MM#438--Fifty Years After Watergate: Crime, Lawfare, and the Battle for Due Process
Description
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Forget the tidy Watergate script. We dive into a sharp, good‑faith debate that tests whether Nixon’s fall was inevitable because of crimes and a collapsing cover‑up—or whether a biased legal apparatus and quiet coordination with the bench turned a scandal into a manufactured constitutional crisis. We walk step by step through the break‑in, the inner‑circle misconduct, and the public narrative that took hold, then hold it up against internal memos, ex parte contacts, and appellate maneuvers that suggest the field wasn’t level.
You’ll hear why John Dean’s credibility mattered so much—and how his one‑to‑four‑year “sentence” functioned more like theater than punishment before a D.C. jury. We explore the claim that key exculpatory shifts in Dean’s statements were kept from the defense, and why reported meetings between prosecutors and judges Sirica and Gesell still raise eyebrows. The picture that emerges isn’t exoneration; it’s complexity: serious crimes at the top, and a prosecution willing to shape process to guarantee outcomes.
We also revisit the so‑called “smoking gun” tape with fresh context. Was the push to use the CIA to deter FBI interviews an attempt to protect the burglary conspiracy—or to shield prominent Democratic donors who secretly backed Nixon’s 1972 campaign? Motive doesn’t excuse misuse of power, but it changes the legal calculus and the counsel Nixon received from his own team. Along the way, we highlight Geoff Shepard’s insider research across three books, including newly surfaced documents that challenge what many of us assumed was settled.
If you care about accountability, due process, and how narratives harden into history, this conversation will push you to think harder. Subscribe, share with a friend who loves political history, and leave a review with your take: inevitable fall—or engineered outcome?
Key Points from the Episode:
• framing the core question: crime inevitability vs lawfare
• the break‑in facts and early cover‑up mechanics
• John Dean’s admitted crimes and curated credibility
• ex parte contacts and due process concerns with judges
• en banc appeals strategy and forum fixing claims
• reinterpreting the “smoking gun” tape motive
• abuse of power versus misconstrued intent
• dual truths: real crimes and compromised process
• Geoff Shepard’s three books and new archival memos
Be sure to check out the Nixon Conspiracy, Watergate, and the Plot to Remove the President by Geoff Shepard
Other resources:
Geoff Shepard's incredible website
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