npr--2020-12-11--'Bad Behavior By People In High Office': Rachel Maddow On The Lessons Of Spiro Agnew

'Bad Behavior By People In High Office ' : Rachel Maddow On The Lessons Of Spiro Agnew This is FRESH AIR .
I 'm Dave Davies , sitting in for Terry Gross .
My guests , Rachel Maddow and Mike Yarvitz , have collaborated on a new book called `` Bag Man : The Wild Crimes , Audacious Cover-Up , And Spectacular Downfall Of A Brazen Crook In The White House . ''
The brazen crook was Richard Nixon 's vice president , Spiro Agnew .
The book , just released this week , is an update of their popular @ @ @ @ @ @ @ which was released in October 2018 .
`` Bag Man '' tells the largely forgotten story of how Agnew came under investigation by federal prosecutors for bribery and , before he was forced to resign , did everything to try and stay in office , including attacking the press and trying to shut down the investigation .
Surprising twists were uncovered for the podcast after listening to the Nixon White House tapes .
Revelations in their new book include a litany of other felony charges against Agnew that were contemplated by the Justice @ @ @ @ @ @ @ about the Justice Department 's policy , born out of the Agnew crisis , that a sitting president is immune from prosecution .
It was that policy that constrained Robert Mueller from considering criminal charges against President Trump during the Russia investigation .
Rachel Maddow is the host of MSNBC 's `` The Rachel Maddow Show . ''
She co-wrote `` Bag Man '' with Mike Yarvitz , a former senior producer of her show .
Terry spoke to them in January 2019 .
TERRY GROSS , BYLINE : Rachel Maddow , Mike @ @ @ @ @ @ @ Congratulations on your podcast , which has now gotten over 10 million downloads .
When thinking about questions surrounding President Trump , like , did he obstruct justice ?
Did he commit impeachable offenses ?
Might we face a constitutional crisis ?
- people tend to look at Richard Nixon and Watergate .
But you 've looked at his vice president , Spiro Agnew .
What made you think about investigating Agnew ?
RACHEL MADDOW : For me , I feel like there are a lot of presidential scandals in U.S. history , @ @ @ @ @ @ @ that result in resignation and/or impeachment .
And I was really interested in Agnew just because he 's one of that very small number of presidential or vice presidential scandals that rose to that level but also because I realized that when I tried to sort of thumbnail in my mind what happened in the Agnew resignation , everything I thought about it was wrong .
All of my impressions about it ( laughter ) turned out to be wrong when I looked them up .
And for me , that piqued my @ @ @ @ @ @ @ embarrassed listening to your podcast 'cause I knew so little .
Like , I had n't spent that much time thinking about why Agnew left office , and I was just shocked by ( laughter ) everything I learned .
MADDOW : Well , that 's not an uncommon thing , and that - what - I think Mike and I found that same dynamic at work even as we had started working on the podcast .
I mean , I assumed that his big sin was tax evasion .
I had assumed @ @ @ @ @ @ @ you know , that the FBI was looking into Watergate-related crimes , and they stumbled upon something in Spiro Agnew 's taxes .
I had assumed that Agnew was kind of no big deal as a vice president because he 's kind of no big deal in history .
All of those things were completely wrong .
The history of it is just - is not what we remember if we remember that history at all .
And so it 's nice to find something in history that 's brand new ( laughter @ @ @ @ @ @ @ we get to what Agnew was guilty of , before we get his bribery and extortion scheme , let 's just give some background .
Before serving as vice president , he 'd been elected the Baltimore County executive in 1962 , then governor of Maryland in '66 .
What did Agnew represent politically when he was campaigning for vice president , when he became vice president ?
What did he represent on the right ?
Because he was kind of part of the culture war in the late '60s before the term @ @ @ @ @ @ @ : Yeah , I think that 's right .
I think one of the interesting things that we found was that he really was this sort of firebrand figure on the right in a way that Nixon really was n't .
He sort of was able to rile up the conservative base across the country .
He spoke in very controversial language at times about issues of race and , you know , law and order .
I think one of the sort of interesting things that 's , you know , sort @ @ @ @ @ @ @ political figure is how much , in a lot of ways , he was much more beloved among the Republican base , much more so than Nixon was .
What sort of manifests itself during this scandal is that Nixon really sort of needs Agnew on his side because he knows , in a way , that Agnew is much more popular with the Republican base in the country than even he is .
So I think , as Rachel 's alluding to , this sort of - the political history of Spiro @ @ @ @ @ @ @ of forgotten , but he did a lot to sort of raise these issues in the Republican base about antagonizing the media and these sort of - these racial issues that have - more sort of bubbling on the right in the '60s .
And it 's sort of a forgotten part of his legacy .
GROSS : With the help of his speechwriter , William Safire , he said phrases like - referring to his critics - calling them pusillanimous pussyfooters .
Pusillanimous means lacking courage and resolution .
He called his @ @ @ @ @ @ @ there 's a great quote that you use in the podcast .
He said , if you tell me that the hippies and the yippies are going to be able to do the job , I 'll tell you this .
They ca n't run a bus .
They ca n't serve in governmental office .
They ca n't run a lathe in a factory .
All they can do is lay down in the park and sleep or kick policemen with razor blades .
MADDOW : I would say he 's provocative @ @ @ @ @ @ @ the attack in other instances on minorities , the attack on the elites , the attacks specifically on the media , which he really turned into an art form , is something that was key not only to his controversial nature at the time , but it 's absolutely what Nixon needed in terms of lining up and keeping on his side the very hardline Republican base at the time .
And I think that was part of what was interesting in terms of parallels to today .
I think a lot of @ @ @ @ @ @ @ stuff that is stoked by the Trump administration , the anti-elite stuff , some of the divisive and racially specific stuff that we 're seeing from this administration .
But it 's not new .
It 's really ( laughter ) - it 's a well-trod path , and Agnew was great at it .
GROSS : Do you think Agnew kind of creates a new playbook for the kind of language you can use in campaign for high office ?
MADDOW : I mean , he was really quite eloquent , actually @ @ @ @ @ @ @ ( laughter ) .
I mean , Mike , one of the things , I think - you can correct me if I 'm wrong .
But I feel like when we were going through his most controversial statements , one of the things that was sort of mind-bending for us - at least for me - was to be both seeing all the parallels to sort of Trumpist Republicanism today and to be seeing somebody who had this , you know , $ 20 million vocabulary and all the alliteration and all @ @ @ @ @ @ @ in complete sentences .
I mean , that was kind of a disconnect for me .
GROSS : So let 's get to the bribery and extortion scheme that he was part of in Maryland .
What was the scheme ?
YARVITZ : Yeah .
Essentially , it was a scheme that he had concocted when he was Baltimore County executive , where he realized that he had the power to award some local contracts for engineering and architecture , and he could singlehandedly decide who got the contract .
And what he @ @ @ @ @ @ @ his time in that office .
But he would arrange with these local contractors , engineers and architects that they would get the contract .
And in return , they would kick back to him something on the order of 3 to 5 % of whatever they were making off of that contract .
And these were kickbacks that were delivered to him in cash , often in an envelope that was just brought to him and handed to him directly .
In many cases , he used the bag man as part @ @ @ @ @ @ @ a scheme that he started when he was Baltimore County executive that he then continued when he was governor of Maryland .
And again , he used a state roads commissioner when he was governor .
And basically , it was a kickback scheme .
It was a bribery and extortion scheme in which , if you wanted a government contract in Maryland , you would have to kick back money to Spiro Agnew .
And it was brazen , and it was delivered in cash .
And he started that scheme in @ @ @ @ @ @ @ it right into the White House .
GROSS : How did it continue into the White House ?
YARVITZ : Well , when he was vice president , he did n't have as much power to award contracts .
That 's a federal process .
But when he became vice president , he was still taking money for contracts that had ripened , essentially , that he had given out in Maryland as governor .
And so the men who were sort of streaming into his office at the White House were paying @ @ @ @ @ @ @ in Maryland .
And in some cases , he was trying to influence the awarding of federal contracts , and he was successful in a number of cases at steering federal contracts to these businessmen in Maryland who wanted these jobs .
MADDOW : There was this one great moment that we came across in the history of Agnew as a vice president where he tried to assert control over federal contracts on the Eastern Seaboard - General Services Administration contracts .
He essentially decided that he was going to be , as @ @ @ @ @ @ @ who those contracts went to .
And there was a sort of bewilderment about that in the Nixon White House .
Why does Agnew want to do this ?
And they ultimately did n't let him take that over .
But we can now see , knowing his criminal designs and knowing how his criminal scheme worked , that his effort to do that once he was vice president , which , again , failed , must have been an effort to get control of more contracts that he could then dole out @ @ @ @ @ @ @ him some cash .
GROSS : So once the Maryland federal prosecutors found out about talk of this bribery and extortion scheme involving Agnew , they wanted to investigate and see what they can find .
They needed the green light from the newly appointed Attorney General Elliot Richardson .
He was appointed in the spring of 1973 .
Richardson had already appointed a special prosecutor to investigate Watergate .
So what was Richardson 's reaction when he was told by his prosecutors that they wanted to investigate the vice president on bribery @ @ @ @ @ @ @ in an amazing situation here because he was not only the attorney general - the third Nixon attorney general at that point .
The first two had resigned in Watergate-adjacent scandals of their own .
He 's the third Nixon attorney general .
There is the special prosecutors looking into Watergate .
He 's responsible for that , to a certain extent , as attorney general .
But he 's also become a sounding board for Nixon himself .
Nixon is frequently , personally calling Elliot Richardson at that point to complain about @ @ @ @ @ @ @ the scandal surrounding him .
And that gives Richardson an insight into the president 's state of mind and how much this investigation is affecting him and distracting him and dominating his life as president .
And on top of that , a totally unrelated scandal is brought to his desk from these Baltimore prosecutors , who had not started off investigating Agnew .
They had just started investigating what was known to be a public corruption problem in Maryland .
But they did not expect that it would take them to the @ @ @ @ @ @ @ but it did .
By the time they came to Richardson , they had a ton of evidence against the sitting vice president .
And they were essentially bringing him something brand new and something potentially equally catastrophic for the White House to the Watergate scandal he was already dealing with .
GROSS : So Richardson is getting pressured by Agnew , like , do n't do anything about this .
Richardson could have put a stop to this right there , but he did n't .
YARVITZ : He could have .
@ @ @ @ @ @ @ sort of dramatic scenes that plays out in this podcast and that the prosecutors recounted for us is this July 3 , 1973 meeting , where they 're going to the Justice Department to meet with Richardson for the first time .
And they know that they 've got this sort of bombshell on their hands .
They understand Watergate is going on at the time .
And the consequences of this are incredible .
Going into that meeting , as they recount , they do n't know what Elliot Richardson is going @ @ @ @ @ @ @ out all of this evidence that they 've collected against the sitting vice president , they 're sort of looking at Elliot Richardson 's face , trying to sort of calculate what he 's going to do .
And Richardson , during this meeting , is being called out of the room for phone calls from the White House about Watergate from Nixon , from Al Haig .
And so it 's incredible pressure that Elliot Richardson is under at the time , which the prosecutors are aware of .
And it 's @ @ @ @ @ @ @ meeting that it becomes clear to the prosecutors that Elliot Richardson is not going to shut this investigation down .
He understands the importance of it .
And he basically gives them the green light to keep investigating and that they would keep this investigation secret , including from the White House , until such time as they needed to sort of move forward with a more formal part of the investigation .
And so Richardson , in a real way , is the person who sort of allows this investigation to sort @ @ @ @ @ @ @ it needs to .
GROSS : You also have on tape Agnew saying , get this thing - the investigation - get this thing over with , and get this guy Skolnik - one of the prosecutors - who 's a Muskie volunteer , the hell out of his office .
Where did you find that statement ?
YARVITZ : Well , that one we found on one of these Nixon White House tapes , which was a conversation that Spiro Agnew was having with Richard Nixon in the Oval Office .
And @ @ @ @ @ @ @ you talk about the sort of elements of obstruction and the efforts to shut down this investigation , that was - that seemed to be a prime motivator for Spiro Agnew , which was to get this federal prosecutor , Barney Skolnik , who was the lead prosecutor on this three-man team - to get him thrown off the case .
And , you know , as - one of the things that was sort of amazing to find is that Barney Skolnik had never known about that .
And ...
GROSS : @ @ @ @ @ @ @ YARVITZ : Until we played it for him .
And it was something that he had not known .
And again , it 's a credit to his boss at the time , George Beall , that he that he did n't know that because that pressure , those efforts to get him thrown off the case - they never sort of got through to him .
And so , in a real way , these federal prosecutors - and they say it - they were just doing their job .
They were @ @ @ @ @ @ @ this or anything like that .
But I think when Barney Skolnik was able to see on tape that part of the obstruction effort was to get him fired , essentially , off the case , that was a surprising moment that we were able to sort of reveal to him for this - for the series .
GROSS : So let 's play some of prosecutor Barney Skolnik 's reaction when you played that tape for him .
SPIRO AGNEW : Get this thing over with , and get this guy Skolnik @ @ @ @ @ @ @ the hell out of this office .
BARNEY SKOLNIK : Oh , there 's my name .
Wow .
Agnew said my name .
Oh , joy .
Get this thing over with , and get this guy Skolnik , who 's a Muskie volunteer , the hell out of this office .
Oh , man .
You got to give me a copy of this .
YARVITZ : You got it .
SKOLNIK : Oh , wow - makes my whole life worthwhile ( laughter ) .
DAVIES : If you 're @ @ @ @ @ @ @ to an interview with Rachel Maddow and Mike Yarvitz , who collaborated on the podcast Bag Man , about the bribery and extortion scandal surrounding Nixon 's first vice president , Spiro Agnew , and how Agnew was subsequently forced out of office .
A new book based on their reporting for the podcast , also called `` Bag Man , '' was published this week .
We 'll hear more of Terry 's interview with Maddow and Yarvitz after this break .
This is FRESH AIR .
DAVIES : This is FRESH @ @ @ @ @ @ @ interview Terry recorded last year with MSNBC host Rachel Maddow and Mike Yarvitz about their podcast series Bag Man .
It tells the story of the bribery and extortion investigation which forced Richard Nixon 's vice president Spiro Agnew .
Maddow and Yarvitz have collaborated on a new book with some new material about the story , also called `` Bag Man . ''
GROSS : There were many surprises for me in listening to your podcast `` Bag Man . ''
Perhaps the biggest was hearing - and I 'll set the @ @ @ @ @ @ @ this particular episode of the podcast not long after George H.W .
Bush 's funeral .
And there was a kind of - a whole week of the news networks , basically , talking most of the time about George H.W .
Bush 's presidency , what a model president he was .
And suddenly , his name crops up in your podcast about George H.W .
Bush 's presidency - what a model president he was .
And suddenly , his name crops up in your podcast about the Agnew bribery and @ @ @ @ @ @ @ down the investigation .
Tell us how George H.W .
Bush comes up in this .
MADDOW : So when Agnew and the Nixon White House were trying to put together a scheme to shut down this prosecution of Agnew , they lit on this idea that the U.S. attorney in Maryland who was leading the investigation - that he could be pressured through his family to stop this thing .
So the White House needed somebody to put that pressure on him .
Nixon says on tape that he 's not going @ @ @ @ @ @ @ , and so Nixon 's staff is like , oh , no , no .
Sir , of course , you ca n't do that yourself .
It seems like Agnew did a little bit of it himself .
There was a lot of discussion about different senior White House figures being asked to go put that pressure on that senator .
But ultimately , for a variety of reasons , the person - or one of the persons who they decided to dispatch to pressure that senator , to try to shut @ @ @ @ @ @ @ the Republican National Committee , the head of the Republican Party , who was George H.W .
Bush .
GROSS : So we know that he actually went to the senator 's office to try to get him to pressure his brother to stop the investigation .
But do we really know what he said ?
We know he had the meetings , but I was wondering , like , did H.W .
Bush go to the senator and say , I was told to tell you this .
I 'm telling you @ @ @ @ @ @ @ to do it .
I 'm just telling you I was told to tell you this .
I 've told you this .
Goodbye .
And thank you .
GROSS : Do you know what I mean ?
GROSS : So it 's - that 's like I 'm ...
GROSS : ...
Doing my job .
I 'm telling you , but I 'm not pressuring you .
I 'm just reporting what they told me to tell you in a neutral way .
MADDOW : It 's - you know , @ @ @ @ @ @ @ what happened between George H.W .
Bush and this Republican senator .
But , I mean , Mike was able to turn up pretty good evidence on both sides of the request and what was apparently the delivery of the pressure by George H.W .
Bush .
So we at least can see some of the documentation of it , right ?
YARVITZ : That 's - yeah , that 's right .
We can hear , obviously , the White House tapes where Al Haig is informing President Nixon that he 's @ @ @ @ @ @ @ I did it through George Bush on the first run , meaning , I spoke to George Bush and told him to deliver this message to the senator to get through to his brother .
And so we know , from that end , that Al Haig and Richard Nixon oversaw this effort to have George Bush do that .
And one of the things that we found in reporting out this story was the trip that I took to George Beall 's archives at Frostburg State University in Maryland , where he @ @ @ @ @ @ @ in his archives in which he memorializes , for the record , the fact that his brother - the sitting Republican senator Glenn Beall - did relay a conversation that was had with him by George Bush .
And we do n't know the exact nature of the conversation , but it was part of this effort from Agnew to say that these prosecutors were intimidating people and were conducting this investigation in an unprofessional manner .
And we can see in this memo - the file from that summer of 1973 - @ @ @ @ @ @ @ was then Republican Party chairman , did speak to the Republican senator there to try to get word to his brother about this investigation .
GROSS : Mike Yarvitz , a former producer at MSNBC , and Rachel Maddow speaking with Terry Gross last year about their podcast series Bag Man .
Maddow and Yarvitz have collaborated on a new book with some new material , also called Bag Man .
You 'll hear more of their conversation after a break .
This is FRESH AIR .
DAVIES : This is FRESH AIR @ @ @ @ @ @ @ for Terry Gross .
We 're listening to Terry 's interview with MSNBC host Rachel Maddow and journalist Mike Yarvitz about their podcast Bag Man , which detailed the criminal investigation that forced Richard Nixon 's vice president Spiro Agnew to resign in 1973 .
Federal investigators found evidence that Agnew was involved with bribery and extortion while he was Baltimore County executive and governor of Maryland and that he continued to collect bribe money while he was vice president .
Once the Agnew investigation came to light , there were persistent efforts @ @ @ @ @ @ @ down .
Maddow and Yarvitz have collaborated on a new book based on their reporting for the podcast , with new some material about the case .
It 's called `` Bag Man : The Wild Crimes , Audacious Cover-Up , And Spectacular Downfall Of A Brazen Crook In The White House . ''
GROSS : So you found something , Mike , that the prosecutors did n't even know at the time .
And that - this was - there was a secret plan that Agnew had to shut down the investigation @ @ @ @ @ @ @ ?
YARVITZ : Yeah , you know , it 's an interesting part of us digging into the story - was looking through the Nixon White House recordings .
And , obviously , those recordings have been very picked over as it relates to Watergate but not as picked over as it relates to the Agnew scandal .
And what we found as we were sort of listening through the recordings was this effort that Spiro Agnew developed behind the scenes with Richard Nixon and with H.R .
Haldeman and other White House @ @ @ @ @ @ @ investigation that was being led by the U.S. attorney in Maryland - a man named George Beall .
And the way that Agnew tried to do it was by getting to George Beall 's brother , who was a sitting Republican senator from Maryland named Glenn Beall .
And what you hear in these tapes is this really elaborate plan that Spiro Agnew is discussing in the Oval Office with Richard Nixon and others to basically get to this Republican senator behind the scenes and have him essentially get word to his brother @ @ @ @ @ @ @ as you mentioned , this was an obstruction effort that the prosecutors at the time did n't know about .
And one of the surprising and amazing things to us as we were putting together this podcast was that even 45 years later , they were n't aware of it .
And so their reaction now to hearing about this effort to obstruct and end their investigation - it was a revelatory moment in putting together this podcast , which is that they were completely unaware .
And the reason that they were @ @ @ @ @ @ @ obstruction effort did n't work .
And George Beall , their boss , the U.S. attorney , was getting that pressure from his brother .
And he shut it down .
He did n't let it get to his federal prosecutors who were working on the case .
GROSS : He shut down the attempt to shut down the investigation ( laughter ) .
YARVITZ : That 's right .
That 's right .
YARVITZ : He resisted that pressure that was coming at him from the Nixon White House and from his @ @ @ @ @ @ @ case anybody is finding the story hard to follow - so George Beall is the federal prosecutor in Maryland overseeing the investigation into Agnew .
His brother is a Republican sitting senator from Maryland , who 's getting pressured from the White House .
So the senator 's being pressured to tell his brother , the prosecutor , shut it down .
And - yeah .
MADDOW : The other nice dynamic at work there is that George Beall 's older brother , the U.S. senator - he really owed his Senate seat @ @ @ @ @ @ @ Agnew had weighed in very heavily during his election campaign to help him win that seat .
George and Glenn , the brothers - their father had previously held that U.S. Senate seat .
He had been ousted by a Democrat .
Nixon and Agnew in the White House weighed in to help the Beall family , to help George Beall 's older brother win that seat back that their father had previously held .
The Beall family was absolutely indebted to the Nixon White House , to Agnew personally because he campaigned @ @ @ @ @ @ @ figure in Maryland politics for them to win it .
And so for then little brother George Beall to turn around and bring a prosecution against Agnew when his family was so politically and personally indebted to Agnew and when Agnew was reminding them of that at every turn and bringing all of these different Republican graybeards and important people to weigh in to try to pressure this investigation to stop - I mean , George Beall was a heroic figure here in the way that he resisted the pressure that was brought @ @ @ @ @ @ @ prosecutors understood Agnew 's involvement in this bribery and extortion scandal , we had a president under criminal investigation - Richard Nixon , Watergate - and now a vice president under a completely separate criminal investigation .
What was the unique set of problems that this presented for prosecutors ?
MADDOW : Prosecutors , at the time , I think were already - well , prosecutors writ large .
I think the Justice Department , the attorney general , Elliot Richardson , at the time , was already faced with the enormity of @ @ @ @ @ @ @ lead to the end of the Nixon presidency , whether he was somehow prosecuted , whether he resigned , whether the pressures of the Watergate investigation were somehow going to end his presidency one way or another .
That was already such an almost , you know , sort of politically apocalyptic scenario that they were facing .
They were blindsided when they were confronted by the evidence that Agnew was also existentially challenged as a senior figure in the federal government because of his own totally unrelated scandal .
And the prospect @ @ @ @ @ @ @ that Nixon would have to leave the presidency , but then Agnew would ascend to the presidency because he was the vice president , even though the Justice Department was well aware that he was under serious criminal investigation - he was potentially facing a 40-count criminal indictment - that , I think , was a terrifying and totally unique prospect in U.S. history .
I mean , theoretically , what that could have resulted in is Nixon leaving office - or being forced from office because of the criminal scandal that was @ @ @ @ @ @ @ a vice president who was under a completely separate criminal investigation , who was then also forced from office relatively quickly because of that same sort of criminal liability that his predecessor had faced .
At that point , would President Agnew have even had a chance to nominate a new vice president , who would then be confirmed by the Senate who would then succeed him ?
Would you end up with a Democratic speaker of the House ascending to the presidency because all of these dominoes were falling too quickly for @ @ @ @ @ @ @ fully ?
I mean , the prospect of the chaos at the top of the federal government was just unparalleled .
GROSS : And the fear of that kind of chaos drove the prosecutors ' approach to dealing with Agnew .
Would you explain how ?
MADDOW : Well , the prosecutors themselves , the - these young prosecutors in Baltimore who actually put together all the evidence that nailed Agnew , that really had this - they built a slam dunk case against him .
They wanted Agnew to go to jail @ @ @ @ @ @ @ like a public official on the take , somebody who 'd been caught for public corruption and had to pay for it .
It was Elliot Richardson , the attorney general , who decided that the priority could not be individual justice for Spiro Agnew the criminal .
The priority could not be Agnew being put in jail .
It was Richardson who decided that the priority for the country had to be Agnew out of the line of succession , that the most important and , in fact , the unitary goal @ @ @ @ @ @ @ revelation these prosecutors had come to about Agnew , the unitary goal of it had to be his removal from office .
He had to no longer be vice president because that was more important to the country than whether or not he faced individual justice .
The prosecutors were very mad about it at the time , but Richardson believed it was the right thing to do .
GROSS : So what was Richardson 's approach to removing Agnew from office ?
MADDOW : Well , Richardson and his prosecutors engaged in @ @ @ @ @ @ @ 's own legal team about what they were going to do with this evidence of criminal behavior on the part of the vice president .
And this , to me , is where you get into some of the most important and fuzzy ( laughter ) implications of the end of Agnew as vice president of the United States because the Agnew legal team was maintaining publicly that Agnew as vice president was immune from prosecution , that he could n't be indicted .
The Office of Legal Counsel , the Justice Department @ @ @ @ @ @ @ weigh in on this matter .
And they produced a sort of strange memo , which said , well , the president ca n't be indicted , but the vice president can - sort of an odd duck , that memo .
But on the basis of that opinion , the attorney general and these prosecutors went to Agnew 's legal team and said , hey , we can indict you , and we intend to .
And what do you have to trade for that ?
And those negotiations went on for @ @ @ @ @ @ @ complex and important .
But , ultimately , the deal that was reached was that Agnew would only have to plead no contest to one count .
He would n't do any jail time , but he would have to resign immediately .
GROSS : And what was the count that he pled to ?
MADDOW : He pled to tax evasion , but he did n't plead guilty .
He pled no contest .
GROSS : So this is why when people think about Agnew leaving office , they just think of @ @ @ @ @ @ @ .
And they ... MADDOW : They think - yeah , oh , he got caught fiddling something with his deductions - no ( laughter ) .
GROSS : And it was such a bigger story .
YARVITZ : Yeah .
And in a way , that is a credit to Spiro Agnew 's defense attorneys , who were able to secure in exchange for his immediate resignation from office this plea to a single count of tax evasion in a single year .
And so , you know , when you look @ @ @ @ @ @ @ just doing sort of a cursory search of it , that 's what you find - is that , you know , Vice President Spiro Agnew resigned on account of tax evasion .
But it was a very drawn-out process between Agnew 's defense lawyers and Attorney General Elliot Richardson really negotiating this agreement that would result in one count of tax evasion .
DAVIES : Mike Yarvitz , a former producer at MSNBC , and Rachel Maddow speaking with Terry Gross last year about their podcast series Bag Man .
Maddow and @ @ @ @ @ @ @ with some new material , also called `` Bag Man . ''
We 'll hear more of their conversation after a break .
This is FRESH AIR .
( SOUNDBITE OF TED NASH 'S `` THE FOUR FREEDOMS ( FRANKLIN D. ROOSEVELT ) '' DAVIES : This is FRESH AIR .
We 're listening to the interview Terry recorded last year with MSNBC host Rachel Maddow and journalist Mike Yarvitz about the podcast series Bag Man .
It tells the story of a bribery and extortion investigation which forced Richard Nixon 's vice @ @ @ @ @ @ @ and Yarvitz have collaborated on a new book with some new material about the story .
It 's also called `` Bag Man . ''
GROSS : So one of the questions surrounding President Trump now , a question that surrounded President Nixon and Vice President Agnew , is , can a sitting president be indicted on criminal charges - or , in Agnew 's case , a sitting vice president ?
Does the Agnew story that you 've told so well in Bag Man have any lessons for us today that can @ @ @ @ @ @ @ I think that there are puzzles on both sides of this .
If Agnew 's defense team and if Agnew himself did n't believe that a vice president could be indicted , which is what they maintained and argued publicly at the time , well , then why did they talk to prosecutors at all ?
They were maintaining a public argument that prosecutors essentially had no power over a sitting president or vice president .
They could n't touch him .
Well , if so , why did they even talk to @ @ @ @ @ @ @ a plea negotiation with them that resulted in the vice president 's resignation ?
On the other side , prosecutors were claiming that they could indict a sitting vice president , and they were fully willing to .
Well , if so , if they were confident in that , then why did they go through this choreography ?
Why did they take such pains to ensure that by the time Agnew pled to that tax evasion count , by the time he was in that courtroom , he had resigned first ?
@ @ @ @ @ @ @ he stepped into that courthouse .
And they made sure that was the sequence of events .
Had he resigned as vice president moments after he pled or after he was indicted , we would have an entirely separate legal precedent on this case - that a president or vice president could be indicted .
In this case , they sidestepped that issue by allowing him to resign first .
MADDOW : I 'm - and I 'm still puzzled as to whether or not they were bluffing , that they were n't @ @ @ @ @ @ @ or what would have happened had that Justice Department opinion that said he could be indicted actually been tested in court ?
They sidestepped the test by letting him resign first .
GROSS : So let 's just get a sense of what chaos our government was in in October of 1973 .
Agnew resigns , and then 10 days later , what happens ?
MADDOW : Ten days later is the Saturday Night Massacre .
I mean , it 's amazing .
It 's not even two weeks later that Nixon orders @ @ @ @ @ @ @ prosecutor , who is pursuing the Watergate case .
That attorney general , of course , is Elliot Richardson , the man who just secured the resignation of Nixon 's vice president .
Richardson objected to that order from the president .
He resigned in protest .
Deputy attorney general then resigned in protest .
Ultimately , it went down the line of succession at the Justice Department until the solicitor general , Robert Bork , was willing to fire the Watergate prosecutor .
That all happened within two weeks of Agnew - @ @ @ @ @ @ @ this dramatic showdown in a courtroom in Maryland .
And I actually think that the closeness of those two events in the timeline is part of the reason that the Agnew story is so poorly understood .
I mean , Watergate was at a full , roiling boil by the time Agnew was going through this entirely separate drama .
And the history of Elliot Richardson is very much inflected by the heroic way in which he resisted Nixon 's order and resigned on that Saturday Night Massacre - in the middle of @ @ @ @ @ @ @ that was so close in time to what he had done with Agnew that I sort of feel like we 've got limited bandwidth as Americans ( laughter ) in terms of our history books .
We can only remember so many events from one particular time in history .
And so Agnew ended up slinking into the shadows on that one .
GROSS : Yeah .
So Elliot Richardson , the then-attorney general , was so important in bringing down Vice President Agnew and in the Watergate investigation .
MADDOW : Yeah @ @ @ @ @ @ @ - I guess the strength of the Justice Department through various lenses of history .
I mean , the Justice Department has rules .
It has its own traditions .
It has its own pride and its own independence and competence .
It 's also an institution that is run by human beings who have different strengths and weaknesses and alliances that they bring with them to their jobs .
And part of the story of Agnew is the heroism of George Beall , this Republican U.S. attorney , age all of 35 @ @ @ @ @ @ @ all this pressure that was being put on him by the most powerful people in the country , in his family and in his own party .
Part of the story of Agnew is the statesmanship of Elliot Richardson and the way that he approached this and the way that he prioritized the needs of the country over the individual concerns of his own prosecutors and the individual sort of imperatives of this criminal case that he was dealing with involving Agnew .
And you have to wonder , if people of that @ @ @ @ @ @ @ at that important time , would we have had a different outcome for the country ?
Would we have had President Agnew ?
I do feel like it helps to understand that even though it feels like a lot of what we 're going through is unprecedented or worse than we can possibly imagine , the more you know about previous scandals in U.S. history , the more you realize that some of this stuff is not unprecedented and that we have not only been confronted with some of these same problems and @ @ @ @ @ @ @ survived them and done so in a way that we can be proud of in terms of the way that our democracy handled challenges .
And Agnew 's case , because of some heroic individuals and because the system held and because of , you know , some historical accidents in terms of the way things worked out - I think the Agnew story is really helpful to understanding the way the system works when it confronts bad behavior by people in high office .
We are capable of dealing with that as @ @ @ @ @ @ @ us proud of the people who are in public office who are dealing with it .
GROSS : Thank you both so much for talking with us .
MADDOW : Terry , thank you so much .
This was a ton of fun .
Thank you .
YARVITZ : Thanks , Terry .
It was an honor .
DAVIES : MSNBC host Rachel Maddow and former MSNBC senior producer Mike Yarvitz collaborated on the award-winning Bag Man , which is still available for listening .
And they 've written a new book with @ @ @ @ @ @ @ case , which is also called `` Bag Man . ''
Terry Gross interviewed them last year .
This is FRESH AIR .

'Bad Behavior By People In High Office': Rachel Maddow On The Lessons Of Spiro Agnew
DAVE DAVIES, HOST:
This is FRESH AIR. I'm Dave Davies, sitting in for Terry Gross. My guests, Rachel Maddow and Mike Yarvitz, have collaborated on a new book called "Bag Man: The Wild Crimes, Audacious Cover-Up, And Spectacular Downfall Of A Brazen Crook In The White House." The brazen crook was Richard Nixon's vice president, Spiro Agnew. The book, just released this week, is an update of their popular podcast, also called Bag Man, which was released in October 2018. "Bag Man" tells the largely forgotten story of how Agnew came under investigation by federal prosecutors for bribery and, before he was forced to resign, did everything to try and stay in office, including attacking the press and trying to shut down the investigation. Surprising twists were uncovered for the podcast after listening to the Nixon White House tapes. Revelations in their new book include a litany of other felony charges against Agnew that were contemplated by the Justice Department and new reporting that raises questions about the Justice Department's policy, born out of the Agnew crisis, that a sitting president is immune from prosecution. It was that policy that constrained Robert Mueller from considering criminal charges against President Trump during the Russia investigation. Rachel Maddow is the host of MSNBC's "The Rachel Maddow Show." She co-wrote "Bag Man" with Mike Yarvitz, a former senior producer of her show. Terry spoke to them in January 2019.
(SOUNDBITE OF ARCHIVED NPR BROADCAST)
TERRY GROSS, BYLINE: Rachel Maddow, Mike Yarvitz, welcome to FRESH AIR. Congratulations on your podcast, which has now gotten over 10 million downloads. When thinking about questions surrounding President Trump, like, did he obstruct justice? Did he commit impeachable offenses? Might we face a constitutional crisis? - people tend to look at Richard Nixon and Watergate. But you've looked at his vice president, Spiro Agnew. What made you think about investigating Agnew?
RACHEL MADDOW: For me, I feel like there are a lot of presidential scandals in U.S. history, but there are very few presidential scandals that result in resignation and/or impeachment. And I was really interested in Agnew just because he's one of that very small number of presidential or vice presidential scandals that rose to that level but also because I realized that when I tried to sort of thumbnail in my mind what happened in the Agnew resignation, everything I thought about it was wrong. All of my impressions about it (laughter) turned out to be wrong when I looked them up. And for me, that piqued my curiosity.
GROSS: I was almost embarrassed listening to your podcast 'cause I knew so little. Like, I hadn't spent that much time thinking about why Agnew left office, and I was just shocked by (laughter) everything I learned.
MADDOW: Well, that's not an uncommon thing, and that - what - I think Mike and I found that same dynamic at work even as we had started working on the podcast. I mean, I assumed that his big sin was tax evasion. I had assumed that it was a Watergate-adjacent scandal, you know, that the FBI was looking into Watergate-related crimes, and they stumbled upon something in Spiro Agnew's taxes. I had assumed that Agnew was kind of no big deal as a vice president because he's kind of no big deal in history. All of those things were completely wrong. The history of it is just - is not what we remember if we remember that history at all. And so it's nice to find something in history that's brand new (laughter).
GROSS: Mike, before we get to what Agnew was guilty of, before we get his bribery and extortion scheme, let's just give some background. Before serving as vice president, he'd been elected the Baltimore County executive in 1962, then governor of Maryland in '66. What did Agnew represent politically when he was campaigning for vice president, when he became vice president? What did he represent on the right? Because he was kind of part of the culture war in the late '60s before the term culture war was coined.
MIKE YARVITZ: Yeah, I think that's right. I think one of the interesting things that we found was that he really was this sort of firebrand figure on the right in a way that Nixon really wasn't. He sort of was able to rile up the conservative base across the country. He spoke in very controversial language at times about issues of race and, you know, law and order. I think one of the sort of interesting things that's, you know, sort of not known about Agnew as a political figure is how much, in a lot of ways, he was much more beloved among the Republican base, much more so than Nixon was.
What sort of manifests itself during this scandal is that Nixon really sort of needs Agnew on his side because he knows, in a way, that Agnew is much more popular with the Republican base in the country than even he is. So I think, as Rachel's alluding to, this sort of - the political history of Spiro Agnew as a political figure is sort of forgotten, but he did a lot to sort of raise these issues in the Republican base about antagonizing the media and these sort of - these racial issues that have - more sort of bubbling on the right in the '60s. And it's sort of a forgotten part of his legacy.
GROSS: With the help of his speechwriter, William Safire, he said phrases like - referring to his critics - calling them pusillanimous pussyfooters. Pusillanimous means lacking courage and resolution. He called his critics nattering nabobs of negativism. And there's a great quote that you use in the podcast. He said, if you tell me that the hippies and the yippies are going to be able to do the job, I'll tell you this. They can't run a bus. They can't serve in governmental office. They can't run a lathe in a factory. All they can do is lay down in the park and sleep or kick policemen with razor blades.
(LAUGHTER)
GROSS: Very, very provocative.
MADDOW: I would say he's provocative, but that attack on liberals, the attack in other instances on minorities, the attack on the elites, the attacks specifically on the media, which he really turned into an art form, is something that was key not only to his controversial nature at the time, but it's absolutely what Nixon needed in terms of lining up and keeping on his side the very hardline Republican base at the time.
And I think that was part of what was interesting in terms of parallels to today. I think a lot of people lament on the right the anti-media stuff that is stoked by the Trump administration, the anti-elite stuff, some of the divisive and racially specific stuff that we're seeing from this administration. But it's not new. It's really (laughter) - it's a well-trod path, and Agnew was great at it.
GROSS: Do you think Agnew kind of creates a new playbook for the kind of language you can use in campaign for high office?
MADDOW: I mean, he was really quite eloquent, actually, in his provocative and controversial remarks (laughter). I mean, Mike, one of the things, I think - you can correct me if I'm wrong. But I feel like when we were going through his most controversial statements, one of the things that was sort of mind-bending for us - at least for me - was to be both seeing all the parallels to sort of Trumpist Republicanism today and to be seeing somebody who had this, you know, $20 million vocabulary and all the alliteration and all the eloquence. And he always spoke in complete sentences. I mean, that was kind of a disconnect for me.
GROSS: So let's get to the bribery and extortion scheme that he was part of in Maryland. What was the scheme?
YARVITZ: Yeah. Essentially, it was a scheme that he had concocted when he was Baltimore County executive, where he realized that he had the power to award some local contracts for engineering and architecture, and he could singlehandedly decide who got the contract. And what he put together was a scheme that predated his time in that office.
But he would arrange with these local contractors, engineers and architects that they would get the contract. And in return, they would kick back to him something on the order of 3 to 5% of whatever they were making off of that contract. And these were kickbacks that were delivered to him in cash, often in an envelope that was just brought to him and handed to him directly. In many cases, he used the bag man as part of this scheme, and it was a scheme that he started when he was Baltimore County executive that he then continued when he was governor of Maryland.
And again, he used a state roads commissioner when he was governor. And basically, it was a kickback scheme. It was a bribery and extortion scheme in which, if you wanted a government contract in Maryland, you would have to kick back money to Spiro Agnew. And it was brazen, and it was delivered in cash. And he started that scheme in local politics, and then he carried it right into the White House.
GROSS: How did it continue into the White House?
YARVITZ: Well, when he was vice president, he didn't have as much power to award contracts. That's a federal process. But when he became vice president, he was still taking money for contracts that had ripened, essentially, that he had given out in Maryland as governor. And so the men who were sort of streaming into his office at the White House were paying him money for contracts they had gotten in Maryland. And in some cases, he was trying to influence the awarding of federal contracts, and he was successful in a number of cases at steering federal contracts to these businessmen in Maryland who wanted these jobs.
MADDOW: There was this one great moment that we came across in the history of Agnew as a vice president where he tried to assert control over federal contracts on the Eastern Seaboard - General Services Administration contracts. He essentially decided that he was going to be, as vice president, the guy who decided who those contracts went to. And there was a sort of bewilderment about that in the Nixon White House. Why does Agnew want to do this? And they ultimately didn't let him take that over. But we can now see, knowing his criminal designs and knowing how his criminal scheme worked, that his effort to do that once he was vice president, which, again, failed, must have been an effort to get control of more contracts that he could then dole out in this kickback scheme that would earn him some cash.
GROSS: So once the Maryland federal prosecutors found out about talk of this bribery and extortion scheme involving Agnew, they wanted to investigate and see what they can find. They needed the green light from the newly appointed Attorney General Elliot Richardson. He was appointed in the spring of 1973. Richardson had already appointed a special prosecutor to investigate Watergate. So what was Richardson's reaction when he was told by his prosecutors that they wanted to investigate the vice president on bribery and extortion?
MADDOW: Richardson was in an amazing situation here because he was not only the attorney general - the third Nixon attorney general at that point. The first two had resigned in Watergate-adjacent scandals of their own. He's the third Nixon attorney general. There is the special prosecutors looking into Watergate. He's responsible for that, to a certain extent, as attorney general. But he's also become a sounding board for Nixon himself. Nixon is frequently, personally calling Elliot Richardson at that point to complain about various elements of the Watergate investigation and the scandal surrounding him. And that gives Richardson an insight into the president's state of mind and how much this investigation is affecting him and distracting him and dominating his life as president.
And on top of that, a totally unrelated scandal is brought to his desk from these Baltimore prosecutors, who had not started off investigating Agnew. They had just started investigating what was known to be a public corruption problem in Maryland. But they did not expect that it would take them to the door of the sitting vice president, but it did. By the time they came to Richardson, they had a ton of evidence against the sitting vice president. And they were essentially bringing him something brand new and something potentially equally catastrophic for the White House to the Watergate scandal he was already dealing with.
GROSS: So Richardson is getting pressured by Agnew, like, don't do anything about this. Richardson could have put a stop to this right there, but he didn't.
YARVITZ: He could have. And that's one of the really sort of dramatic scenes that plays out in this podcast and that the prosecutors recounted for us is this July 3, 1973 meeting, where they're going to the Justice Department to meet with Richardson for the first time. And they know that they've got this sort of bombshell on their hands. They understand Watergate is going on at the time. And the consequences of this are incredible. Going into that meeting, as they recount, they don't know what Elliot Richardson is going to do. As they're laying out all of this evidence that they've collected against the sitting vice president, they're sort of looking at Elliot Richardson's face, trying to sort of calculate what he's going to do. And Richardson, during this meeting, is being called out of the room for phone calls from the White House about Watergate from Nixon, from Al Haig.
And so it's incredible pressure that Elliot Richardson is under at the time, which the prosecutors are aware of. And it's not until at the end of that meeting that it becomes clear to the prosecutors that Elliot Richardson is not going to shut this investigation down. He understands the importance of it. And he basically gives them the green light to keep investigating and that they would keep this investigation secret, including from the White House, until such time as they needed to sort of move forward with a more formal part of the investigation. And so Richardson, in a real way, is the person who sort of allows this investigation to sort of reach its - the conclusion that it needs to.
GROSS: You also have on tape Agnew saying, get this thing - the investigation - get this thing over with, and get this guy Skolnik - one of the prosecutors - who's a Muskie volunteer, the hell out of his office. Where did you find that statement?
YARVITZ: Well, that one we found on one of these Nixon White House tapes, which was a conversation that Spiro Agnew was having with Richard Nixon in the Oval Office. And that was - you know, when you talk about the sort of elements of obstruction and the efforts to shut down this investigation, that was - that seemed to be a prime motivator for Spiro Agnew, which was to get this federal prosecutor, Barney Skolnik, who was the lead prosecutor on this three-man team - to get him thrown off the case. And, you know, as - one of the things that was sort of amazing to find is that Barney Skolnik had never known about that. And...
GROSS: Until you played it for him.
YARVITZ: Until we played it for him. And it was something that he had not known. And again, it's a credit to his boss at the time, George Beall, that he that he didn't know that because that pressure, those efforts to get him thrown off the case - they never sort of got through to him.
And so, in a real way, these federal prosecutors - and they say it - they were just doing their job. They were not looking for any fame out of this or anything like that. But I think when Barney Skolnik was able to see on tape that part of the obstruction effort was to get him fired, essentially, off the case, that was a surprising moment that we were able to sort of reveal to him for this - for the series.
GROSS: So let's play some of prosecutor Barney Skolnik's reaction when you played that tape for him.
(SOUNDBITE OF PODCAST, "BAG MAN")
SPIRO AGNEW: Get this thing over with, and get this guy Skolnik, who's a Muskie volunteer, the hell out of this office.
BARNEY SKOLNIK: Oh, there's my name. Wow. Agnew said my name. Oh, joy. Get this thing over with, and get this guy Skolnik, who's a Muskie volunteer, the hell out of this office. Oh, man. You got to give me a copy of this.
YARVITZ: You got it.
SKOLNIK: Oh, wow - makes my whole life worthwhile (laughter).
DAVIES: If you're just joining us, we're listening to an interview with Rachel Maddow and Mike Yarvitz, who collaborated on the podcast Bag Man, about the bribery and extortion scandal surrounding Nixon's first vice president, Spiro Agnew, and how Agnew was subsequently forced out of office. A new book based on their reporting for the podcast, also called "Bag Man," was published this week. We'll hear more of Terry's interview with Maddow and Yarvitz after this break. This is FRESH AIR.
(SOUNDBITE OF IAN O'BEIRNE AND SLOWBERN'S "WHEN WAR WAS KING")
DAVIES: This is FRESH AIR. We're listening to the interview Terry recorded last year with MSNBC host Rachel Maddow and Mike Yarvitz about their podcast series Bag Man. It tells the story of the bribery and extortion investigation which forced Richard Nixon's vice president Spiro Agnew. Maddow and Yarvitz have collaborated on a new book with some new material about the story, also called "Bag Man."
(SOUNDBITE OF ARCHIVED NPR BROADCAST)
GROSS: There were many surprises for me in listening to your podcast "Bag Man." Perhaps the biggest was hearing - and I'll set the scene here. I was listening to this particular episode of the podcast not long after George H.W. Bush's funeral. And there was a kind of - a whole week of the news networks, basically, talking most of the time about George H.W. Bush's presidency, what a model president he was. And suddenly, his name crops up in your podcast about George H.W. Bush's presidency - what a model president he was. And suddenly, his name crops up in your podcast about the Agnew bribery and extortion scheme and the attempt to shut down the investigation. Tell us how George H.W. Bush comes up in this.
MADDOW: So when Agnew and the Nixon White House were trying to put together a scheme to shut down this prosecution of Agnew, they lit on this idea that the U.S. attorney in Maryland who was leading the investigation - that he could be pressured through his family to stop this thing. So the White House needed somebody to put that pressure on him. Nixon says on tape that he's not going to do it himself (laughter), and so Nixon's staff is like, oh, no, no. Sir, of course, you can't do that yourself.
It seems like Agnew did a little bit of it himself. There was a lot of discussion about different senior White House figures being asked to go put that pressure on that senator. But ultimately, for a variety of reasons, the person - or one of the persons who they decided to dispatch to pressure that senator, to try to shut down that investigation was the then-head of the Republican National Committee, the head of the Republican Party, who was George H.W. Bush.
GROSS: So we know that he actually went to the senator's office to try to get him to pressure his brother to stop the investigation. But do we really know what he said? We know he had the meetings, but I was wondering, like, did H.W. Bush go to the senator and say, I was told to tell you this. I'm telling you this. I'm not telling you to do it. I'm just telling you I was told to tell you this. I've told you this. Goodbye. And thank you.
(LAUGHTER)
GROSS: Do you know what I mean?
MADDOW: Oh, we don't...
GROSS: So it's - that's like I'm...
MADDOW: Yeah.
GROSS: ...Doing my job. I'm telling you, but I'm not pressuring you. I'm just reporting what they told me to tell you in a neutral way.
MADDOW: It's - you know, we don't have a recording of what happened between George H.W. Bush and this Republican senator. But, I mean, Mike was able to turn up pretty good evidence on both sides of the request and what was apparently the delivery of the pressure by George H.W. Bush. So we at least can see some of the documentation of it, right?
YARVITZ: That's - yeah, that's right. We can hear, obviously, the White House tapes where Al Haig is informing President Nixon that he's - you know, he says, I did it through George Bush on the first run, meaning, I spoke to George Bush and told him to deliver this message to the senator to get through to his brother. And so we know, from that end, that Al Haig and Richard Nixon oversaw this effort to have George Bush do that.
And one of the things that we found in reporting out this story was the trip that I took to George Beall's archives at Frostburg State University in Maryland, where he wrote a memo to file that lives in his archives in which he memorializes, for the record, the fact that his brother - the sitting Republican senator Glenn Beall - did relay a conversation that was had with him by George Bush.
And we don't know the exact nature of the conversation, but it was part of this effort from Agnew to say that these prosecutors were intimidating people and were conducting this investigation in an unprofessional manner. And we can see in this memo - the file from that summer of 1973 - that George H.W. Bush, who was then Republican Party chairman, did speak to the Republican senator there to try to get word to his brother about this investigation.
GROSS: Mike Yarvitz, a former producer at MSNBC, and Rachel Maddow speaking with Terry Gross last year about their podcast series Bag Man. Maddow and Yarvitz have collaborated on a new book with some new material, also called Bag Man. You'll hear more of their conversation after a break. This is FRESH AIR.
(SOUNDBITE OF MUSIC)
DAVIES: This is FRESH AIR. I'm Dave Davies, in for Terry Gross. We're listening to Terry's interview with MSNBC host Rachel Maddow and journalist Mike Yarvitz about their podcast Bag Man, which detailed the criminal investigation that forced Richard Nixon's vice president Spiro Agnew to resign in 1973. Federal investigators found evidence that Agnew was involved with bribery and extortion while he was Baltimore County executive and governor of Maryland and that he continued to collect bribe money while he was vice president. Once the Agnew investigation came to light, there were persistent efforts from the White House to shut it down. Maddow and Yarvitz have collaborated on a new book based on their reporting for the podcast, with new some material about the case. It's called "Bag Man: The Wild Crimes, Audacious Cover-Up, And Spectacular Downfall Of A Brazen Crook In The White House."
(SOUNDBITE OF ARCHIVED NPR BROADCAST)
GROSS: So you found something, Mike, that the prosecutors didn't even know at the time. And that - this was - there was a secret plan that Agnew had to shut down the investigation. Would you describe that secret plan?
YARVITZ: Yeah, you know, it's an interesting part of us digging into the story - was looking through the Nixon White House recordings. And, obviously, those recordings have been very picked over as it relates to Watergate but not as picked over as it relates to the Agnew scandal. And what we found as we were sort of listening through the recordings was this effort that Spiro Agnew developed behind the scenes with Richard Nixon and with H.R. Haldeman and other White House officials to try to shut down this investigation that was being led by the U.S. attorney in Maryland - a man named George Beall. And the way that Agnew tried to do it was by getting to George Beall's brother, who was a sitting Republican senator from Maryland named Glenn Beall. And what you hear in these tapes is this really elaborate plan that Spiro Agnew is discussing in the Oval Office with Richard Nixon and others to basically get to this Republican senator behind the scenes and have him essentially get word to his brother to shut down this investigation.
And as you mentioned, this was an obstruction effort that the prosecutors at the time didn't know about. And one of the surprising and amazing things to us as we were putting together this podcast was that even 45 years later, they weren't aware of it. And so their reaction now to hearing about this effort to obstruct and end their investigation - it was a revelatory moment in putting together this podcast, which is that they were completely unaware. And the reason that they weren't is because, ultimately, the obstruction effort didn't work. And George Beall, their boss, the U.S. attorney, was getting that pressure from his brother. And he shut it down. He didn't let it get to his federal prosecutors who were working on the case.
GROSS: He shut down the attempt to shut down the investigation (laughter).
YARVITZ: That's right. That's right.
GROSS: He...
YARVITZ: He resisted that pressure that was coming at him from the Nixon White House and from his brother.
GROSS: OK. In case anybody is finding the story hard to follow - so George Beall is the federal prosecutor in Maryland overseeing the investigation into Agnew. His brother is a Republican sitting senator from Maryland, who's getting pressured from the White House. So the senator's being pressured to tell his brother, the prosecutor, shut it down. And - yeah.
MADDOW: The other nice dynamic at work there is that George Beall's older brother, the U.S. senator - he really owed his Senate seat to Nixon and Agnew. Nixon and Agnew had weighed in very heavily during his election campaign to help him win that seat. George and Glenn, the brothers - their father had previously held that U.S. Senate seat. He had been ousted by a Democrat. Nixon and Agnew in the White House weighed in to help the Beall family, to help George Beall's older brother win that seat back that their father had previously held. The Beall family was absolutely indebted to the Nixon White House, to Agnew personally because he campaigned for that Senate seat as a big figure in Maryland politics for them to win it.
And so for then little brother George Beall to turn around and bring a prosecution against Agnew when his family was so politically and personally indebted to Agnew and when Agnew was reminding them of that at every turn and bringing all of these different Republican graybeards and important people to weigh in to try to pressure this investigation to stop - I mean, George Beall was a heroic figure here in the way that he resisted the pressure that was brought against him.
GROSS: So once prosecutors understood Agnew's involvement in this bribery and extortion scandal, we had a president under criminal investigation - Richard Nixon, Watergate - and now a vice president under a completely separate criminal investigation. What was the unique set of problems that this presented for prosecutors?
MADDOW: Prosecutors, at the time, I think were already - well, prosecutors writ large. I think the Justice Department, the attorney general, Elliot Richardson, at the time, was already faced with the enormity of the prospect that the Watergate investigation would lead to the end of the Nixon presidency, whether he was somehow prosecuted, whether he resigned, whether the pressures of the Watergate investigation were somehow going to end his presidency one way or another. That was already such an almost, you know, sort of politically apocalyptic scenario that they were facing. They were blindsided when they were confronted by the evidence that Agnew was also existentially challenged as a senior figure in the federal government because of his own totally unrelated scandal. And the prospect that you would lose Nixon somehow, that Nixon would have to leave the presidency, but then Agnew would ascend to the presidency because he was the vice president, even though the Justice Department was well aware that he was under serious criminal investigation - he was potentially facing a 40-count criminal indictment - that, I think, was a terrifying and totally unique prospect in U.S. history.
I mean, theoretically, what that could have resulted in is Nixon leaving office - or being forced from office because of the criminal scandal that was Watergate - him being succeeded immediately by a vice president who was under a completely separate criminal investigation, who was then also forced from office relatively quickly because of that same sort of criminal liability that his predecessor had faced. At that point, would President Agnew have even had a chance to nominate a new vice president, who would then be confirmed by the Senate who would then succeed him? Would you end up with a Democratic speaker of the House ascending to the presidency because all of these dominoes were falling too quickly for the line of succession to be restored fully? I mean, the prospect of the chaos at the top of the federal government was just unparalleled.
GROSS: And the fear of that kind of chaos drove the prosecutors' approach to dealing with Agnew. Would you explain how?
MADDOW: Well, the prosecutors themselves, the - these young prosecutors in Baltimore who actually put together all the evidence that nailed Agnew, that really had this - they built a slam dunk case against him. They wanted Agnew to go to jail. They wanted Agnew to be treated like a public official on the take, somebody who'd been caught for public corruption and had to pay for it. It was Elliot Richardson, the attorney general, who decided that the priority could not be individual justice for Spiro Agnew the criminal. The priority could not be Agnew being put in jail. It was Richardson who decided that the priority for the country had to be Agnew out of the line of succession, that the most important and, in fact, the unitary goal of this prosecution, of this entire revelation these prosecutors had come to about Agnew, the unitary goal of it had to be his removal from office. He had to no longer be vice president because that was more important to the country than whether or not he faced individual justice. The prosecutors were very mad about it at the time, but Richardson believed it was the right thing to do.
GROSS: So what was Richardson's approach to removing Agnew from office?
MADDOW: Well, Richardson and his prosecutors engaged in a lengthy series of negotiations with Agnew's own legal team about what they were going to do with this evidence of criminal behavior on the part of the vice president. And this, to me, is where you get into some of the most important and fuzzy (laughter) implications of the end of Agnew as vice president of the United States because the Agnew legal team was maintaining publicly that Agnew as vice president was immune from prosecution, that he couldn't be indicted. The Office of Legal Counsel, the Justice Department at the time, was asked to weigh in on this matter. And they produced a sort of strange memo, which said, well, the president can't be indicted, but the vice president can - sort of an odd duck, that memo. But on the basis of that opinion, the attorney general and these prosecutors went to Agnew's legal team and said, hey, we can indict you, and we intend to. And what do you have to trade for that? And those negotiations went on for a long time. And they were complex and important. But, ultimately, the deal that was reached was that Agnew would only have to plead no contest to one count. He wouldn't do any jail time, but he would have to resign immediately.
GROSS: And what was the count that he pled to?
MADDOW: He pled to tax evasion, but he didn't plead guilty. He pled no contest.
GROSS: So this is why when people think about Agnew leaving office, they just think of, like, oh, tax fraud. And they...
MADDOW: They think - yeah, oh, he got caught fiddling something with his deductions - no (laughter).
GROSS: And it was such a bigger story.
MADDOW: Yeah.
YARVITZ: Yeah. And in a way, that is a credit to Spiro Agnew's defense attorneys, who were able to secure in exchange for his immediate resignation from office this plea to a single count of tax evasion in a single year. And so, you know, when you look back at the history of Spiro Agnew just doing sort of a cursory search of it, that's what you find - is that, you know, Vice President Spiro Agnew resigned on account of tax evasion. But it was a very drawn-out process between Agnew's defense lawyers and Attorney General Elliot Richardson really negotiating this agreement that would result in one count of tax evasion.
DAVIES: Mike Yarvitz, a former producer at MSNBC, and Rachel Maddow speaking with Terry Gross last year about their podcast series Bag Man. Maddow and Yarvitz have collaborated on a new book with some new material, also called "Bag Man." We'll hear more of their conversation after a break. This is FRESH AIR.
(SOUNDBITE OF TED NASH'S "THE FOUR FREEDOMS (FRANKLIN D. ROOSEVELT)"
DAVIES: This is FRESH AIR. We're listening to the interview Terry recorded last year with MSNBC host Rachel Maddow and journalist Mike Yarvitz about the podcast series Bag Man. It tells the story of a bribery and extortion investigation which forced Richard Nixon's vice president Spiro Agnew to resign. Maddow and Yarvitz have collaborated on a new book with some new material about the story. It's also called "Bag Man."
(SOUNDBITE OF ARCHIVED NPR BROADCAST)
GROSS: So one of the questions surrounding President Trump now, a question that surrounded President Nixon and Vice President Agnew, is, can a sitting president be indicted on criminal charges - or, in Agnew's case, a sitting vice president? Does the Agnew story that you've told so well in Bag Man have any lessons for us today that can help answer that question?
MADDOW: I think that there are puzzles on both sides of this. If Agnew's defense team and if Agnew himself didn't believe that a vice president could be indicted, which is what they maintained and argued publicly at the time, well, then why did they talk to prosecutors at all? They were maintaining a public argument that prosecutors essentially had no power over a sitting president or vice president. They couldn't touch him. Well, if so, why did they even talk to those prosecutors, let alone enter into a plea negotiation with them that resulted in the vice president's resignation? On the other side, prosecutors were claiming that they could indict a sitting vice president, and they were fully willing to. Well, if so, if they were confident in that, then why did they go through this choreography? Why did they take such pains to ensure that by the time Agnew pled to that tax evasion count, by the time he was in that courtroom, he had resigned first? I mean, he resigned moments before he stepped into that courthouse. And they made sure that was the sequence of events. Had he resigned as vice president moments after he pled or after he was indicted, we would have an entirely separate legal precedent on this case - that a president or vice president could be indicted. In this case, they sidestepped that issue by allowing him to resign first.
GROSS: That's fascinating.
MADDOW: I'm - and I'm still puzzled as to whether or not they were bluffing, that they weren't totally sure they could indict him - or what would have happened had that Justice Department opinion that said he could be indicted actually been tested in court? They sidestepped the test by letting him resign first.
GROSS: So let's just get a sense of what chaos our government was in in October of 1973. Agnew resigns, and then 10 days later, what happens?
MADDOW: Ten days later is the Saturday Night Massacre. I mean, it's amazing. It's not even two weeks later that Nixon orders the attorney general to fire the special prosecutor, who is pursuing the Watergate case. That attorney general, of course, is Elliot Richardson, the man who just secured the resignation of Nixon's vice president. Richardson objected to that order from the president. He resigned in protest. Deputy attorney general then resigned in protest. Ultimately, it went down the line of succession at the Justice Department until the solicitor general, Robert Bork, was willing to fire the Watergate prosecutor. That all happened within two weeks of Agnew - surprise - being forced from office in this dramatic showdown in a courtroom in Maryland.
And I actually think that the closeness of those two events in the timeline is part of the reason that the Agnew story is so poorly understood. I mean, Watergate was at a full, roiling boil by the time Agnew was going through this entirely separate drama. And the history of Elliot Richardson is very much inflected by the heroic way in which he resisted Nixon's order and resigned on that Saturday Night Massacre - in the middle of that Saturday Night Massacre drama. But that was so close in time to what he had done with Agnew that I sort of feel like we've got limited bandwidth as Americans (laughter) in terms of our history books. We can only remember so many events from one particular time in history. And so Agnew ended up slinking into the shadows on that one.
GROSS: Yeah. So Elliot Richardson, the then-attorney general, was so important in bringing down Vice President Agnew and in the Watergate investigation.
MADDOW: Yeah. It's interesting to see the - I guess the strength of the Justice Department through various lenses of history. I mean, the Justice Department has rules. It has its own traditions. It has its own pride and its own independence and competence. It's also an institution that is run by human beings who have different strengths and weaknesses and alliances that they bring with them to their jobs. And part of the story of Agnew is the heroism of George Beall, this Republican U.S. attorney, age all of 35, who supervised this investigation and resisted all this pressure that was being put on him by the most powerful people in the country, in his family and in his own party. Part of the story of Agnew is the statesmanship of Elliot Richardson and the way that he approached this and the way that he prioritized the needs of the country over the individual concerns of his own prosecutors and the individual sort of imperatives of this criminal case that he was dealing with involving Agnew. And you have to wonder, if people of that caliber were not in those powerful positions at that important time, would we have had a different outcome for the country? Would we have had President Agnew?
I do feel like it helps to understand that even though it feels like a lot of what we're going through is unprecedented or worse than we can possibly imagine, the more you know about previous scandals in U.S. history, the more you realize that some of this stuff is not unprecedented and that we have not only been confronted with some of these same problems and crises in the past. We've survived them and done so in a way that we can be proud of in terms of the way that our democracy handled challenges.
And Agnew's case, because of some heroic individuals and because the system held and because of, you know, some historical accidents in terms of the way things worked out - I think the Agnew story is really helpful to understanding the way the system works when it confronts bad behavior by people in high office. We are capable of dealing with that as a country in a way that makes us proud of the people who are in public office who are dealing with it.
GROSS: Thank you both so much for talking with us.
MADDOW: Terry, thank you so much. This was a ton of fun. Thank you.
YARVITZ: Thanks, Terry. It was an honor.
DAVIES: MSNBC host Rachel Maddow and former MSNBC senior producer Mike Yarvitz collaborated on the award-winning Bag Man, which is still available for listening. And they've written a new book with additional reporting and relevations about the Agnew case, which is also called "Bag Man." Terry Gross interviewed them last year. This is FRESH AIR.
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npr--2020-12-11--Wisconsin Supreme Court Will Take Up Trump Lawsuit Appeal To Overturn Biden Win

Wisconsin Supreme Court Will Take Up Trump Lawsuit Appeal To Overturn Biden Win Hours after a Wisconsin lower court rejected another of President Trump 's attempts to overturn his loss to President-elect Joe Biden on Friday , the state Supreme Court agreed to hear arguments in the case over the weekend .
The decision by the conservative-controlled court on Friday means Trump 's case will skip over the Wisconsin Court of Appeals as the president pursues his quest to invalidate more than 221,000 ballots .
That reversal could win him an additional 10 electoral votes , but Trump would still @ @ @ @ @ @ @ .
Biden currently has 306 electoral votes to Trump 's 232 .
Electoral College votes are set to be cast on Monday .
It is the latest step in the president 's sometimes bizarre legal efforts to undermine Biden 's November election victory , which have met with stern reprimands from multiple judges in battleground states .
The lower court 's decision earlier Friday dismissed the Trump campaign 's claims that election officials in two counties failed to follow state law regarding absentee ballots during Wisconsin 's recount in the close race .
@ @ @ @ @ @ @ the 2020 Wisconsin presidential election , after the Dane County and Milwaukee County recounts , is affirmed , '' Reserve Judge Stephen Simanek said during the hearing Friday morning .
Wisconsin sent its certificate of ascertainment for the 2020 election to the National Archives on Nov. 30 , stating that Biden defeated Trump in the state by more than 20,000 votes .
Simanek said the counties made reasonable accommodations because of the coronavirus and had correctly interpreted Wisconsin 's absentee-voting laws .
Immediately following the ruling , the Trump campaign announced it would @ @ @ @ @ @ @ the Supreme Court is expecting to hear from us shortly , '' Trump campaign attorney Jim Troupis said at the end of the hearing as Simanek prepared to draft his court order .
During the hearing , Simanek said that at this point in the electoral process , the court is restricted in what it can review .
And he noted the issue did not hinge on questions of fraud .
`` Among the groups of voters challenged were those who voted in person before Election Day and those who said they were @ @ @ @ @ @ @ request an absentee ballot without showing a photo ID , '' NPR member station Wisconsin Public Radio reported .
`` I 'm not here to make broad determinations on constitutional issues , '' Simanek said .
While the judge acknowledged the extraordinary circumstances the COVID-19 pandemic imposed on the Nov. 3 vote , he said the two candidates ' representatives had been able to monitor the process as it took place .
`` But there 's no real dispute here , '' Simanek said .
`` The observers were able to properly challenge @ @ @ @ @ @ @ counted .
The parties reached an agreement early on for a standing rejection to broad ranges of ballots in the four categories that are in dispute here . ''
The judge continued , `` I believe the recount was transparent and open – I believe it may have even been livestreamed .
There is no dispute in that regard . ''
The Trump campaign is grasping for ways to prevent Biden 's victory from being recognized by the Electoral College – an event set to occur Monday , when electors will vote in @ @ @ @

Wisconsin Supreme Court Will Take Up Trump Lawsuit Appeal To Overturn Biden Win
Enlarge this image toggle caption Andy Manis/Getty Images Andy Manis/Getty Images
Updated at 7:26 pm. ET
Hours after a Wisconsin lower court rejected another of President Trump's attempts to overturn his loss to President-elect Joe Biden on Friday, the state Supreme Court agreed to hear arguments in the case over the weekend.
The decision by the conservative-controlled court on Friday means Trump's case will skip over the Wisconsin Court of Appeals as the president pursues his quest to invalidate more than 221,000 ballots. That reversal could win him an additional 10 electoral votes, but Trump would still trail Biden, who would have 296. Biden currently has 306 electoral votes to Trump's 232.
Electoral College votes are set to be cast on Monday.
It is the latest step in the president's sometimes bizarre legal efforts to undermine Biden's November election victory, which have met with stern reprimands from multiple judges in battleground states.
The lower court's decision earlier Friday dismissed the Trump campaign's claims that election officials in two counties failed to follow state law regarding absentee ballots during Wisconsin's recount in the close race.
"The certification of the results of the 2020 Wisconsin presidential election, after the Dane County and Milwaukee County recounts, is affirmed," Reserve Judge Stephen Simanek said during the hearing Friday morning.
Wisconsin sent its certificate of ascertainment for the 2020 election to the National Archives on Nov. 30, stating that Biden defeated Trump in the state by more than 20,000 votes.
Simanek said the counties made reasonable accommodations because of the coronavirus and had correctly interpreted Wisconsin's absentee-voting laws.
Immediately following the ruling, the Trump campaign announced it would file an appeal.
"Obviously, the Supreme Court is expecting to hear from us shortly," Trump campaign attorney Jim Troupis said at the end of the hearing as Simanek prepared to draft his court order.
During the hearing, Simanek said that at this point in the electoral process, the court is restricted in what it can review. And he noted the issue did not hinge on questions of fraud.
"Among the groups of voters challenged were those who voted in person before Election Day and those who said they were 'indefinitely confined,' which let them request an absentee ballot without showing a photo ID," NPR member station Wisconsin Public Radio reported.
"I'm not here to make broad determinations on constitutional issues," Simanek said.
While the judge acknowledged the extraordinary circumstances the COVID-19 pandemic imposed on the Nov. 3 vote, he said the two candidates' representatives had been able to monitor the process as it took place.
"But there's no real dispute here," Simanek said. "The observers were able to properly challenge ballots they thought should not have been counted. The parties reached an agreement early on for a standing rejection to broad ranges of ballots in the four categories that are in dispute here."
The judge continued, "I believe the recount was transparent and open – I believe it may have even been livestreamed. There is no dispute in that regard."
The Trump campaign is grasping for ways to prevent Biden's victory from being recognized by the Electoral College – an event set to occur Monday, when electors will vote in their respective states.