There is a lesson from this story, one that holds that it is a black eye to everyone in the building when a Justice behaves unethically.
Mitchell threatened to reopen a closed case against Fortas’ wife, for which she had already been cleared. Republicans in Congress wanted to consider impeachment. But Nixon wanted something faster.
Nixon hosted a black-tie dinner at the White House, to honor Warren as he was stepping down as Chief Justice. It was a party Warren later described as “the most thrilling social event of my half century of public life.” A few weeks after the event, the DOJ was pressing Wolfson to testify that Fortas had done something improper for him. Wolfson refused. No matter.
Warren had done “the job well,” according to Nixon’s policy advisor, Ehrlichman. Indeed, Ehrlichman wrote in his memoir – that Warren “had persuaded Abe Fortas to resign, and suddenly we hadvacant seats on the court.” A spontaneous drinks party broke out in Attorney General Mitchell’s office when they learned of Fortas’ resignation. Nixon even called in to congratulate them.We may never know if Fortas’ ethical issues rose to the level of demanding a resignation .
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