When Richard Nixon resigned in 1974 in the wake up of the Watergate scandal, the was just the second time in our background that impeachment that a President had actually been considered. Almost every action taken v regard to the instance had part constitutional significance. The paper shown here faces a details question: need to the Watergate one-of-a-kind Prosecutor look for an indictment that the former President?

It is two pages that a three-page memorandum written for the Watergate special Prosecutor in respectable 1974, after Richard Nixon resigned the Presidency and also before chairman Ford pardoned him. (The 3rd page add to one more item come the pro-indictment list and also adds an additional category, "delay decision.")

The Office of the special Prosecutor was created by executive Order in may 1973 and also twice challenged the question of even if it is to seek an indictment that Richard Nixon. The very first time was in March 1974, once the grand jury handed down indictments of 7 White house aides because that perjury and obstruction the justice.

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President Nixon was called an "unindicted coconspirator" at that time since Watergate special Prosecutor Leon Jaworski recommend the cool jury that in his opinion a sitting President might not be indicted. In his view, the residence Judiciary Committee to be the proper body under the structure for assessing evidence relating to the President.

The residence Judiciary Committee gone after its constitutional mandate and drew up five write-ups of impeachment, three of i beg your pardon they approved in the summer of 1974. Once the president was compelled by the can be fried Court in august 1974 come surrender tape recordings that revealed his expertise of the cover-up, also his staunchest supporters in the residence admitted the they would have to vote in favor of impeachment. On respectable 9, 1974, president Richard Nixon resigned the Presidency and became citizen Richard Nixon.

Thus, because that the second time the Watergate special Prosecutor"s Office confronted the inquiry of even if it is or no to seek an indictment. Short article I, ar 3, i 7 the the Constitution provides that a human being removed native office through impeachment and also conviction "shall nonetheless be liable to Indictment, Trial, Judgment and also Punishment, follow to the Law." however there space no accuse in the Constitution around a president who has resigned. The memorandum displayed here is usual of rather in this file. That outlines reasons for and versus pursuing one indictment against Richard Nixon. The is take away from records Relating come Richard M. Nixon, documents of the Watergate one-of-a-kind Prosecution Force, Record team 460.

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The Document



Justice department Memorandum Considering Indictment of Richard M. Nixon page 1

Record Group 460 records of the Watergate distinct Prosecution pressure National and also Records Administration


Justice room Memorandum Considering Indictment that Richard M. Nixon web page 2

Record Group 460 records of the Watergate special Prosecution force National and Records Administration

Page 2

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Article Citation Gray, Leslie and Wynell Burroughs Schamel. "Constitutional Issues: Watergate and also the Constitution." Social education 51, 2 (February 1987): 88-90.