A pre-recorded streaming video replay from the August 2017 webcast, From Nixon to Trump: Dealing with Difficult Chief Executives and Organization as Client.
Featuring Former Nixon White House Counsel John W. Dean
The Preamble to the Model Rules of Professional Conduct, Section 6, states: "As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority."
This program takes its inspiration from Justice David Souter's campaign to emphasize the teaching of civics and the role of lawyers as public citizens.
Topics covered include:
- Hour One: The first hour explores the role of a lawyer as a public citizen and guardian of the Constitution, with a look generally at Executive Power, Article II. John Dean explains President Nixon’s “smoking gun” tape from June 23, 1972, where Nixon instructs his chief of staff to tell the CIA to inform the FBI that CIA activity may be exposed by the Watergate criminal investigation and so the FBI “should stay the hell out of it.”
- Hour Two: The second hour explores Article II's nomination and appointment clause for Supreme Court Justices and takes a deep dive into President Nixon's appointment of four justices in his first term: Justices Burger, Blackmun, Powell, and Rehnquist. Two would serve as Chief Justice of the United States (Burger and Rehnquist) and dominate the Court for 36 years. John Dean, as White House Counsel, vetted Supreme Court candidates and wrote the book, The Rehnquist Choice. This segment makes heavy use of the Nixon Tapes. Especially enlightening was Nixon's attempt to put the first woman on the Court.
- Hour Three: The third hour focuses on the backstory to Roe v. Wade, again in the news as President Trump promised to appoint justices who would overturn Roe. Nixon appointed the justices most responsible for Roe's ultimate outcome — Powell and Blackmun.