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Presidential Citizens Medal Recipient Archibald Cox
In a legal career of more than 60 years that began with clerking for the legendary federal court Justice Learned Hand, Paul Douglas award-winner Archibald Cox was often part of the "establishment." But, in the great crisis of Watergate, he faced down a president without concern for that career.
Born in 1912, Professor Cox graduated from Harvard Law School in 1937, joining the Boston law firm of Ropes, Gray, Best, Coolidge and Rugg. He began his government career during World War II when he was appointed to the National Defense Board, and then to the Office of the Solicitor General. When the war ended, he returned to Harvard Law School, this time as a professor. While there he became an adviser and speech-writer for John F. Kennedy, then the junior senator from Massachusetts. Cox took a four-year leave beginning in 1961 to join the Kennedy administration as solicitor general. At a time when civil rights protesters were routinely chased with dogs and clubbed, he became JFK's point man on pursuing legal remedies to injustice, often appearing before the Supreme Court. Among the cases he was involved in were Baker vs. Carr, which set standards for reapportionment; Heart of Atlanta, which broke ground on public accommodations for all; South Carolina vs. Katzenbach, which upheld the Voting Rights Act; and Buckley vs. Valeo, which reformed campaign financing.
In May 1973, Watergate was still viewed by many as merely a third-rate burglary. Attorney General Elliott Richardson, a former law student of his, appointed him to the thankless job of special Watergate prosecutor. When the Senate investigation revealed the existence of audio tapes ordered by President Nixon, Special Prosecutor Cox subpoenaed them from his employer.
After two appeals of the subpoenas were turned down, the president offered to give the Senate and Cox written summaries of what was on the tapes. Cox turned down the deal. Nixon then ordered Richardson to fire him. But the attorney general refused to fire his former professor, and so did Assistant Attorney General William Ruckelshaus. Nixon then turned to the solicitor general, future Supreme Court candidate Robert Bork, who did carry out the order. The event became known as the "Saturday Night Massacre."
Nixon would resign less than a year later.
Professor Cox, whose great-grandfather, William Maxwell Evarts, defended President Andrew Johnson during impeachment proceedings in 1868, will be remembered for his uncompromising defense of the law against a chief executive. His status as a liberal hero was also ironic in that the New Englander had a reputation as a legal conservative, including harsh criticism of the Roe vs. Wade Supreme Court decision that made abortion legal. He became a critic of the Independent Counsel Act as well.
In his teaching career at Harvard and Boston University Law School, Cox established himself as one of the leading law educators of the 20th century. His handling of Vietnam Warprotests at Harvard remains a model of equanimity for college administrators.
Besides the Paul Douglas Ethics in Government Award, Professor Cox was also the recipient of the Thomas "Tip" O'Neill Citizenship Award. Mr. Cox died at his home in Brooksville, Maine of natural causes on the same day, May 29, 2004, as Sam Dash, chief counsel to the House Judiciary Committee during the Watergate scandal.
CITATION:
A renowned jurist, distinguished law professor, and exemplary public servant, Archibald Cox has devoted his career to defending the rule of law. As Solicitor General, he argued numerous landmark civil rights cases before the U.S. Supreme Court; as Special Prosecutor during a time of constitutional crisis, he carried out his responsibilities with moral courage and uncompromising integrity; and as Chairman of Common Cause, he worked vigorously for campaign finance reform, insistent on a government of, by, and for the people.
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Citizens Medal History
