The Law: Fie on the 14th

Berger barks again

Four years ago, a retired lawyer named Raoul Berger was catapulted from obscurity to national prominence by providing an important part of the constitutional interpretations leading to Richard Nixon's downfall. His book Impeachment, begun in 1969 with only the problem of bad federal judges in mind, happened to roll off the presses during the Ervin committee hearings in 1973; it forcefully argued that proof of a criminal violation was not required to remove a federal official. A year later the Harvard-based Berger published Executive Privilege, which demolished the President's cited historical precedents for withholding evidence.

Berger is not, however, a...

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