MAN OF THE YEAR: Judge John J. Sirica: Standing Firm for the Primacy of Law

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finally stand against a declaration of the President of the United States on any but the strongest possible evidence." Nonetheless, he would have to examine the tapes himself in order to determine whether the President's case for not yielding them was valid. "In all candor," Sirica said, "the court fails to perceive any reason for suspending the power of courts to get evidence and rule on questions of privilege in criminal matters simply because it is the President of the United States who holds the evidence." Asked Sirica rhetorically: "What distinctive quality of the presidency permits its incumbent to withhold evidence? To argue that the need for presidential privacy justifies it is not persuasive." As for impeachment, that could be "the final remedy" in "the most excessive cases," but "the courts have always enjoyed the good faith of the Executive Branch." Sirica, in short, would not expect Nixon to ignore a court order.

White House Turnabout on Giving Up Tapes

Sirica had the satisfaction of seeing his opinion essentially upheld by the Circuit Court of Appeals, which observed: "Though the President is elected by nationwide ballot and is often said to represent all the people, he does not embody the nation's sovereignty. He is not above the law's commands."

On Oct. 19 Nixon announced that he would not appeal the case to the Supreme Court. Instead, he would make available a summary of each of the subpoenaed tapes and would allow Senator John Stennis of Mississippi to listen to the tapes to see if the summary was accurate. There was no reason for Prosecutor Cox to accept that unilateral arrangement, since he had a far better chance of getting the tapes themselves under Sirica's order. So Cox objected—and was fired by Nixon. Declared Cox after he was ousted: "Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people to decide."

The clamor of public protest that followed the Cox dismissal and the virtually simultaneous resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus shocked the White House. At first Counselor Wright, on the following Tuesday, Oct. 23, was prepared to argue before Sirica that the Stennis compromise met the thrust of the Court of Appeals' suggestion that an out-of-court solution to the tapes impasse be found. But clearly it did not meet Sirica's order to produce the tapes. Although Sirica will not say what he intended to do about it, he does admit that he "was prepared to act." Other judicial sources expected him eventually to cite the President for contempt of court. Suddenly, however, Nixon changed his mind, ordered Wright to tell Sirica that he would "fully comply" with the subpoenas for the tapes. When Wright did so, astonishing almost everyone in Sirica's courtroom, the clearly incredulous judge smiled broadly and said: "Mr. Wright, the court is very happy the President has reached this decision."

The court was not at all happy, however, when another White House counsel, J. Fred Buzhardt, informed Sirica on Oct. 30 that two of the nine subpoenaed tapes were "nonexistent" because they had never been made. Sirica scowled even more sternly on Nov. 21 when Buzhardt