August 9, 1995 - Part 2
August 9, 1995 - Part 2
(10:55:27) This appearance of impropriety standard, which is so much in vogue, today places the ultimate emphasis on how things look, or again more precisely, how they can be made to look, not whether they are right or wrong. Fear of appearing to do wrong prevents too many, in my view, from doing what is right. That is a prescription for weakness and paralysis. That is not the way I choose to live. I believe that no lawyer, no counsel, let alone a Counsel to the President, should shrink from his duty, from his professional obligations in order to protect his own image or standing. A lawyer should not-indeed ethically he cannot turn his back on his client because the political or media heat will be turned up because someone with an axe to grind or newspapers to sell may attempt to make totally proper conduct appear improper. But what about political judgment? Isn't the President a political figure? Shouldn't the President's Counsel be worried about the political impact, the public relations impact, the appearances of his advice and conduct? Of course he must. Of course he must exercise political judgment. Of course he must be concerned about appearances and public perceptions. And, as I said earlier, I too was concerned about appearances in July of 1993 when I disagreed with some of my senior fellow White House aides. But let me say something more fundamental. Let me say what I believed before I went to Washington and what I still believe after leaving Washington: When you are privileged, as I was, to hold high public office, ultimately-for me at least-the best public relations, the best political judgment requires adhering to the following principles. Do the right thing. Do the right thing. Realize that at times, your actions will be misunderstood, that you will be involved in conflict, that you will get bad press, very bad pressacknowledge your mistakes when they occur. Acknowledge your mistakes when they occur. No one is perfect, and mistakes do happen But if you acted correctly, defend yourself, defend yourself publicly and defend those around you in an open, honest and forthright manner. Be principled, be consistent and strong. Most important, when you get to the White House, as White House Counsel, worry less about tomorrow's headlines and more about the judgment of history. These tenets, these principles which we in the legal profession whether we're from New York, California or Florida or Washington or Arkansas or Illinois or Maryland or Massachusetts or Connecticut or Alabama or North Carolina or Utah or Alaska or Illinois or Washington-I said Illinois- and California, I said California The CHAIRMAN. You didn't miss anybody, Bernie. Mr. CHERTOFF. You left out New Jersey. Mr. NUSSBAUM. These principles, which we in the legal profession strive to obtain when we're at our best, are too often missing in Public life. They need to be retrieved and revived, and I believe--I fundamentally believe that in the long term, even the intermediate term, maybe not the short term-but even the inter 1214 mediate term, they not only make for good Government, they make for good politics. What it comes down to is that the President of the United States, above all, is entitled to have a lawyer in the White House who will be and act unafraid. Such a counsel will serve his client and his country far better than one who is overwhelmed by a concern for appearances or protecting his own image. That is the counsel I tried to be. And that is why I look back without regrets. Thank you, Mr. Chairman. Thank you, Members of the Commit tee. The CHAIRMAN. Thank you, Mr. Nussbaum. We are now going to turn to Senator Hatch. Senator Hatch. OPENING COMMENTS OF SENATOR ORRIN G. HATCH Senator HATCH. Thank you, Mr. Chairman. Mr. Nussbaum, welcome to the Committee. We're happy you tool time to come today.