Transcripts For CSPAN3 The Presidency 20141214 : vimarsana.c

CSPAN3 The Presidency December 14, 2014

Thank you, so much, hank. Im privileged to be the resident and ceo of the National Constitution center in philadelphia, which hank also mentioned as the only america chartered by congress to disseminate the u. S. N about constitution on a nonpartisan basis. What an inspiring charter that is. Be here at the gerald r. Ford president ial about the closing of the constitutional legacy of president ford. This is the first of what we will be a series of collaborations with president ial libraries and museums across the country where the National Constitution center will join in the ership to explore not of the l legacy resident, but the constitutional legacy. Every person who serves as the resident of the United States makes a significant contribution to the understanding of the constitution and the limits it governmental power. Not imagine a better panel than today. Of panel is featuring two the preeminent constitutional scholars of the ford dministration as well as legal thinkers. Ger heart is with chapel hill. Calledll street journal the forgotten president s named best of the year. We had a riveting discussion president se thursday often forgotten by the general public at large made a ignificant contribution to our constitutional understanding. My other friend, mark wolf is here. To join hes taken time us. He was appointed to the District Court for the district of 1985 and servedn as chief judge from 2006 through 2012. Now. A senior judge he previously served in the Ford Justice Department as a special attorney to the deputy general of the United States and the attorney general of the United States. Certificate ved a of appreciation from president ford for his work in the of indochinese refugees. Going to jump right in. Nd michael, youve written the great book about the forgotten president s. One thing that emerges is that ou can be forgotten and still make a significant contribution to constitutional understanding, or you can be remembered and no contribution to constitutional understanding. But as i understand it, you is eve that president ford neither a forgotten president , a bad one because you think a significant t, contribution to understand in the executive power. Im honored t say to be here, appreciate the chance to be a part of this talk about a president whose legacy i respect a great deal. Heres the good news the dent ford is not in book. And the question becomes why . Ford had a president tremendous constitutional legacy and is particularly striking fact that nsider the he was president for less than 900 days. Days, i thinke 900 what he did as far as the is concerned did have an impact. Ill mention how they did. We have people here today. For a forgotten president , you could throw in a bet that no one would come. Chester arthur, six people might come. But the fact that you have the Wonderful Library at the museum. Those help restore those keep his memory alive. We keep talking about the things that he did. Of course, first is the fact that he became president. Really is the first and only president whose come by way to office through the 25th amendment. Elected. T and even without that electoral mandate, he was able to do a lot which well y of talk about today. They include some of the following he took over at a time when the Justice Department and administration were reeling from charges of corruption. Restored integrity in the epartment of justice through a series of appointments and the way he administered it. He most important is the appointment of edward levy, then president of chicago, he became attorney general. Nd interestingly, i think theres a symmetry there between ford and coolidge. Is e another president not along were not remembered in the white as house when there was a great deal of corruption. He needed something similar. The dean of the high school, restoring integ rety there. In how to setetry out and each accomplish restoring integrity to the department of justice. Of Justice Stevens done in an exemplary way. To the trending department of justice at arms white house is unusual and distinctive and the things that we could point to. Pardon talk about the later. All ill say that in closing is the most probably famous course in American History and what is interesting about that as you all know is he his popularity drop dramatically. If it were a it as really important step to healing the country. Itself is an indication of how memorable the presidency was. Thank you for the wonderful our topic. Mark, you were an assistant to the attorney general edward levy mike mentioned mike talked about levy as fords crowning accomplishment because the nonpartisan add tut towards executive power that he displayed. Tell us about the levy decision what a contribution it was. Happy to do that. I would like to say how invited g it is to be and be able to come. m a United States district judge in my 30th year. Ive just come from prague where i was working with young journalists and lawyers from russia. I was talking to them among about the roles that play in nd the media the United States. And a meaningful part of my focused on watergate and my experience, working in fords administration for attorney general levy. Inspiring s is an example of our country at its best to embattle people from the world. The opportunity that i had when 30 years old had a my sforming effect on interests, my aspirations, and my standards. Gratifying to be able to express my gratitude to as well as rd attorney general levy for that. Think, has a i vibrant, living legacy. When attorney general levy president in 2000, ford came to the university of at the and spoke memorial service. Levy recruited edward from being the president of the United States of chicago because wanted somebody of impeccable a egrity and intellect at time of corrosive cynicism. Cynicism throughout the country. Atergate and the coverup had severely damaged confidence in the Justice Department as well presidency. All kinds of abuses by the fbi revealed. Ad been and vietnam war caused considerable controversy. The department of justice particularly had been used for partisan purposes. Mitchell, the attorney general was also President Campaign manager in 1972 abusing to prison for his office as attorney general. To this dent ford said gathering at the university of he recruited hen edward levy, he told them, i protect the rights of american citizens and not the president who appointed you. Edward levys politics when i appointed them, ll i know is he shared my reverence for the constitution. We were talking last night and michael said, well, wouldnt any president say that . Success the remarkable of president ford and edward levy. Ecause that certainly in that period was not the paradigm of the attorney general. Kennedy had appointed Brother Robert kennedy who had many virtues. But also use the department of brothers protect his personal reputation and partisan interest. John mitchell had done as well. The d levy was quite opposite. He and president president delegated him substantial autonomy, but not complete independence. Nor did the attorney general want independence. At that time, there were many of osed bills independent the president , for example, the way the fbi director is now to ave a tenyear term that will survive the president to appoint im to take away from the Justice Department the authority investigate high level officials and prosecutors. Edward levys view was the president , the attorney general the president to for policies, what are the department of he justice going to be . Drug enforcement, civil rights, antitrust, for example . And also when the law was guidance from the president was appropriate. And interestingly, edward levy had been ent ford graduate students at Yale Law School at the same time. Selfde dent in a selfdeprecating would joke he team and e football levy the reputation for tremendous intellect. Of the the Department Justice could never be an instrument for partisan purposes. The law had to be administered impartially and president ford wanted him to do that. Years, the t cynicism, corrosive cynicism of justice partment and the executive branch essentially eliminated through the Honest Administration of levy but d by edward in very close collaboration with president ford. Great. Mark has described this incredible achievement. Two years, the most polarized in history. President ford comes in. Concern about xeng tif power and abuses of wiretapping and all sorts of instruments in and president ower ford transforms that. How did he do it . What are other appointment ms he executive hout the branch that helped him do this . And what was the result . What was the result of this executive ion of power . Well, worked with most of the folks in the department of justice. A remarkable ther team of people. Nd each of whom was exemplary, each of whom, i think, took that charge from the president quite weresly, which was to going to follow the law, protect people, and were not going to be partisan. Was that was particularly difficult at the time because you need to theres a tremendous spotlight placed on department of justice at that point. Because up until then, there been a spotlight placed in the department of justice. So everything happening was happening as if it was happening a microscope. Among the people were carle hills, richard thornberg, rex lee, just somebody i got to know ery well, fabulous lawyer that kept on. Robert bork. One needs to remember was a remarkable lawyer and incredible Public Servant as well. The appointments individually and together i think restored faith in the department of justice. General that attorney levy was willing to, again, follow the law wherever it took him. But at the same time trying to executive power in a nonpartisan way. If we think about it, we might really , that sounds difficult. Because in these days, its hard to even think of attorneys or president s we all have faith or doing that. Heavily ve become so partisan that i think the idea that this could happen at all seems rather extraordinary. Did. T and i want to emphasize a couple of things about it. Done er this is all being by a president who wasnt elected. So the challenge that president this, d in doing all of in handle off of the ball, for example, to attorney general levy, he had to maintain his political support, some political viability in the this. E of doing all of he didnt have a mandate to do that. He had to maintain the everything he was doing even though he wasnt technically elected. Delicate tself, was a act. And it included doing things that were extraordinary. To takeple, again, just something from the pardon, he came and testified before congress. Those thingsnusual are remarkable. It back to the administration. F the great publ lick Public Servants of the 21st century. If you dontwas know anything about Elliott Richardson, one of the great century. In the 20th so you brought to the administration a lot of people who had reputations and records really quite distinctive. And it gave it a character and a think helped restore peoples faith in government. Mark, tell us more of some of levys specific reforms. He proposed guidelines for the fbi. About intelligence and surveillance reforms. He had an ambitious record. Tell us about it. Attorney general levy, this is a ime that the power of the president was under great attack. And the attorney general, edward believed that substantial executive power existed. Michael said t as climate where each branch perhaps including be asserting s to the maximum authority and you know let the courts decide what limits are or the political process decide what the limits ford and edward idea of dwards government by discussion, he that the ieve executive branch should secretly toticularly press its powers the limits because this had led o abuses and secret abuses covered up under the rueb ri ruberick of National Security. Current nsa controversy had occurred. Nsa had been interrupted by the surveillance of american citizens. The case coming out of the District Court here in michigan, keith reme court in the case 1971 before gerald fords president decided you cant do with regard to american citizens. Was ft open, whether there Inherent Authority in the eavesdropping with regard to foreign powers agents for National Security purposes. Dward levy believed that authority existed and he set up with president ford a process would personally have to authorize each surveillance security purposes, but there was a question as to whether that was legal and in corrosive, cynical postwatergate era, there were taking. At he was even though he believed that the president had the inherent uthority to do this, without anything from congress or the court. Felt in president ford fully supported him in this that be more clear, more coherent, more accountable and to the American People if he went to congress. They talked about what the rchitecture of this National Security surveillance should be. And to give a role but a defined limited role to the courts. Essentially, edward levy began that led to the foreign intelligence two years e court after president ford left office statute enacted in the carter administration. Well at least until 9 11. But this was a manifestation of we had a hat although separation of powers, these were three powers that formed one government. In a constant colloquy with each other that should be struck a duty the and edward levys to , shared a duty faithfully interpret the constitution to the best of their ability. Consensus to reach a and an accommodation. Nd as i said, for about a generation, it led to what the nably was regarded as satisfactory resolution of the international National Security wiretapping issue. Wanted say, edward levy a role for the congress and the courts. Limited. Lso wanted it in the way i dont want this to sound too technical. Essentially, you dont security tional wiretap, you need a warrant. Basedot a typical warrant on probable cause that youll crime, but it f a was a warrant that relied on a certification of a high level that usually the attorney general that this was a of a n power or an agent and important in information. Ty this intrusion on privacy was permitted. Get were efforts to through legislation the courts and the congress involved in whether this was really a foreign power. Foreign agent. Edward levy strongly and successfully argued that the ther branches of government didnt have the responsibility to make that decision or the information necessary to make the decision. So while he was advocating the dimunution of xecutive power, he was not allowing it to be hijacked. This is fascinating. Described the balance of three members are observe. To did president ford involve the congress in checking the executive . I think the answer is yes. People refer mes fords presidency as a konthsal presidency. He was the only person that they could get confirmed to be able occupy the position of Vice President and the reason he was only person that could get confirmed is basically he was so fop ullr in congress. He came to the position of Vice President and later became president with people in congress at least respecting him as an individual, not always agreeing with him, but thinking that he was a very decent man, a thoughtful person, that he basically would be a good steward in this time period. He had the t is confidence of congress. Now i say that knowing that we the good overstate relations he had with congress. He had a remarkable number of vetoes overwritten by congress. More vetoes overwritten by his short presidency than even overwritten by nixon n the last few years of his administration. That goodwill didnt extend always to doing everything he wanted. Ut i think the willingness to share, to be open, was something that everybody appreciated, even retrospect than perhaps they did at the time. The other thing i think we cant extent to te is the which hes an individual. Long an that can go a way. And so if you contrast that, for example, with Richard Nixon who as saying not many people really liked him as an individual, even though he elected president twice, but i think with president ford one reason why were here today and reason we have a wonderful place like this is because he embodied a tremendous sense of decency which i think everybody in government understood and appreciated. Helped, i think, the relationship with the other branches. He concession of the executive power he had which he shared with attorney general levy was a remarkable one. Pointed out as he would be shared by subsequent president s in attorneys general. Tells you elf something. Maybe it was driven to some extent by expediency. But it was driven ultimately by principle. That, again, says a great deal. He president was willing to do basis ng on a principle which people see to this day as a principle act and achievement. Of a a remarkable part legacy. And not many president s i think the ook back and have departments of justice to the top or the relationship to the president. Always thought of being perfectly principled and balanced. We have two visions of the attorney general. One is the traditional part, which is partisan. Including one like Bobby Kennedy described. H friends of the president who devoted this interest and the nonpartisan model with levy under ford and attorney general stone under president coolidge. Why isnt we havent seen since the Ford Administration a nonpartisan attorney general . I think i thought about that question a lot. When i left office with levy, i wrote him a letter. Not a udge now, im prophet. Im frequently wrong. And this one i think i was right on. Your question. I wrote him that the extent to falls our successors your of your model, example will be evident of your uccess in restoring faith in t

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