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LBJ's nominee, Fortas, was rejected by a Democratic Senate
Posted on: October 12, 2020 at 16:25:56 CT
JeffB MU
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Ethics scandal and resignation
https://en.wikipedia.org/wiki/Abe_Fortas#Ethics_scandal_and_resignation
Fortas remained an associate justice, but in 1969, a new scandal arose. Fortas had accepted a US$20,000 (US$139,437 in 2019 dollars[27]) retainer from the family foundation of Wall Street financier Louis Wolfson, a friend and former client, in January 1966.[28] Fortas had signed a contract with Wolfson's foundation. In return for unspecified advice, it was to pay Fortas $20,000 a year for the rest of Fortas's life (and then pay his widow for the rest of her life). Wolfson was under investigation for securities violations at the time, and it was alleged that he expected that his arrangement with Fortas would help him stave off criminal charges or help him secure a presidential pardon. He asked Fortas to help him secure a pardon from Johnson, which Fortas claimed that he did not do. Fortas recused himself from Wolfson's case when it came before the Court and had earlier returned the retainer but not until Wolfson had been indicted twice.[6]
Fortas's judicial reputation was also affected by the previous Johnson consultation and American University scandals.[16] The new Richard Nixon administration became aware of the Wolfson deal when a Life reporter began investigating the story. FBI director J. Edgar Hoover also mentioned a "tax dodge" Fortas had entered into with other judges, and Nixon concluded Fortas should be "off of there."[6] When Chief Justice Earl Warren was informed of the incident by the new Attorney General John N. Mitchell, he persuaded Fortas to resign to protect the reputation of the Court and avoid lengthy impeachment proceedings, which were in their preliminary stages.[6] Justice Hugo Black also urged Fortas to resign, but when Fortas said it would "kill" his wife, Black changed his mind and urged Fortas not to resign. Days after impeachment proceedings formally began with a resolution introduced by Rep. H. R. Gross (R-Iowa), Fortas decided resignation would be best for him and for his wife's legal career, he reportedly told his colleagues. William J. Brennan later said, "We were just stunned." Fortas later said he "resigned to save Douglas," another justice who was being investigated for a similar scandal at the same time.[6]
Fortas resigned from the Court on May 14, 1969.
In 1970, Louis Wolfson surreptitiously taped a private telephone call with Fortas. The transcript of this call was disclosed by Wolfson's lawyer, Bernard Fensterwald, to Washington Post reporter Bob Woodward in 1977. The Washington Post subsequently published several excerpts from the transcript, including language suggesting that Fortas might indeed have spoken with President Johnson about a pardon for Wolfson, but there is no evidence that it was a quid pro quo rather than a voluntary intervention for a friend. Wolfson was convicted of violating federal securities laws later that year and spent time in prison.
Fortas's seat on the Supreme Court was vacant for nearly the court's entire 1969–70 term. President Nixon eventually appointed Harry Blackmun as Fortas's replacement after the nominations of Clement Haynsworth and G. Harrold Carswell had failed.
https://en.wikipedia.org/wiki/Abe_Fortas#Ethics_scandal_and_resignation
Fortas remained an associate justice, but in 1969, a new scandal arose. Fortas had accepted a US$20,000 (US$139,437 in 2019 dollars[27]) retainer from the family foundation of Wall Street financier Louis Wolfson, a friend and former client, in January 1966.[28] Fortas had signed a contract with Wolfson's foundation. In return for unspecified advice, it was to pay Fortas $20,000 a year for the rest of Fortas's life (and then pay his widow for the rest of her life). Wolfson was under investigation for securities violations at the time, and it was alleged that he expected that his arrangement with Fortas would help him stave off criminal charges or help him secure a presidential pardon. He asked Fortas to help him secure a pardon from Johnson, which Fortas claimed that he did not do. Fortas recused himself from Wolfson's case when it came before the Court and had earlier returned the retainer but not until Wolfson had been indicted twice.[6]
Fortas's judicial reputation was also affected by the previous Johnson consultation and American University scandals.[16] The new Richard Nixon administration became aware of the Wolfson deal when a Life reporter began investigating the story. FBI director J. Edgar Hoover also mentioned a "tax dodge" Fortas had entered into with other judges, and Nixon concluded Fortas should be "off of there."[6] When Chief Justice Earl Warren was informed of the incident by the new Attorney General John N. Mitchell, he persuaded Fortas to resign to protect the reputation of the Court and avoid lengthy impeachment proceedings, which were in their preliminary stages.[6] Justice Hugo Black also urged Fortas to resign, but when Fortas said it would "kill" his wife, Black changed his mind and urged Fortas not to resign. Days after impeachment proceedings formally began with a resolution introduced by Rep. H. R. Gross (R-Iowa), Fortas decided resignation would be best for him and for his wife's legal career, he reportedly told his colleagues. William J. Brennan later said, "We were just stunned." Fortas later said he "resigned to save Douglas," another justice who was being investigated for a similar scandal at the same time.[6]
Fortas resigned from the Court on May 14, 1969.
In 1970, Louis Wolfson surreptitiously taped a private telephone call with Fortas. The transcript of this call was disclosed by Wolfson's lawyer, Bernard Fensterwald, to Washington Post reporter Bob Woodward in 1977. The Washington Post subsequently published several excerpts from the transcript, including language suggesting that Fortas might indeed have spoken with President Johnson about a pardon for Wolfson, but there is no evidence that it was a quid pro quo rather than a voluntary intervention for a friend. Wolfson was convicted of violating federal securities laws later that year and spent time in prison.
Fortas's seat on the Supreme Court was vacant for nearly the court's entire 1969–70 term. President Nixon eventually appointed Harry Blackmun as Fortas's replacement after the nominations of Clement Haynsworth and G. Harrold Carswell had failed.
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LBJ's nominee, Fortas, was rejected by a Democratic Senate - JeffB MU - 10/12 16:25:56Was his court stacked? I mean, that is really the question(nm) - 4TigersinMichigan MU - 10/12 15:41:16