I no longer believed that national security could justify my conduct. At my sentencing, I explained that national security is “subject to a wide range of definitions, a factor that makes all the more essential a painstaking approach to the definition of national security in any given instance.”Judge Gerhard Gesell gave me the first prison sentence of any member of the president’s staff: two to six years, of which I served four and a half months.
I finally realized that what had gone wrong in the Nixon White House was a meltdown in personal integrity. Without it, we failed to understand the constitutional limits on presidential power and comply with statutory law.
In early 2001, after President Bush was inaugurated, I sent the new White House staff a memo explaining the importance of never losing their personal integrity. In a section addressed specifically to the White House lawyers, I said that integrity required them to constantly ask, is it legal? And I recommended that they rely on well-established legal precedent and not some hazy, loose notion of what phrases like “national security” and “commander in chief” could be tortured into meaning. I wonder if they received my message.