Northwestern University and Evanston's Only Daily News Source Since 1881

The Daily Northwestern

Northwestern University and Evanston's Only Daily News Source Since 1881

The Daily Northwestern

Northwestern University and Evanston's Only Daily News Source Since 1881

The Daily Northwestern

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Counsel: justices’ selection is flawed

John Dean might go down in history as the man who brought down Nixon, but Tuesday afternoon he brought recent history back to life during a book tour stop at Northwestern.

More than 100 students, faculty and Evanston residents heard the former White House counsel discuss the Supreme Court justice appointment process in Fisk Hall. The audience was composed mostly of senior citizens, many of whom likely heard Dean’s testimony during the 1973 Watergate hearings.

“We’re never again going to have a chance to understand this process and look behind closed doors,” Dean said.

The narration in Dean’s book, “The Rehnquist Choice: The Untold Story of the Nixon Appointment that Redefined the Supreme Court,” comes from recently released taped conversations of President Richard Nixon.

Drawing on personal anecdotes and information from the tapes, Dean explained the controversial appointment of William Rehnquist that took place when Justices Hugo Black and John Harlan stepped down from the bench in September 1971. The process was “a three-act drama, maybe comedy at times,” Dean said.

He revealed secret conversations between Nixon and Attorney General John Mitchell regarding the nominees, including several sexist remarks Nixon made.

“Putting a woman on the court would be as unthinkable as putting a woman on a spaceship,” Dean said, paraphrasing Nixon.

Dean focused on his role in strengthening Rehnquist’s bid for the Supreme Court, saying he wanted to be part of history by sponsoring the appointment. Dean said he later regretted supporting Rehnquist, now chief justice, because of the justice’s record on civil rights.

“I have some regrets about my role in this story, and that’s why I can tell it,” Dean said.

Journalism Prof. Richard Schwarzlose has used the cliche “journalists write the first draft of history” in his classes, but Schwarzlose said Dean’s speech offered valuable retelling of historical events.

“He provides an insight into the process and the personalities involved,” Schwarzlose said. “Only with this kind of an effort do you get an understanding of the dynamics of the events like this.”

After signing copies of his book, Dean spoke briefly with The Daily about his new book.

“I had a very maturing experience as a very young lawyer,” Dean said. “I can’t imagine having lived a lie.”

He said the procedure for selecting Supreme Court justices has not changed substantially since the Nixon appointments, and that he hopes his book raises public awareness of what goes on behind the scenes.

“There have been a couple of books out on the process, but you don’t get the feel for what really happened inside,” Dean said. “That’s what I thought I was able to capture with these tapes.”

Dean said the Senate should ask more questions of the administration during confirmation hearings. Senators should ask a Justice Department official, the counsel to the president and the attorney general to justify the nomination.

“It’s a true drama and it happens repeatedly,” Dean said. “Hopefully, by forewarning people what it’s like, the public will demand the process be more careful.”

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Counsel: justices’ selection is flawed