Jerry Zeifman, a lifelong Democrat, supervised the work of 27-year-old Hillary Rodham on the committee. Hillary got a job working on the investigation at the behest of her former law professor, Burke Marshall, who was also Sen. Ted Kennedy’s chief counsel in the Chappaquiddick affair. When the investigation was over, Zeifman fired Hillary from the committee staff and refused to give her a letter of recommendation – one of only three people who earned that dubious distinction in Zeifman’s 17-year career.
Why?
“Because she was a liar,” Zeifman said in an interview last week. “She was an unethical, dishonest lawyer. She conspired to violate the Constitution, the rules of the House, the rules of the committee and the rules of confidentiality.”
How could a 27-year-old House staff member do all that? She couldn’t do it by herself, but Zeifman said she was one of several individuals – including Marshall, special counsel John Doar and senior associate special counsel (and future Clinton White House Counsel) Bernard Nussbaum – who engaged in a seemingly implausible scheme to deny Richard Nixon the right to counsel during the investigation.
Why would they want to do that? Because, according to Zeifman, they feared putting Watergate break-in mastermind E. Howard Hunt on the stand to be cross-examined by counsel to the president. Hunt, Zeifman said, had the goods on nefarious activities in the Kennedy Administration that would have made Watergate look like a day at the beach – including Kennedy’s purported complicity in the attempted assassination of Fidel Castro.
The actions of Hillary and her cohorts went directly against the judgment of top Democrats, up to and including then-House Majority Leader Tip O’Neill, that Nixon clearly had the right to counsel. Zeifman says that Hillary, along with Marshall, Nussbaum and Doar, was determined to gain enough votes on the Judiciary Committee to change House rules and deny counsel to Nixon. And in order to pull this off, Zeifman says Hillary wrote a fraudulent legal brief, and confiscated public documents to hide her deception.
The brief involved precedent for representation by counsel during an impeachment proceeding. When Hillary endeavored to write a legal brief arguing there is no right to representation by counsel during an impeachment proceeding, Zeifman says, he told Hillary about the case of Supreme Court Justice William O. Douglas, who faced an impeachment attempt in 1970.
“As soon as the impeachment resolutions were introduced by (then-House Minority Leader Gerald) Ford, and they were referred to the House Judiciary Committee, the first thing Douglas did was hire himself a lawyer,” Zeifman said.
The Judiciary Committee allowed Douglas to keep counsel, thus establishing the precedent. Zeifman says he told Hillary that all the documents establishing this fact were in the Judiciary Committee’s public files. So what did Hillary do?
“Hillary then removed all the Douglas files to the offices where she was located, which at that time was secured and inaccessible to the public,” Zeifman said. Hillary then proceeded to write a legal brief arguing there was no precedent for the right to representation by counsel during an impeachment proceeding – as if the Douglas case had never occurred.
The brief was so fraudulent and ridiculous, Zeifman believes Hillary would have been disbarred if she had submitted it to a judge.
Zeifman says that if Hillary, Marshall, Nussbaum and Doar had succeeded, members of the House Judiciary Committee would have also been denied the right to cross-examine witnesses, and denied the opportunity to even participate in the drafting of articles of impeachment against Nixon.
Of course, Nixon’s resignation rendered the entire issue moot, ending Hillary’s career on the Judiciary Committee staff in a most undistinguished manner. Zeifman says he was urged by top committee members to keep a diary of everything that was happening. He did so, and still has the diary if anyone wants to check the veracity of his story. Certainly, he could not have known in 1974 that diary entries about a young lawyer named Hillary Rodham would be of interest to anyone 34 years later.
But they show that the pattern of lies, deceit, fabrications and unethical behavior was established long ago – long before the Bosnia lie, and indeed, even before cattle futures, Travelgate and Whitewater – for the woman who is still asking us to make her president of the United States.
Franklin Polk, who served at the time as chief Republican counsel on the committee, confirmed many of these details in two interviews he granted me this past Friday, although his analysis of events is not always identical to Zeifman’s. Polk specifically confirmed that Hillary wrote the memo in question, and confirmed that Hillary ignored the Douglas case. (He said he couldn’t confirm or dispel the part about Hillary taking the Douglas files.)
To Polk, Hillary’s memo was dishonest in the sense that she tried to pretend the Douglas precedent didn’t exist.
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A final note about all this: I wrote my first column on this subject because, in the aftermath of Hillary being caught in her Bosnia fib, I came in contact with Jerry Zeifman and found his story compelling. Zeifman has been trying to tell his story for many years, and the mainstream media have ignored him. I thought it deserved an airing as a demonstration of how early in her career Hillary began engaging in self-serving, disingenuous conduct.
Disingenuously arguing a position? Vanishing documents? Selling out members of her own party to advance a personal agenda? Classic Hillary. Neither my first column on the subject nor this one were designed to show that Hillary is dishonest. I don’t really think that’s in dispute. Rather, they were designed to show that she has been this way for a very long time – a fact worth considering for anyone contemplating voting for her for president of the United States.
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