who was halfway human.

Though not gripped by trauma, Morgan is obviously gripped by a fashionably left-wing perspective on U.S. and British politics. Nothing wrong with that, but since it's the same perspective most of RN's critics had during Vietnam and Watergate, his youth doesn't seem to add much value, notwithstanding his play's merits. As for an accurate rendition of the era's real trauma, the war President Nixon inherited and ended, that's yet to come.

Richard Nixon Is The New Mike Wallace

Peter Morgan (left) questions former Nixon chief of staff Kathy O'Connor; Ron Howard listens

Peter Morgan, author of “Frost/Nixon,” quoted in the LA Times:

Morgan says that, for a writer, it's liberating to see historical characters in a different light. "It had become almost a sin to think of Nixon as anything less than a villain," he [said] Friday. "And strangely, that aroused my indignation. I thought it was time to move on from seeing Nixon as the boogeyman of American politics. He's not the skulking Herblock cartoon version of the man, with the ski-jump nose and perspiration and five o'clock shadow. I admit to having great sympathy for him."

Morgan proposes that the two pivotal characters of "Frost/Nixon" were actually miscast in real life. "It was Frost who had the sunny personality of a politician and Nixon who would've been a truly great investigative journalist--a Mike Wallace type," he says. "That was his persona, rigorous and analytical, like a journalist...."