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Presidents Under Fire: The History of Impeachment. Aired 11p- 12a ET
Aired April 26, 2019 - 23:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[23:00:00] (COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
RICHARD NIXON, FORMER PRESIDENT OF THE UNITED STATES: Have you gotten extra camera in case the light goes out?
(END VIDEO CLIP)
FAREED ZAKARIA, CNN HOST: This is what impeachment looks like.
(BEGIN VIDEO CLIP)
NIXON: Ollie (Ph), only the CBS crew now is supposed to be in this room during this, only the crew.
(OFF-MIC)
NIXON: No. There will be no picture. No. After the broadcast. You've taken your pictures.
(END VIDEO CLIP)
ZAKARIA: Facing certain removal, Richard Nixon is moments away from resigning as president.
(BEGIN VIDEO CLIP)
NIXON: That's enough, OK. Now, all Secret Service -- are there any Secret Service in the room?
UNIDENTIFIED MALE: Just plain, Mr. President.
NIXON: Out.
(END VIDEO CLIP)
ZAKARIA: There can be no greater fall from no greater height.
(MUSIC PLAYING)
UNIDENTIFIED MALE: Five men were nabbed in the Democratic National headquarters here in Washington.
TIMOTHY NAFTALI, CNN PRESIDENTIAL HISTORIAN: Nixon was desperate. UNIDENTIFIED MALE: The Whitewater controversy.
(BEGIN VIDEO CLIP)
BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES: Whitewater, I have nothing to say about it.
(END VIDEO CLIP)
NAFTALI: He's thinking what am I going to do?
UNIDENTIFIED MALE: Andrew Johnson's impeachment was over a policy. He did not deserve to be president of the United States.
(BEGIN VIDEO CLIP)
NIXON: I'm not a crook.
UNIDENTIFIED MALE: Monica, Monica, hold on a second.
(END VIDEO CLIP)
ZAKARIA: One thing leads to another.
UNIDENTIFIED MALE: A grave and profound crisis.
(MUSIC PLAYING)
UNIDENTIFIED MALE: You're in the Office of the President of the United States. How can you talk about blackmail and keeping witnesses silent?
UNIDENTIFIED MALE: William Jefferson Clinton.
CLINTON: I did not have sexual relations with that woman.
UNIDENTIFIED MALE: The impeachment effort against him failed by a single vote in the Senate.
UNIDENTIFIED MALE: President Nixon --
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED FEMALE: Aye.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: As a fallen leader.
UNIDENTIFIED FEMALE: There it is.
UNIDENTIFIED MALE: The ayes have it, impeached for high crimes and misdemeanors.
(BEGIN VIDEO CLIP)
NIXON: I have impeached myself.
(END VIDEO CLIP)
ZAKARIA: Good evening. I'm Fareed Zakaria.
The Constitution's impeachment clause was written by men who fought a revolution to escape the tyranny of kings and now they're wanted to keep the president from becoming a monarch.
In one version the grounds for impeachment were treason and bribery. Also proposed, maladministration. But James Madison said that was too vague. What if he asked a president would cook up a scheme of speculation, in other words what if the president were a crook?
So, George Mason of Virginia came up with the additional phrase, high crimes and misdemeanors. And that is article II, section 4 of the Constitution. There was a moment in our history when it saved American democracy. But at other times it's been turned into a cheap political trick, hurled at opponents as a weapon.
So, which is it today? To answer that question, we need to understand the past so we know whether impeachment will work when we really need it.
(BEGIN VIDEO CLIP)
MAX BOOT, CNN GLOBAL AFFAIRS ANALYST: People are seriously talking about impeachment.
TUCKER CARLSON, FOX NEWS HOST: They will immediately try to impeach the president.
UNIDENTIFIED FEMALE: Well on our way to impeachment.
(END VIDEO CLIP)
ZAKARIA: The word impeachment was used by our count at least 12,000 times in 2018. And that's just on cable news.
(BEGIN VIDEO CLIP)
REP. MAXINE WATERS (D-CA): I said impeachment, impeachment, impeachment.
(APPLAUSE)
(CROWD CHANTING)
[23:04:59] UNIDENTIFIED MALE: Thousands are in the streets out here this evening.
ZAKARIA: This was just one day after Donald Trump was elected president.
(CROWD CHANTING)
ZAKARIA: But the outcry is hardly surprising. Donald Trump is the most polarizing president in an already bitterly divided America.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: We will impeach him. We will impeach him. Then people said, but he hasn't done anything wrong. That doesn't matter. We will impeach the president.
(END VIDEO CLIP)
NAFTALI: We have been through periods of polarization before. The difference now, I think, is that we don't have a common baseline of facts. We disagree on reality.
ZAKARIA: That dangerous state of affairs, we disagree on the facts on reality itself is reflected in how Americans feel about impeachment.
In CNN polling done in March, 68 percent of Democrats favored removing the president from office, just 4 percent of Republicans supported impeachment. And after the Mueller report polling suggests that the partisan divide remains as strong as ever. There's a raging debate over where to go now after Mueller.
(BEGIN VIDEO CLIP)
SEN. ELIZABETH WARREN (D-MA), PRESIDENTIAL CANDIDATE: If any other human being in this country had done what's documented in the Mueller report they would be arrested and put in jail.
TRUMP: It was the most thorough investigation probably in the history of our country. I say it's enough.
(END VIDEO CLIP)
ZAKARIA: Or would further investigation through a Congressional impeachment inquiry be justified?
NOAH FELDMAN, PROFESSOR, HARVARD LAW SCHOOL: As a legal matter there is enough material alleged now that if true would support an impeachment charge.
ZAKARIA: But, says Harvard Law School's Noah Feldman --
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The President of the United States.
(END VIDEO CLIP)
ZAKARIA: That doesn't mean the president could or should be impeached. We'll explore that question later in the hour. But first we need to go back to understand what happens when democracy depends on impeaching the president.
We now think of Watergate as a time when America came together and forced a crooked president out of office. But to Richard Nixon and the Republican Party the Watergate scandal was a partisan war. (BEGIN VIDEO CLIP)
NIXON: It was a fiery front war with a fifth column. I had a partisan Senate committee staff, special prosecutor staff, media. We had a partisan judiciary committee staff, the fifth column. I gave them the sword. And they stuck it in, and they twisted it with relish.
(END VIDEO CLIP)
ZAKARIA: The real story of the war Nixon describes is one that few Americans know. It's a story of a small group of men who turned impeachment into an act of patriotism.
It all begins on June 17th, 1972.
UNIDENTIFIED MALE: Five men were arrested early Saturday while trying to install eavesdropping equipment at the Democratic National Committee.
ZAKARIA: Why was someone breaking into the Democrats' campaign offices.
(BEGIN VIDEO CLIP)
NIXON: I again, hardly accept that nomination for President of the United States.
(END VIDEO CLIP)
ZAKARIA: Well, Richard Nixon won the presidency in 1968 by promising to get America out of Vietnam.
UNIDENTIFIED MALE: Are you listening, Nixon?
ZAKARIA: But as the war dragged on the anti-war movement exploded. As Nixon campaigned for a second term, he feared Vietnam might give his enemies the ammunition to defeat him. And so, his men planned a seize of dirty tricks.
(BEGIN VIDEO CLIP)
NIXON: I suppose he went up the wall.
(END VIDEO CLIP)
ZAKARIA: To cripple the Democrats. One of them was the Watergate break-in. In 1972, Nixon won reelection by a historic landslide.
(BEGIN VIDEO CLIP)
NIXON: I, Richard Nixon, do solemnly swear --
(END VIDEO CLIP)
ZAKARIA: But the Watergate story was still growing. So just weeks after the election inside the Oval Office Richard Nixon declared war on the press.
(BEGIN VIDEO CLIP)
[23:09:58] NIXON: The press is the enemy. The press is the enemy. The press is the enemy. Write that on the blackboard 100 times. You'll never forget it.
TRUMP: CNN --
(END VIDEO CLIP)
ZAKARIA: Sound familiar?
(BEGIN VIDEO CLIP)
TRUMP: You are the enemy of the people, go ahead.
I call the fake news the enemy of the people.
(END VIDEO CLIP)
ZAKARIA: There are other reminders of the present day. Donald Trump directs particular anger at certain news organizations.
(BEGIN VIDEO CLIP)
TRUMP: It's like the failing New York Times, which is like so bad, or CNN, which is so bad and so pathetic. They are the fake, fake disgusting news.
(END VIDEO CLIP)
ZAKARIA: Nixon went after the Washington Post whose reporters Bob Woodward and Carl Bernstein led Watergate coverage.
(BEGIN VOICE CLIP)
NIXON: I want it clearly understood that from now on, ever, no reporter from the Washington Post is ever to be in the White House. Is that clear?
UNIDENTIFIED MALE: Absolutely.
NIXON: None, ever to be in. Now, that is a total order. And if necessary, I'll fire you. Do you understand?
UNIDENTIFIED MALE: I, I do understand.
(END VOICE CLIP)
ZAKARIA: Nixon hated the press because it was digging into the very story he was desperate to hide, that the White House was deeply involved in the Watergate cover-up.
His campaigns seemed to work. Early in his second term Nixon's approval ratings soared. But then came the first crack in the White House defense. In the summer of 1973, all of America was riveted by the Senate Watergate hearings.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: What did the president know and when did he know it?
(END VIDEO CLIP)
ZAKARIA: As the country watched White House counsel, John Dean, turn on his president.
(BEGIN VIDEO CLIP)
JOHN DEAN, FORMER WHITE HOUSE COUNSEL: I began by telling the president that there was a cancer growing on the presidency.
(END VIDEO CLIP)
ZAKARIA: Dean testified that the Watergate burglars were blackmailing White House aides.
(BEGIN VIDEO CLIP)
DEAN: The White House was now being directly subject to blackmail and I didn't know how to handle it.
I told him I could only make an estimate that it might be as high as a million dollars or more. He told me that that was no problem.
(END VIDEO CLIP)
ZAKARIA: It was John Dean's word against the President of the United States.
(BEGIN VIDEO CLIP)
DEAN: I have no comment.
UNIDENTIFIED MALE: For nothing less than Richard Nixon's presidency may ride on whether the public believes John Dean or not.
(END VIDEO CLIP)
ZAKARIA: Most Republicans continued to stand by their president. But then, from a little-known White House aide a dramatic twist.
(BEGIN VIDEO CLIP)
ALEXANDER PORTER BUTTERFIELD, DEPUTY ASSISTANT TO PRESIDENT NIXON: My name is Alexander Porter Butterfield.
UNIDENTIFIED MALE: Mr. Butterfield, are you aware of the installation of any listening devices in the Oval Office of the president?
BUTTERFIELD: I was aware of listening devices, yes, sir.
(END VIDEO CLIP)
ZAKARIA: It was a bombshell.
UNIDENTIFIED MALE: The pressure is on the president to produce those tapes.
NAFTALI: Had it not been for the tapes I'm convinced Richard Nixon would have completed his second term.
ZAKARIA: Instead, Nixon would spend the rest of his presidency trying to keep anyone from hearing them.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The White House made it clear today that President Nixon has decided not to release tapes of his conversation.
NIXON: If I were to make public these tapes the confidentiality of the Office of the President would always be suspect from now on.
(END VIDEO CLIP)
ZAKARIA: He fought subpoena after subpoena.
(BEGIN VIDEO CLIP)
NIXON: I have never heard or seen such outrageous, vicious, disturbed reporting.
(END VIDEO CLIP)
ZAKARIA: Even as he tried to convince the American people that Watergate was a press creation.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: What is it about television coverage of you in these past weeks and months that had so aroused your anger?
NIXON: Don't get the impression that you arouse my anger. One can only be angry with those he respects.
UNIDENTIFIED MALE: Mr. President, Mr. President --
(END VIDEO CLIP)
ZAKARIA: Finally, a drastic step.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Nothing like this has ever happened before.
UNIDENTIFIED MALE: Our offices have been sealed by the FBI.
(END VIDEO CLIP)
ZAKARIA: A mass firing of the men pursuing the tapes. The Saturday night massacre.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The news caused a sensation in the White House press room and sent reporters scrambling for their telephones.
UNIDENTIFIED MALE: A grave and profound crisis against the president has set himself against his own attorney general and the Department of Justice.
UNIDENTIFIED MALE: Does it have to do with the resignation of the attorney general?
UNIDENTIFIED MALE: Well, it might.
(END VIDEO CLIP)
ZAKARIA: By the time it was over the attorney general, the deputy attorney general, and the special prosecutor were all out.
NAFTALI: The bipartisan, American outrage changes the politics of the situation for Richard Nixon.
ZAKARIA: Tens of thousands of telegrams flooded Washington.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: So many Western Union was swamped, most of them demanding impeaching Mr. Nixon.
(END VIDEO CLIP)
[23:14:56] ZAKARIA: Nixon was forced to appoint a new special prosecutor. And as the months went on bit by bit, he was forced to turn over the tapes. They were as damning as he had feared. White House counsel John Dean's testimony turned out to be entirely accurate.
(BEGIN VOICE CLIP)
NIXON: How much money do you need?
DEAN: I would say these people are going to cost a million dollars over the next two years.
NIXON: You could get a million dollars. And you could get it in cash. I know where it could be gotten.
(END VOICE CLIP)
ZAKARIA: It was clear, Nixon's defenses were beginning to crumble.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Would you consider the crimes to be impeachable if they did apply to you? NIXON: Well, I've also quit beating my wife.
UNIDENTIFIED MALE: The meeting will come to order.
(END VIDEO CLIP)
ZAKARIA: In July of 1974, in a fact hearing room, the House judiciary committee began to debate removing the president.
(BEGIN VIDEO CLIP)
REP. PETER RODINO (D-NJ): Make no mistake about it, this is a turning point, whatever we decide.
(END VIDEO CLIP)
ZAKARIA: Committee Chairman Peter Rodino was a Democratic machine liberal from Newark, New Jersey, he was new to the job, some doubted whether he could handle it.
(BEGIN VIDEO CLIP)
REP. CHARLES SANDMAN (R-NJ): A highly partisan prosecution, if ever there was one.
(END VIDEO CLIP)
ZAKARIA: Many Nixon loyalist were angry and still immovable. For Republicans impeaching their president was tantamount to political suicide so they kept holding out for more evidence.
(BEGIN VIDEO CLIP)
SANDMAN: The weight of evidence must be clear. It must be convincing. And let's keep to those two words. You can't substitute them for anything else, clear and convincing. But you cannot and you should not, under any circumstance, attempt to remove the highest office in the world for anything less than clear and convincing.
(END VIDEO CLIP)
ZAKARIA: But as emotions began to run high the facts were calmly recited and documented. And something surprising happened.
(BEGIN VIDEO CLIP)
REP. LARRY HOGAN (R-MD): There's an obstruction of justice going on. Someone's trying to buy the silence of a witness.
(END VIDEO CLIP)
ZAKARIA: Nixon Republican Larry Hogan, the father of Maryland's current governor, was moved by the evidence.
(BEGIN VIDEO CLIP) HOGAN: The thing that's so appalling to me is that the president, when this whole idea was suggested to him, didn't in righteous indignation rise up and say get out of here, you're in the Office of the President of the United States how can you talk about blackmail and bribery and keeping witnesses silent, this is the presidency of the United States.
(END VIDEO CLIP)
ZAKARIA: One by one, conservatives who had revered the president put conscience over party.
(BEGIN VIDEO CLIP)
REP. CALDWELL BUTLER (R-VA): I cannot condone what I have heard. I cannot excuse it and I cannot and will not stand still for it.
REP. THOMAS RAILSBACK (R-IL): I wish the president could do something to absolve himself.
(END VIDEO CLIP)
ZAKARIA: Perhaps the most conservative southerner was Walter Flowers of Alabama. He had served as the segregationist George Wallace's campaign chairman.
REP. WALTER FLOWERS (D-): I wake up nights, at least on those nights I've been able to go to sleep lately, wondering if this could not be some sort of dream. Impeach the president of the United States.
(END VIDEO CLIP)
ZAKARIA: But he did vote to impeach. Even though Walter Flowers said it gave him an ulcer. Even the conservatives who stuck with the president reached across the aisle to say thank you.
(BEGIN VIDEO CLIP)
REP. TRENT LOTT (R-MS): I must admit, in all candidness, that it has been very fair.
REP. ROBERT MCCLORY (R-IL): This impeachment inquiry has been both historic and honorable.
(END VIDEO CLIP)
NAFTALI: Republicans understood that they were not going to carry their base if they voted for impeachment. And some of them did it anyway.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: All those in favor, signify by saying aye, all those opposed no. Mr. Donahue.
UNIDENTIFIED MALE: Aye. UNIDENTIFIED MALE: Mr. Brooks.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: Aye.
(END VIDEO CLIP)
ZAKARIA: The committee approved three articles of impeachment. Obstruction of justice, contempt of Congress, abuse of power.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Mr. Hutchinson.
UNIDENTIFIED MALE: No.
UNIDENTIFIED MALE: No.
UNIDENTIFIED MALE: No.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: No.
UNIDENTIFIED MALE: Aye.
UNIDENTIFIED MALE: No.
UNIDENTIFIED MALE: Mr. Rodino.
RODINO: Aye.
(END VIDEO CLIP)
ZAKARIA: Chairman Peter Rodino left the room and cried. Official impeachment would come later with a full House vote. But it never happened. Nixon's wall of Republican defenders had crumbled.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: There's a countdown of sorts on tonight, a countdown toward the expected end of the Nixon presidency. RON ZIEGLER, WHITE HOUSE PRESS SECRETARY: Tonight at 9 o'clock Eastern Daylight Time, the President of the United States will address the nation.
(END VIDEO CLIP)
[23:20:04] ZAKARIA: It was over.
(BEGIN VIDEO CLIP)
NIXON: I have never been a quitter. To leave office before my term is completed is abhorrent to every instinct in my body. But as president I must put the interests of America first. Therefore, I shall resign the presidency effective at noon tomorrow.
(END VIDEO CLIP)
ZAKARIA: The impeachment the framers had imagined, it worked. Democracy worked.
UNIDENTIFIED MALE: There is a president waving good-bye. You hear the applause.
ZAKARIA: But the scandal itself triggered a loss of faith in government and in politicians.
UNIDENTIFIED MALE: Did they read you your rights?
ZAKARIA: It would be 25 years before impeachment would come up again.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Your testimony is subject to the penalty of perjury. Do you understand that, sir?
CLINTON: I do.
(END VIDEO CLIP)
ZAKARIA: This time it was a completely different story.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
CLINTON: In all my life I wanted to be involved with people.
(END VIDEO CLIP)
ZAKARIA: In 1978, a bright eyed 32-year-old Bill Clinton was running for governor of Arkansas.
(BEGIN VIDEO CLIP)
CLINTON: I've tried to bring out the best in people through politics and I've really been very happy doing it. (BEGIN VIDEO CLIP)
ZAKARIA: He and his wife Hillary were also investing in some real estate. A nice little patch of land in the Ozarks called Whitewater. That plot of land on the white river, a two-bid real estate deal that ended up losing money would change the course of history.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Are you subject or a target --
UNIDENTIFIED MALE: Mrs. Clinton, did they read you your rights?
(END VIDEO CLIP)
ZAKARIA: Decades later.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The Whitewater controversy.
UNIDENTIFIED MALE: Whitewater.
UNIDENTIFIED MALE: Political turbulence over Whitewater.
(END VIDEO CLIP)
[23:24:59] ZAKARIA: Whitewater became a massive spiraling investigation. That led prosecutors to a sex scandal.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The ayes have it.
UNIDENTIFIED FEMALE: There it is.
UNIDENTIFIED MALE: William Jefferson Clinton is impeached.
(END VIDEO CLIP)
ZAKARIA: That became the second presidential impeachment in American history. How on earth did that little corner of Arkansas --
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I hereby deliver these articles of impeachment.
(END VIDEO CLIP)
ZAKARIA: -- explode into a constitutional showdown?
(BEGIN VIDEO CLIP)
PETER BAKER, AUTHOR, IMPEACHMENT: It was a two-bid real estate deal. And yet, somehow, one thing leads to another and we are on the House floor debating whether the president of the United States should be removed from office.
(BEGIN VIDEO CLIP)
CLINTON: I did not have sexual relations with that woman. Ms. Lewinsky.
(END VIDEO CLIP)
ZAKARIA: When we think of the Clinton impeachment, we think of a certain White House intern. But before there was Monica there were the McDougals, Jim and Susan. Clinton might never have been impeached if not for them. It was Jim McDougal who had convinced the Clintons to invest in Whitewater and they had other financial ties as well. So, when Jim and Susan landed in legal trouble for fraud.
(BEGIN VIDEO CLIP)
JIM MCDOUGAL, SUSAN MCDOUGAL'S HUSBAND: If I'm found guilty, I'll go to the slammer.
UNIDENTIFIED MALE: White water development is not going to go away. There are too many questions.
(END VIDEO CLIP)
ZAKARIA: The Clintons came under fire too.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Questions have been raised about the Clintons' financial and personal involvement with McDougal.
(END VIDEO CLIP)
BAKER: In the end nothing came of it in terms of the Clintons themselves but it planted the seed for something much bigger, something that would lead to this ultimate constitutional confrontation.
ZAKARIA: There was a growing drum beat for an independent counsel to investigate Whitewater.
(BEGIN VIDEO CLIP)
CLINTON: We did nothing improper and I have nothing to say about it.
UNIDENTIFIED FEMALE: Thank you.
CLINTON: Old story.
(END VIDEO CLIP)
ZAKARIA: Clinton had a fateful choice to make, block a special counsel and take a beating in the press.
UNIDENTIFIED MALE: It appears to be a case of the president's past coming back to haunt him.
ZAKARIA: Or give in. Leaving himself open to a potentially limitless investigation. The president gave in.
(BEGIN VIDEO CLIP)
CLINTON: I don't want to be distracted by this anymore. Let them look into it. I just want to go back to work.
(END VIDEO CLIP)
ZAKARIA: Years later he would call that decision one of the biggest miscalculations of his presidency.
BAKER: Once you have an independent counsel appointed with no budget and no limits, the prosecutors will keep looking for the crime until they can find it.
ZAKARIA: The first special prosecutor Robert Fiske.
(BEGIN VIDEO CLIP)
ROBERT FISKE, PROSECUTOR: Quickly and as thoroughly as possible --
(END VIDEO CLIP)
ZAKARIA: Vowed to wrap up his investigation quickly.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Let's get out of the way.
UNIDENTIFIED MALE: Will you guys get down.
(END VIDEO CLIP)
ZAKARIA: But he was replaced and his successor Ken Starr was far more aggressive.
(BEGIN VIDEO CLIP)
KEN STARR, FORMER UNITED STATES SOLICITOR GENERAL: Our job is to gather facts and to get at the truth.
(END VIDEO CLIP)
ZAKARIA: Expanding the inquiry way beyond Whitewater.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: How could that be? How is it Whitewater?
(END VIDEO CLIP)
BAKER: The investigation kind of leads in all these different directions. (BEGIN VIDEO CLIP)
NEWT GINGRICH, FORMER UNITED STATES SPEAKER OF THE HOUSE: This is truly a wildly historic night. I mean, this is just --
(END VIDEO CLIP)
ZAKARIA: No one could have been happier with Starr's aggressive approach than Newt Gingrich and the Republicans.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: There's been a sea change in American politics.
UNIDENTIFIED MALE: We're winning. We're winning.
(END VIDEO CLIP)
ZAKARIA: They had swept into Congress in 1994.
UNIDENTIFIED MALE: This is an earthquake.
ZAKARIA: Preaching a new gospel of strict, orthodox conservatism.
NAFTALI: Newt Gingrich reshapes the Republican Party. Our base wants this, we do this. We do not compromise with Democrats.
ZAKARIA: President Clinton became the Democrat the Republicans despised the most. He was morally corrupt, they said.
(BEGIN VIDEO CLIP)
CLINTON: I experimented with marijuana a time or two and didn't inhale.
(END VIDEO CLIP)
ZAKARIA: Creative with the truth.
(BEGIN VIDEO CLIP)
GENNIFER FLOWERS, SINGER: I was Bill Clinton's lover for 12 years.
(END VIDEO CLIP)
ZAKARIA: And a womanizer.
(BEGIN VIDEO CLIP)
CLINTON: These tabloid accusations were false.
(END VIDEO CLIP)
MICHAEL ISIKOFF, AUTHOR, UNCOVERING CLINTON: They viewed him as almost an imposter as president.
(BEGIN VIDEO CLIP)
STARR: The law is the law. The law is sacred.
(END VIDEO CLIP)
ZAKARIA: Meanwhile, Ken Starr had been digging into the Clintons for more than two years to no avail.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Are you going to be working for Congress or the courts or the public?
(END VIDEO CLIP)
ZAKARIA: His investigation was winding down.
(BEGIN VIDEO CLIP)
STARR: I'm not going to make any statements. Then out of the blue some explosive tape recordings came his way.
(BEGIN VOICE CLIP)
MONICA LEWINSKY, WHITE HOUSE AIDE: I never expected to feel this way about him.
(END VOICE CLIP)
ZAKARIA: Conversations with Monica Lewinsky.
(BEGIN VOICE CLIP)
LEWINSKY: We fooled around.
(END VOICE CLIP)
ZAKARIA: That was secretly recorded by her co-worker Linda Tripp.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: If you get to orgasm, that's having sex.
UNIDENTIFIED FEMALE: No, it's not.
UNIDENTIFIED FEMALE: Yes, it is.
UNIDENTIFIED FEMALE: No, it's not.
(END VIDEO CLIP)
ZAKARIA: Starr expanded his investigation even further to look into Lewinsky.
(BEGIN VIDEO CLIP)
ISIKOFF: My instant reaction was that's nuts. I couldn't believe Starr was going down this road.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Do you understand, sir, that your answers to my questions today are testimony that's being given under oath.
CLINTON: Yes.
(END VIDEO CLIP)
ZAKARIA: Starr learned that the president was testifying about Lewinsky in another matter.
(BEGIN VIDEO CLIP)
PAULA JONES, BILL CLINTON ACCUSER: It's just humiliating what he did to me.
(END VIDEO CLIP)
ZAKARIA: A sexual harassment lawsuit brought by Paula Jones.
(BEGIN VIDEO CLIP)
[23:29:58] UNIDENTIFIED MALE: Your testimony is subject to the penalty of perjury. Do you understand that, sir?
CLINTON: I do.
(END VIDEO CLIP)
ZAKARIA: In his testimony Clinton was not truthful about Lewinsky.
(BEGIN VIDEO CLIP)
CLINTON: I've never had sexual relations with Monica Lewinsky. I've never had an affair with her.
(END VIDEO CLIP)
ZAKARIA: Starr now had a case for perjury.
UNIDENTIFIED FEMALE: There are new allegations of infidelity and perjury this morning against President Clinton.
ZAKARIA: Over the next few months, all hell broke loose.
UNIDENTIFIED FEMALE: Charges of sex, lies, and audio tapes.
ZAKARIA: Clinton kept denying the affair.
CLINTON: There is no improper relationship. The allegations I have read are not true.
ZAKARIA: But Starr was able to get Monica Lewinsky's dress that had Clinton's DNA on it. The president was forced to tell the truth. CLINTON: Indeed I did have a relationship with Miss Lewinsky that was not appropriate. In fact, it was wrong.
UNIDENTIFIED MALE: This goes into considerable detail.
UNIDENTIFIED MALE: There was, in fact, semen on that dress.
UNIDENTIFIED MALE: Many viewers may find it somewhat offensive.
ZAKARIA: Starr released a detailed X-rated account of the scandal.
UNIDENTIFIED FEMALE (voice-over): Bringing her to orgasm on two occasions.
ZAKARIA: Listing 11 possible grounds for impeachment, including lying under oath and obstruction of justice. It's easy to forget in hindsight, but Bill Clinton was in real danger of being pushed out of office. Many of his fellow Democrats were furious with him.
PATRICK MOYNIHAN, FORMER NEW YORK SENATOR: Let justice be done, though the heavens fall.
UNIDENTIFIED MALE: If they came to the White House like the Republicans did with Nixon in 1974 and says your time is up, that would have been it.
ZAKARIA: But Clinton, the ultimate comeback kid --
CLINTON: I never should have misled the country.
ZAKARIA: -- was able to rally the party and the country back to his side.
CLINTON: I will continue to do all I can to reclaim the trust of the American people and to serve them well.
ZAKARIA: His behavior may have been reprehensible, his allies said, but he was hardly the threat to the republic that impeachment was designed for. The American public agreed.
(APPLAUSE)
ZAKARIA: The Democrats scored a shocking upset in the midterm elections, gaining seats in the House.
BOB WOODWARD, ASSOCIATE EDITOR, THE WASHINGTON POST: The Lewinsky issue didn't carry any weight.
UNIDENTIFIED MALE: I'd say Republicans got stopped (ph).
ZAKARIA: Newt Gingrich who had predicted a big Republican victory --
NEW GINGRICH, FORMER SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES: We have a chance to win some very startling victories all over the country.
ZAKARIA -- lost his job as speaker.
UNIDENTIFIED MALE: Shouldering the blame for a disappointing election.
TIMOTHY NAFTALI, CNN PRESIDENTIAL HISTORIAN: Impeachment is a two- edged sword. You may intend to use it against your executive enemy, but it could very well hurt you even more politically.
ZAKARIA: President Clinton was thrilled, thinking he was in the clear.
UNIDENTIFIED MALE (voice-over): On Capitol Hill, Tom DeLay is known as "the hammer."
ZAKARIA: But hardcore conservatives led by House Majority Whip Tom DeLay were hell bent on impeaching him anyway.
TOM DELAY, FORMER TEXAS REPRESENTATIVE: The House has no choice but to proceed with an impeachment inquiry.
ZAKARIA: Some Republicans preferred a lesser punishment for Clinton, censure rather than impeachment. But DeLay's political maneuvering took that option off the table.
PETER BAKER, MSNBC POLITICAL ANALYST, CHIEF WHITE HOUSE CORRESPONDENT FOR THE NEW YORK TIMES: Republicans were given a choice, you're either going to impeach him or you're going to let him off. Which is it going to be?
UNIDENTIFIED MALE: Article One is adopted.
UNIDENTIFIED MALE: We have witnessed history.
ZAKARIA: The House impeached Bill Clinton almost entirely along party lines.
UNIDENTIFIED MALE: The president resigned and his legacy will be forever scarred today.
UNIDENTIFIED MALE: On this article of impeachment.
ZAKARIA: In the Senate, he was easily acquitted.
UNIDENTIFIED MALE: William Jefferson Clinton is not guilty.
NAFTALI: In retrospect, the 1998-99 effort to impeach and remove Clinton is viewed as a partisan endeavor, because the American people spoke in the midterms in 1998 and said we don't really want to impeach this president.
ZAKARIA: After the Senate trial, Congress took the law that created Ken Starr's job and let it die.
UNIDENTIFIED MALE: No, I'm not going to comment.
ZAKARIA: But by partisan acknowledgment, the things had gone too far. UNIDENTIFIED FEMALE: Women will be silent no more.
(APPLAUSE)
ZAKARIA: But today in the "Me Too" era, Clinton's impeachment is being seriously reconsidered, his affair with a young intern seen by many as an abuse of power.
SEN. KIRSTEN GILLIBRAND (D-NY) PRESIDENTIAL CANDIDATE: My greatest mentor, Hillary Clinton.
(APPLAUSE)
ZAKARIA: Democrat Kirsten Gillibrand, who holds Hillary Clinton's old Senate seat and is now running for president --
GILLIBRAND (voice-over): Women's voices matter.
ZAKARIA: -- said in 2017 that Bill Clinton should have resigned.
GILLIBRAND: The kind of behavior that was tolerated a long time ago would never be tolerated today and we can't allow it to be tolerated today.
[23:35:00] (COMMERCIAL BREAK)
GEORGE W. BUSH: I, George Walker Bush, do solemnly swear --
ZAKARIA: When George Bush was sworn in as the 43rd president of the United States --
BUSH: So help me God.
UNIDENTIFIED MALE (voice-over): Congratulations.
(MUSIC PLAYING)
(APPLAUSE)
ZAKARIA: The cloud of Bill Clinton's impeachment still hung over the country.
UNIDENTIFIED MALE (voice-over): The president of the United States, George W. Bush.
(APPLAUSE)
ZAKARIA: What no one knew then was that a new kind of partisan warfare had been unleashed. Every president that came after Clinton has had to contend with impeachment fever.
UNIDENTIFIED MALE: Impeachment! Impeachment!
BAKER: It no longer seemed unthinkable to impeach a president.
UNIDENTIFIED FEMALE: He lied to us. He should be impeached. NAFTALI: Impeachment went from being something that you use only in moments of constitutional crisis --
UNIDENTIFIED MALE: Impeach king Obama.
NAFTALI: To something you use for everyday partisan battles. That is a horrible development for the American people.
UNIDENTIFIED MALE (voice-over): It is a grotesque site to look at.
ZAKARIA: After one of the most traumatic moments in American history, the country came together.
BUSH (voice-over): I can hear you. The rest of the world hears you. And the people --
(APPLAUSE)
BUSH: -- and the people who knocked these buildings down will hear all of us soon.
(APPLAUSE)
UNIDENTIFIED MALE: USA! USA! USA!
ZAKARIA: The country supported President Bush as he took the United States into battle to destroy Saddam Hussein's weapons of mass destruction. But there were none and the occupation of Iraq was a tragic mess.
[23:39:59] UNIDENTIFIED FEMALE: Bush can't have my son.
ZAKARIA: An anti-war movement grew quickly.
UNIDENTIFIED FEMALE: Bush lied to us!
ZAKARIA: And it used impeachment as a weapon.
UNIDENTIFIED FEMALE: Bring down these war criminals like Bush. He needs to be impeached.
ZAKARIA: Impeachment talk got louder.
UNIDENTIFIED FEMALE (voice-over): Will the House come to order?
ZAKARIA: And Democratic Congressman Dennis Kucinich introduced dozens of articles of impeachment. But the leader of the Democrats, Nancy Pelosi, wanted none of it.
REP. NANCY PELOSI (D-CA: Impeachment is off the table.
NAFTALI: Disagreements over policy were not intended by the founders to be the basis for a serious attempt at impeachment.
NOAH FELDMAN, PROFESSOR OF LAW, HARVARD LAW SCHOOL: It's not a crime or a misdemeanor under the constitution to make a mistake. ZAKARIA: After Bush's mistake, the country was totally polarized in its view of the president and the partisan gap was the widest ever recorded.
UNIDENTIFIED MALE (voice-over): Ladies and gentlemen, the president of the United States and the vice president of the United States --
ZAKARIA: Impeachment fever would only get worse under the next president.
BARACK OBAMA, FORMER PRESIDENT OF THE UNITED STATES: Change has come to America.
(APPLAUSE)
ZAKARIA: In 2008, Barack Obama was elected on a promise, to help heal the country's extreme partisan divide.
UNIDENTIFIED FEMALE: Yes, we can! Yes, we can!
ZAKARIA: But the candidate who had campaigned on "yes, we can" ran into a wall of Republican opposition.
UNIDENTIFIED MALE: Hell no, you can't.
ZAKARIA: The Tea Party formed around an almost fanatical opposition to Barack Obama. In 2010, it propelled a wave of new Republicans to Congress.
UNIDENTIFIED MALE: What does it feel like?
OBAMA: It feels bad.
ZAKARIA: This new hyperpartisan Congress presided over a growing impeachment movement.
JOSHUA MATZ, CONSTITUTIONAL LAWYER: When you promise that you're out to impeach the president, you can make a name for yourself, you can raise money, you can rally the base.
OBAMA: Impeach him. Really?
NAFTALI: Impeachment is not supposed to be used as a rallying cry to get people to vote for you. Both sides played around with it.
ZAKARIA: Impeachment campaigns against presidents Bush and Obama never gained legitimacy or real legislative support. So one could argue, who cares? It's only talk.
NAFTALI: If you play around with impeachment that way, over time, the American people are going to misunderstand its constitutional power and its necessity.
(APPLAUSE)
ZAKARIA: When Barack Obama left office, he was more popular than George Bush. But the gap between the people who loved him and the people who hated him was even larger than it had been with President Bush.
The stark polarization of the last few years is the worst in American history with one exception, the period around the civil war.
On April 15th, 1865, President Abraham Lincoln was assassinated. The country was still deeply divided over the civil war. Enter Andrew Johnson, the vice president who succeeded Lincoln. Johnson was a southern Democrat whom Lincoln had picked to create a national unity ticket. There are few things historians agree upon, but this is one. Andrew Johnson was one of America's worst presidents.
UNIDENTIFIED MALE (voice-over): He was essentially an incredibly racist neo-confederate who was dead set against Congress's program of reconstructing the south.
ZAKARIA: Republicans in Congress despised Andrew Johnson.
FELDMAN: He stood for the repression of African-Americans whom a war had just been fought to liberate.
ZAKARIA: President Johnson vetoed almost all the measures to give civil liberties and representation to blacks. The Republican- controlled Congress decided to wage a political war.
FELDMAN: It set an impeachment trap for him.
ZAKARIA: That trap was called the Tenure of Office Act.
FELDMAN: Congress passed a law over Johnson's veto that said he could not fire his own cabinet members.
ZAKARIA: When President Johnson fired his secretary of war, Edwin Stanton, the House approved 11 articles of impeachment against him, one of which accused the president of bringing Congress into ridicule and disgrace.
NAFTALI: Their entire approach to impeachment was partisan and ideological. However bad a president Andrew Johnson was, there were no grounds to remove him.
ZAKARIA: The country was one vote away from removing President Andrew Johnson from office, essentially because Congress did not like him or his policies.
MATZ: Johnson basically agreed to cease all of the behavior that had been so problematic, to go along with the congressional reconstruction program.
ZAKARIA: Historians today regard the impeachment trap as unconstitutional.
MATZ: Impeachment fell into disrepute.
ZAKARIA: Johnson's impeachment would serve as a warning about the consequences of a partisan impeachment in a sharply divided country.
[23:45:04] MATZ: It raises blood pressures. And in some perverse ways it actually makes impeachment harder to use when you might really need it.
(COMMERCIAL BREAK)
ZAKARIA: At the end of each of my specials, I've always stood before you and given you my views on the topic at hand. I'm going to do that now but in a slightly different way. Impeachment is such a combustible issue with political, legal and historical dimensions that I thought it best to ask the basic questions we all wonder about and then listen to what some of our experts had to say.
It's important to understand that impeachment is a political process. An impeachable offense is, at the end of the day, whatever Congress defines as such. But we live in a constitutional republic shaped by law and history. So what can we say about the mandate given to Congress under which it can impeach a president?
[23:49:59] In other words, what are high crimes and misdemeanors?
FELDMAN: High crimes and misdemeanors, which is the phrase used in the constitution, has a very concrete specific meaning. High means pertaining to high office. So if your crime or misdemeanor has nothing to do with your office, you're not really covered by the framer's idea of impeachment.
NAFTALI: If you look carefully at the reasoning of Republicans and Democrats who have voted for impeachment over the course of our history, you'll notice that they always come back to the idea that some action or some pattern of conduct by the chief executive represents a threat to our democracy and to our constitution.
ZAKARIA: Impeachment talk is in the air today, but it has been growing in frequency for a while.
MATZ: It really has been about 20 years from the Clinton impeachment that impeachment talk has so overtaken our political discourse. President Trump came to office with about one-third of the American public already supporting his impeachment. That's extraordinary.
ZAKARIA: And that gets us to the elephant in the room. Has Donald Trump committed offenses that could be considered impeachable? What does the Mueller report tell us?
FELDMAN: Obstruction of justice is a charge that was used both against Richard Nixon and against Bill Clinton. And if it's real, it's a very strong ground for impeachment.
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Oh, and there's --
ZAKARIA: Harvard law professor Noah Feldman says that when the president fired James Comey, he may have committed obstruction of justice. FELDMAN: My own view is that he could have done so if he did it with corrupt intent. It's true that the director of the FBI works for the president and the president has the right to remove him on any whim that me he might have. But the fact that the president can remove Comey doesn't mean that it is permissible for him to do it if he did it for gain.
ZAKARIA: To prove that, you need a smoking gun.
FELDMAN: It's very hard to prove corrupt intent.
ZAKARIA: And of course, this is the debate surrounding Trump with Attorney General William Barr asserting that the president did not obstruct justice and many others arguing that he did.
SEN. ELIZABETH WARREN (D-MA) PRESIDENTIAL CANDIDATE: Obstruction of justice is a serious crime. If there's going to be any accountability, accountability has to come from the Congress.
ZAKARIA: Feldman does see possible charges in another case, Michael Cohen's sworn testimony, that the president directed him to make an illegal payment to Stormy Daniels. Cohen says it was made to influence the election.
FELDMAN: A president who distorts the electoral process and breaks the law in doing so is someone who is potentially impeachable.
UNIDENTIFIED MALE: The president thinks it's a witch hunt.
ZAKARIA: As Congress unpacks the Mueller report, we will learn more of the details surrounding the allegation of obstruction of justice. But again, the crucial judgment will not be a legal one made in courts, but a political one made by Congress. Will it judge that Donald Trump obstructed justice in a way that warrants impeachment?
There was one area where I was surprised to find considerable agreement among our experts. All spoke with wariness about wielding the sword of impeachment.
NAFTALI: Impeachment is capital punishment for a presidency. It's something that Congress should not consider unless all other avenues are no longer open.
ZAKARIA: And what would an impeachment process look like in the deeply divided America that we live in today?
MATZ: A lot of folks think that impeachment just falls out of the sky like some kind of sort of Damocles (ph). I'm her to tell you that it doesn't. Congress has to decide whether impeachment is the right move.
ZAKARIA: If the inquiry into impeachment does not bring the public along, indeed move alongside public opinion, it could worsen the already broken reality of politics in Washington.
MATZ: It creates a crisis of domestic governance. It activates the worst kinds of partisan tribalism on all sides of the aisle. FELDMAN: The only circumstances where I would actively support impeachment would be where there was evidence so glaring that failure to impeach would essentially show the hypocrisy of the whole system.
ZAKARIA: In other words, America might be too polarized today to be able to deal with an impeachment honestly and responsibly. That is a dark verdict on the state of our politics, but it rings true, and it has a worrying consequence.
MATZ: When you live in a world of broken politics and when you live in a world of extraordinary partisan polarization, it just may not be possible to generate the consensus necessary to use the impeachment power. That's a scary thought. There may be circumstances where we just can't wait for the next election. And I don't have a reassuring answer to that.
[23:55:00] ZAKARIA: Throughout this special report, I've tried not to tell you what to think about this explosive issue, but to give you the facts and context to help you think. One thing is clear: the public needs to be educated about impeachment so that democratic government can function. I hope this program helps in that process. And that is our show. I'm Fareed Zakaria. Thank you for joining us.
(COMMERCIAL BREAK)
