Why did the Justice Department chain of command collapse in 1973?

This analysis examines the structural and ethical reasons behind the mass resignations at the Department of Justice on October 20, 1973, focusing on the 'for cause' appointment clause and the immediate political fallout.

Nixon fires special prosecutor Archibald Cox

Overview

Date of Event

October 20, 1973

Key Resignations

Richardson and Ruckelshaus

Executor of Firing

Solicitor General Robert Bork

Legal Basis for Refusal

'For Cause' Appointment Clause

Immediate Judicial Ruling

Dismissal ruled illegal Nov 14, 1973

Expectation vs. Outcome in the DOJ Chain of Command

Nixon anticipated a straightforward execution of his order, but the legal structure of the special prosecutor role and the personal convictions of his subordinates created a different result.

The plan neededWhat happenedWhy it mattered
Attorney General Richardson would comply with the presidential order to fire Cox.Richardson refused the order and resigned effective immediately to protest the action.The resignation removed the top legal authority from the chain, forcing Nixon to move down the hierarchy.
Deputy Attorney General Ruckelshaus would assume the role and execute the dismissal.Ruckelshaus also refused the order and resigned in protest, mirroring Richardson's decision.The second resignation left only the Solicitor General as the remaining senior official capable of acting on the order.
The Special Prosecutor position would remain vacant or be filled by a compliant appointee.Leon Jaworski was appointed as the new special prosecutor on November 1, 1973, after public pressure.Jaworski resumed the investigation, eventually securing the release of the Oval Office tapes in July 1974.

The Legal Trap of the 'For Cause' Clause

The special prosecutor role was not a standard cabinet position; it was a career reserved position within the Justice Department. This structural detail meant the attorney general held the authority to remove the prosecutor, but only 'for cause,' such as gross improprieties or malfeasance. Elliot Richardson, who appointed Archibald Cox in May 1973, had made a specific promise to the House Judiciary Committee regarding this authority. During his Senate confirmation hearings, Richardson stated he would not use his power to dismiss the Watergate special prosecutor unless there was a valid legal cause. This prior commitment created a rigid constraint on his actions in the months that followed.

Cox’s investigation focused on the June 17, 1972, break-in at the Watergate complex, where five Nixon operatives were caught bugging the Democratic National Committee headquarters. As the probe deepened, Cox issued a subpoena for copies of taped conversations recorded in the Oval Office. Nixon refused to comply with this request, leading to a direct clash between the White House and the special prosecutor. The refusal to release the tapes, some of which implicated the president in the break-in, set the stage for the executive order that would test the limits of the 'for cause' provision and the personal integrity of the Justice Department leadership.

Refusal and Resignation in a Single Evening

On the evening of Saturday, October 20, 1973, Nixon ordered Attorney General Elliot Richardson to fire Cox. Richardson, bound by his earlier promises and the legal constraints of the position, refused the order. He resigned effective immediately, citing his protest against the dismissal. This action removed the top official from the chain of command. Nixon then turned to Deputy Attorney General William Ruckelshaus, the next most senior official. Ruckelshaus also refused to carry out the order and resigned in protest. The simultaneous departure of the top two legal officials in the country created an unprecedented vacuum in the Department of Justice.

With Richardson and Ruckelshaus gone, the authority fell to Solicitor General Robert Bork, the third-most-senior official. Bork carried out the dismissal as Nixon requested. However, Bork later stated that he had intended to resign afterward but was persuaded by Richardson and Ruckelshaus to stay on for the good of the Justice Department. This sequence of events meant that the president’s order was executed, but only after the two highest-ranking officials had sacrificed their positions to protest the action. The rapid succession of resignations signaled a profound breakdown in the expected loyalty and compliance within the executive branch.

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The Immediate Aftermath and Public Reaction

The political and public reactions to Nixon’s actions were negative and highly damaging to the president. Public opinion, which had previously been dormant, quickly turned against Nixon, and the president's approval ratings fell to an abysmal 27 percent. More than 50,000 concerned citizens sent telegrams to Washington, and 21 members of Congress introduced resolutions calling for Nixon’s impeachment. The phrase 'Saturday Night Massacre' first appeared in writing two days after the events, in a Washington Post article by David S. Broder on October 22. Broder noted that the events were already being called by this name, indicating the speed with which the public narrative formed around the crisis.

In the face of overwhelming protest, Nixon relented and appointed Leon Jaworski as the new Watergate prosecutor on November 1, 1973. Jaworski resumed the investigation and eventually secured the release of the Oval Office recordings in July 1974, when the Supreme Court ruled the tapes did not fall under executive privilege. The impeachment process against Nixon began ten days after the massacre, on October 30, 1973. The sequence of events demonstrated that the executive branch could not simply override the legal protections of the special prosecutor role without triggering a severe constitutional and political crisis.

Judicial Validation and Final Resignation

This judicial decision validated the protests of Richardson and Ruckelshaus, confirming that the 'for cause' clause had been violated. The ruling provided a legal foundation for the subsequent actions of the new special prosecutor, Leon Jaworski, who continued the investigation into the Watergate scandal. The legal challenge to the firing was a critical step in the broader legal battle over executive privilege and the independence of the special prosecutor.

Nixon’s resignation from the presidency occurred nine months and 20 days after the Saturday Night Massacre, on August 9, 1974. Faced with the so-called 'Smoking Gun' tape of his involvement in Watergate, Nixon announced his resignation on August 8, 1974. The resignations of Richardson and Ruckelshaus, and the subsequent legal and political fallout, ultimately led to the end of Nixon's presidency and a significant reevaluation of executive power in the United States.

Timeline: Nixon fires special prosecutor Archibald Cox

  1. June 17, 1972 Watergate break-in occurs at DNC headquarters
  2. May 1973 Elliot Richardson appoints Archibald Cox as special prosecutor
  3. October 20, 1973 Richardson and Ruckelshaus resign; Bork fires Cox
  4. October 22, 1973 'Saturday Night Massacre' phrase appears in Washington Post
  5. October 30, 1973 Impeachment process against Nixon begins
  6. November 1, 1973 Leon Jaworski appointed as new special prosecutor
  7. November 14, 1973 Judge Gesell rules Cox's dismissal illegal
  8. August 9, 1974 Nixon resigns the presidency

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