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March 12, 1975
Ford, Cabinet mull declaring President unfit
The President’s erratic behavior of late has concerned many in Washington, who fear that he may do something reckless in a last-ditch attempt to stay in power. Alarmed by his recent order to send the 82nd Airborne to Washington, there is some talk in Washington that Nixon ought to be removed from office using the 25th Amendment.
According to the 25th Amendment [1], if the Vice President and a majority of the cabinet declare that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. While the President can appeal by declaring that no inability exists, the Vice President and cabinet can overrule him by submitting another declaration to Congress stating he is incapacitated within 4 days of the Presidential declaration. Congress then decides the issue. If they determine (by two-thirds vote of both Houses) that the President is unable to discharge the powers and duties of his office, the Vice President continues to be Acting President. If Congress fails to reach a two-thirds majority or make no decision within 21 days, the President resumes the powers and duties of his office.
However, Ford and other members of Nixon’s cabinet expressed hesitation for such a move, preferring that the Senate have responsibility of removing Nixon from office. The cabinet is reluctant to use the 25th Amendment because they do not want to set a bad precedent for removing a President. “It looks very dubious” says one expert. If the President is evicted from office by the cabinet, “it would alarm the American people and our allies… we do not want people to think the country is falling apart.” [2]
Similarly, some in the Senate have also expressed apprehension at removing Nixon via conviction, believing that Ford and the rest of the cabinet should declare Nixon unfit for office if they have doubts about his mental state. They are urging Mr. Ford and the cabinet not to wait for the Senate to act if they have urgent concerns about the President. A vote is expected to come on Saturday, March 15.
There is another, more practical, reason why the cabinet would be unlikely to declare the President unfit for office. Because Nixon would undoubtedly appeal any declaration by the Vice President and Cabinet stating he is unfit, the decision would ultimately be left up to Congress. The bar for declaring the President unfit for office using the 25th Amendment is even higher than for conviction in the Senate, since it requires that
both Houses must have a 2/3 majority.
Others are not concerned because they think that Nixon was not serious in his threats. He is, after all, known for his ‘madman theory’ [3]. By making himself appear irrational and volatile, Nixon could be trying to manipulate Congress into backing down from its threats of impeachment. And while his calling up of the 82nd Airborne to defend the White House has been the last straw for many, as Commander-in-Chief, Nixon is entitled to do so. Defense Secretary James Schlesinger says there is no reason for concern and said that the President will comply with Congress’ decision, whether it is favorable or not. [4]
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NOTES:
[1]
https://www.law.cornell.edu/constitution/amendmentxxv .
[2] Something similar was said by Edwin Meese and David Gergen after the assassination attempt on Reagan: The President Has Been Shot: Confusion, Disability, and the 25th Amendment, pp. 184. Now some of you might rightfully point out that earlier in this TL Nixon invoked the 25th Amendment for his illness. But there he only temporarily relinquished power, by his own volition. Here, Nixon is being forced out permanently against his will.
[3] “I call it the Madman Theory, Bob. I want the North Vietnamese to believe I've reached the point where I might do anything to stop the war. We'll just slip the word to them that, "for God's sake, you know Nixon is obsessed about communism. We can't restrain him when he's angry—and he has his hand on the nuclear button" and Ho Chi Minh himself will be in Paris in two days begging for peace.”
[4] From
http://www.historycommons.org/timel...on=nixon_and_watergate_tmln_nixon_resignation :
“The Washington Post prints a small, almost-buried story entitled ‘Pentagon Kept Watch on Military.’ The relatively innocuous headline conceals a potentially explosive charge—that during the final days of the Nixon administration, Defense Secretary James Schlesinger and the Joint Chiefs of Staff had ‘kept a close watch to make certain that no orders were given to military units outside the normal chain of command.’ The article, careful in its word choices, says the extraordinary alert was ‘based on hypothetical situations that could arise during a period when President Nixon’s hold on the presidency was not clear.… Specifically, there was concern that an order could go to a military unit outside the chain of command for some sort of action against Congress during the time between a House impeachment and a Senate trial on the impeachment charge.’ Pentagon sources say no one has any evidence that any such action was being contemplated, but steps were taken to ensure that no military commander would take an order from the White House or anywhere else that did not come through military channels. The implication is clear: Pentagon officials worried that Nixon might use certain elements of the military to stage some sort of coup. Schlesinger gives the story ‘legs’ by issuing the following non-denial: ‘I did assure myself that there would be no question about the proper constitutional and legislated chain of command, and there never was any question.’”
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March 12, 1975
Secretary of State Sisco travels to Turkey for Cyprus summit [1]
Secretary of State Joseph Sisco finished his week-long tour of the Middle East in Ankara, Turkey, where he met with Turkish leaders. Flying from Israel, he told reporters that he believed progress had been made toward finding a solution to the Cyprus crisis. Talks between Greek and Turkish Cypriots were expected to begin soon in Nicosia and in some European country, such as Austria, followed by direct talks.
The Cyprus talks have been suspended for more than a month. The suspension followed the termination of United States military aid to Turkey, and the Turkish Cypriotes' declaration of a federal state in Cyprus. The aim of the declaration was to separate Cyprus into two zones, one ethnic Greek and the other ethnic Turkish, with allegiance to a central government.
Details on the discussions are still fragmentary, despite statements to the press in Ankara last night and today by Mr. Sisco and Turkish officials. But it seemed clear that his main effort was to work out with Greece and Turkey an understanding on what kind of political, economic and humanitarian problems in Cyprus would be discussed in new talks.
American officials did not deny speculation that a major factor in the apparent readiness of the two sides to talk was Greece's willingness now to discuss a political division in Cyprus. This has been long favored by Turks but resisted by Greece and Greek Cypriotes.
Mr. Sisco apparently told the Turkish leaders that he would strive to persuade Congress to repeal the aid suspension. American officials said that Mr. Kissinger's behind‐the‐scenes talks were linked to, but not conditioned on, United Nations Security Council discussions on setting up a new forum for Cyprus talks under the United Nations.
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NOTES:
[1] Kissinger made a similar trip on the same date:
http://www.nytimes.com/1975/03/12/archives/cyprus-progress-seen-by-kissinger-he-ends-talks-in-turkey.html
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March 13, 1975
Ban Me Thuot falls to North Vietnam [1]
Ban Me Thuot, a key hold in the Central Highlands of South Vietnam, has fallen to North Vietnamese forces. This victory for the North is a devastating blow to the South, which has lost a battle of strategic importance. Soldiers in South Vietnam continue to fight on, trying to hold off the assault from the North.
This defeat comes as an appropriations bill was rejected by Senate Democratic Caucus [2]. Despite repeated pleas for South Vietnamese aid from the President, the request was defeated by a margin of 38 to 5.
President Nixon issued a quick response, vowing to defend the South, at all costs. He plans to use Operation Duck Hook [4], a long-shelved plan to bomb the dikes of North Vietnam. Nixon said that he hopes that the threat of annihilation will cause North Vietnam to back down on its assault on the South. [5]
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NOTES:
[1] As OTL:
http://www.nytimes.com/1975/03/13/archives/saigon-force-retreats-from-key-district-capital.html?mcubz=0
[2] As OTL: “America Coming to Terms: The Vietnam Legacy”, pp. 163
[3] Quoting Nixon: ''I would say the major mistake I made as President was one - this will surprise you - was not doing early in 1969 what I did on May 3 of 1972 and on Dec. 15 of 1972, and that was to bomb and mine North Vietnam,''
http://www.nytimes.com/1988/04/11/us/nixon-s-big-regret-bombing-delay.html
[4] Before you say this is impossible, keep in mind it was Kissinger who kept Nixon from doing some really crazy stuff. Consider this exchange between Nixon and Kissinger from 1972 (Globalizing Justice: The Ethics of Poverty and Power, p. 187-188):
Nixon: I still think we ought to take the North Vietnamese dikes out now. Will that drown people?
Kissinger: About two hundred thousand people.
Nixon: No, no, no, I'd rather use the nuclear bomb. Have you got that, Henry?
Kissinger: That, I think, would just be too much.
Nixon: The nuclear bomb, does that bother you? I just want you to think big, Henry, for Christsakes.
Nixon: The only place where you and I disagree is with regard to the bombing. You're so goddamned concerned about civilians and I don't give a damn. I don't care.
Kissinger: I'm concerned about the civilians because I don't want the world to be mobilized against you as a butcher.
[5] I am aware this violates the War Powers Act. But at this point, Nixon can say pretty much whatever he wants knowing that he is about to be found guilty. They can’t impeach him twice, of course. There’s no hope left for him. And a hopeless man is a dangerous man.
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March 14, 1975
“Silent Majority” March on Washington
A crowd of pro-Nixon demonstrators, more than ten thousand strong [1], has encircled the White House on the eve of the impeachment verdict. A few showed up in hard hats, representing Nixon’s support among labor, carrying the various tools of their trades. They were organized by Labor Secretary Peter Brennan, who remarked during his resignation speech that “History is being made here today, because we are supporting President Nixon” [2]. Others were military veterans, from World War II, Korea, and Vietnam. These vets said that they came to support their Commander-in-Chief.
Standing beneath American flags and signs saying "God Bless President Nixon”, the crowd heard speeches decrying the impeachment proceedings against Mr. Nixon as no solution to the "Watergate morality." Neil Salonen, president of the National Prayer and Fast Committee (founded by Rev. Sun Myung Moon), said that "We should take note that both Hitler and Lenin took power on the heels of leaders made impotent by constraints upon their office and lack of cohesive support.” [3]
Yet others were die-hard Nixon supporters. Some of these bitter-enders believe that Mr. Nixon has been a victim of a vast conspiracy against him, perpetrated by the media, the CIA, the Soviet Union, Jews, Democrats, Republicans, and a long list of others. They defended the President’s actions. "Watergate was b***s***, plain and simple!" shouted an Italian-American man from Brooklyn. "They framed Nixon and they killed him politically. I don't care what he did. It's disgraceful what they did to the country - the press and Congress and the protestors…I loved Nixon for loving the country!" [4][5]
They join about 30,000 demonstrators calling for Nixon’s conviction in the Senate. Many of them are former anti-war protestors, for whom this is nothing new. The once-idealistic young people have become weary and cynical and have little trust that the Senate will find Nixon guilty.
Despite tensions, the day has been mostly peaceful. Occasionally, a few scuffles have occasionally broken out between pro- and anti-Nixon groups. They are kept in check by 12,000 federal troops, 5,100 local police, and 1,500 National Guardsmen, who have had to endure heckling from bystanders and anti-Nixon demonstrators alike. They all await the immediate judgment of the Senate, which should come down by tomorrow.
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NOTES:
[1] Not entirely without precedent. A similar rally was held in Phoenix, Arizona in May 1974: Nixon's Shadow: The History of an Image, pp. 205
[2]
http://www.nytimes.com/1996/10/04/nyregion/peter-brennan-78-union-head-and-nixon-s-labor-chief.html. It would not surprise me if most of the “Hard Hats” (particularly the more zealous among them) still supported Nixon in 1975. Brennan also resigned on this date in OTL, though he had indicated his intention to resign on February 6.
[3]
http://www.jfk.hood.edu/Collection/White%2520Materials/Watergate/Watergate%2520Items%252016648%2520to%252016835/Watergate%252016715.pdf
[4] Real quote from a pro-Nixon rally:
http://nothingiswrittenfilm.blogspot.com/2016/11/history-richard-nixons-deplorables.html#!/2016/11/history-richard-nixons-deplorables.html
[5] Nixon's Shadow: The History of an Image, pp. 205-206
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