been more than a century since congress had last debated tissue of impeachment of course with andrew johnson in the 1860s. what was the precedent for the house judiciary committee to take up these articles of impeachment and you touched on the debate. basically what was the argument for and the argument against impeaching richard nixon in 1974? >> well there are three articles at issue, and previous to this was article i and article i is about the cover up. could you prove that richard nixon had knowingly participated in an effort to prevent the investigation of the watergate break in. that was article i and that's already -- by the time we start debating, they start debating article ii, article i has been passed by a vote of 21- -- sorry. i'm sorry. article i has been passed by a vote of 27-11. you already have six republicans who voted for article i. and so it's clear the committee already has a bipartisan majority for impeachment. it's already happened. article i has already been passed by 26 -- 27-11 vote. this is the second article and this article is all about whether richard nixon as

there was one prior impeachment proceeding, and that was against andrew johnson. and it failed. and so, it was very -- it was a very emotional issue for most people. number one, trying to define what an impeachable offense was. as the phrase is high crimes and misdemeanors. what did that mean? did it mean you had to have a criminal act? did it mean that you could have a political judgment? how to define it and what was the burden of proof? was it beyond a renal doubt? preponderance of the evidence? clear and convincing? we had all of these issues to deal with at a time when the country was really quite split. and it was an emotional time because there were things going on, there was a potential war in the middle east. there were things taking place in the world in which president nixon once regarded as a serious figure in the world, especially in foreign affairs, and for us at that point, to be questioning whether he should be removed or recommending that he should be removed from office, there were tensions certainly in this city, where bomb threats. i remember one night there

andrew johnson survived the trial of the president in the 19th century. so, too, did bill clinton. richard nixon probably would not have survived the senate. we know that because the leaders, the republican leaders of the senate, would in the first week of august, in reaction to the smoking gun transcript, would go to the president and say his time is up. that the party could not rally behind him. richard nixon is likely, almost probable, richard nixon would have been indicted by the house and d

there there is a period with andrew johnson and andrew johnson used inter-recess, interest session recesses to make a lot of appointments. other than that interest session recesses of more than three days that are not christmas simply do not exist so as soon as center session recesses came into being president started making appointments in them. >> let me address it this way. i'm not sure i agree with the factual understanding your honor. there were intersessional recesses longer than three days prior to 1867. i think there were some 10 of them prior to 1867 including seven that were longer than 10 days. yes there were christmas recesses but so were the ones at issue in this case. i do take your point that interest session recess appointments did not become common, should set this way interest session recess appointments did not become very common until they started with tramon but then they broke off for a long time with three presidents johnson kennedy and ford taking no interest session recesses and particularly a common way to do an end run around advice and consent. >> around 1970, th

andrew johnson tried the president. so too did clinton after the crisis. richmond nixon probably would not have survived the senate, and we know that because the leaders, the republican leaders of the senate would in the first week of august, again in reaction to the smoking gun transcript, would go to the president and say that his time was up. that the party could not rally behind him. the richmond nixon, it is likely, in fact it's almost, almost probable, richmond nixon

there's the period with andrew johnson, and andrew johnson used intrarecesses to make a lot of appointments. other than that, intrasession recesses of more than three days that are not christmas simply do not exist. so that as soon as intrasession recesses came to be, presidents started making appointments in them. >> let me address it this way. i'm not sure i agree with the fact dhul understanding, your honor -- factual understanding, your honor. there were intrasession recesses longer than three days prior to 1867. i think there were some ten of them prior to 1867 including accept that were longer than ten days. and bear in mind -- yes, they were christmas recesses, but so were the ones at issue in this case. they were christmas recess appointments. but i do take your point that a intrasession recess appointments did not become very common. i should say it this way, intrasession recess appointments did not become very common until really they started with truman, but then they broke off for a long time with three presidents, johnson, kennedy and ford making no mid-session recess appointme

he had to choose a democrat for his running mate, andrew johnson of tennessee, and no one -- lincoln's popularity was so low, no one thought he'd win that election. this would have killed any chances that lincoln could have gotten re-elected. and think about this, too, the confederate -- the english and the french were sort of looking for an excuse to come in on the side of the confederacy. they didn't have cnn or c-span back then, but they had newspapers and this got covered. just wouldn't have been very good for the union cause had headlines been splashed around the country and around the world that confederate troops were loose in the streets of washington, d.c., so number one, i do believe that what lew wallace did at monacacy did save this from happening. wallace was relieved of his command after he lost that battle, but within two weeks, grant had reinstated him and grant writes in his memoirs and just about everyone else who knows about this agrees, had wallace not on his own blocked early for an entire day, early very well, very well could have caused havoc in washington, d.c.,

he had to choose a democrat for his running mate, andrew johnson of

the cash room, you can go and see where andrew johnson sat after he seceded abraham lincoln and he was waiting for mary todd lincoln. he sat and looked at the white house and you can tour his office. which is still a working office, a treasury today. also the civil rights move m, i think probably the civil rights movement encapsulated the fact that if you have a problem with washington, you need to come here to make your point about it, and the march on washington for jobs and freedom in 1963, which was time to coincide with the 100th anniversary of the emancipation proclamation was a major demonstration in washington that contributed greatly to changing racial relations in this country and leading to greater equality and justice in this country, but there have been many, many other protests, discussions and washington is very often the center of those, and very often they end at the lincoln memorial. this president who did so much to keep the country together. his memorial has become the meeting point for those who seek change. i end my book and i would end my remarks today with the i

it is no president that andrew johnson and richard nixon's impeachments came because of these divisive wars. he still managed to put together a structure for the multipolar world we live in today. opening china, allowing japan and germany to rebuild, as with the other cold war presidents. i still think that and given today's polarized politics, you have to look at his mystic record as well and say he cooperated with the democratic congress. in part, because he had to. in part, because he did not care and wanted to focus on foreign policy. significantle did work with the democratic congress on the environment, civil rights, on a number of other issues. teddy kennedy once said if he had taken richard nixon's health care plan which was similar to obamacare, it would have been the best deal he ever made. he held out for too much at the time and should have taken it. >> the tape, the supreme court battle, the unanimous decision, and the house judiciary committee hearings we have been showing. there is this comment on our facebook page which is a looming question of this era. why did he not

the presidents in the 19th century who used interviews johnson. andrew andrew johnson was doing interviews with washington tryespondents as a way to to survive impeachment. he was having his impeachment , and he the senate decided to do interviews to his actions. and one of the people he talked to was a correspondent from , cincinnati commercial. was ae matter discussed most always nearly empty ending -- in beating impeachment when he was doing interviews. each party asking and answering questions and turned. while the interviewer did not take notes, he queried the presidents. if he was willing, that the result of the conversation should go to the press. can i use this? there was anything that he desired to be suppressed, meaning what was off the record? so, the president would decide -- what parts of his interview he wanted out there, .nd what parts he did not that actually has -- it is not the case today that when a allident does an interview of the parts of that interview are going to be used, but that was a time period when the rules favored the pres

president andrew jackson andrew johnson were all three from tennessee.e are remind me won the popular vote could have been winner. congratulations to the winner. serving up cheese soup in memphis, tennessee. we'll be right back. if energy could come from anything?. or if power could go anywhere? or if light could seek out the dark? what would happen if that happens? anything. thereyou can do anything...ily. if you keep a good head on your shoulders. that's why we use head & shoulders shampoo and conditioners. it keeps us 100% flake free. so i just have gorgeous hair. head & shoulders. the world's #1 dandruff shampoo. >>> time for today's take away. as we mentioned at the top of the hour, last week a florida judge ordered the state legislature to return from a summer recess to redraw at least two of the state's 27 congregatissional districts. you can't redraw two without redrawing a bunch of others. judge terri lewis that the state's congressional map favored democrats to be redrawn. with three months before election day. look at browne's strict. look how

he had to choose a democrat for his running mate, andrew johnson of tennessee, and no one -- lincoln's popularity was so low, no one thought he'd win that election. this would have killed any chances that lincoln could have gotten re-elected. and think about this, too, the confederate -- the english and the french were sort of looking for an excuse to come in on the side of the confederacy. they didn't have cnn or c-span back then, but they had newspapers and this got covered. just wouldn't have been very good for the union cause had headlines been splashed around the country and around the world that confederate troops were loose in the streets of washington, d.c., so number one, i do believe that what lew wallace did at monacacy did save this from happening. wallace was relieved of his command after he lost that battle, but within two weeks, grant had reinstated him and grant writes in his memoirs and just about everyone else who knows about this agrees, had wallace not on his own blocked early for an entire day, early very well, very well could have caused havoc in washington, d.c.,

he had to choose a democrat for his running mate, andrew johnson of tennessee. no one thought he was going to win that election. this really would have killed any chances that lincoln could and think about this, too, the english and the french were sort of looking for an excuse to come in on the side of the confederacy. they didn't have cnn or c-span back then but they had newspapers and this guy wouldn't have been good for the union cause had headlines splashed around the country and around the world that confederates were loose in the streets of washington, d.c.. number one, i do believe that what lew wallace did at monocacy stopped this from happening. he was released from his command after this battle but grant within two weeks reinstated him and grant writes in his memoirs, had wallace not on his own come down and blocked early for the day, early very, very well could have caused havoc in washington, d.c. so this is the battle that saved washington and changed the course of american history. you know, think about it, lee's fourth objective and probably his

nobody had been impeached since andrew johnson after the civil war and then he wasn't convicted in a sense. this was a really rare, frightening thing to talk about. remove a president from office? these people, they're not ta talking about removing somebody from office. it's a whole different thing. they very much cheapened and undermined the rather, very important constitutional concept. and it wasn't just about crimes. what the constitution says is, you can be impeached for high crimes and misdemeanors. and i have to tell you, that house judiciary committee led by peter rodino, now, he had just been elected sort of short -- he must be mobbed up, but he never was. >> as a jersey girl, i'm trying to decide whether i want to take offense to that or not argue with the premise. >> that was white house stuff. they put that junk out there. what happened was this ordinary group of people in this judiciary committee and they hired a committee counsel john dore. who's really one of the heroes of this period. he worked in the eisenhower justice depart, then bobby kennedy was civil rights hero

both of those, andrew johnson lincoln's successor and bill clinton were plitt lick i motivated.r the constitutional system where the house of representatives can by a simple majority impeach a president. >> kenneth c. davis, always a pleasure. thank you so much. >> interesting stuff. >>> for an inside scandal of what brought nixon down watch "face the nation" right here on cbs. bob schieffer's investigation will include >>> up next with the nfl preseason under way, a look at the new rules, technology and faces makinge inging their way onto the sidelines this fall. you're watching "cbs this morning: saturday." 're in downtown detroit, michigan, right now. yes. tell us about the amazing mortgage process here at quicken loans. a lot of clients may be doing this for the first time. whether it be a refinance or be a purchase you're gonna need someone's help. i'm your guy. i'm talking to a client whose house is on the line. would my mom be ok with the way i'm treating them right now? i'm your buddy, i'm your team mate, i'm your helper. i specialize in what i do and i care about my cli

he had to choose a democrat for his running mate, andrew johnson of tennessee.no one thought he was going to win that so low no one thought he would win the election. this really could have killed any chances that lincoln could have gotten re-elected. think about this, too. the english and the french were sort of looking for an excuse to come in on the side of the confederacy. you diplomdn't have cnn or c-sp back then. so number one, i do believe that what lou wallace did did save this from happening. wallace was relieved of his command after he lost that battle. within two weeks grant had reinstated him. grant writes in his memoirs that had wallace not blocked for the day early very well could have caused havoc in washington, d.c. this is a battle that saved washington and changed the course of american history. think about it. lee's fourth objective and probably his most important in his mind was to try to force grant to try to take troops out. grant didn't want to do it. the number of troops went down drastically from like 137,000 at the end of june to like a

both of the impeachments in our history of andrew johnson, lincoln's successor, and bill clinton weres. but this is always a possibility under the constitutional system where the house of representatives can by a simple majority impeach a president. >> kenneth c. davis, always a pleasure. thank you so much. >> it's interesting stuff. >> well for an insider's look at the scandal that brought nixon down watch "face the nation" tomorrow morning right here on cbs. carl bernstein and bob woodward whose investigative reporting made watergate a permanent part of america's political history. >>> here's a look at the weather for your weekend. >>> up next with the nfl preseason under way a look at the new rules, new faces and new technology making their way onto the field and sidelines this fall. you're watching "cbs this morning saturday." nfl preseason under way, a look at the new rules, technology and faces makinge inging their wanes this fall. you're watching "cbs this morning: saturday." 're in downtown detroit, michigan, right now. yes. tell us about the amazing mortgage process here at q

andrew johnson survived the trial of the president in the 19th century. so, too, did bill clinton. richard nixon probably would not have survived the senate. we know that because the leaders, the republican leaders of the senate, would in the first week of august, in reaction to the smoking gun transcript, would go to the president and say his time is up. that the party could not rally behind him. richard nixon is likely, almost probable, richard nixon would have been indicted by the house and tried and found guilty by the senate. he only needed to be found guilty of one article of impeachment. richard nixon, seeing the writing on the wall, he was very gifted, he saw the writing on the wall and he decides to resign before he is actually thrown out of office. he announced his resignation august 8, 1974. he leaves office at noon on august 9, 1974, 40 years ago this august. >> timothy naftali who served as director of the richard nixon library museum in california. now the director of the library at new york university. thank you for your perspective on the events 40 years ago. up nex

andrew johnson tried the president. so too did clinton after the crisis. richmond nixon probably would not have survived the senate, and we know that because the leaders, the republican leaders of the senate would in the first week of august, again in reaction to the smoking gun transcript, would go to the president and say that his time was up. that the party could not rally behind him. the richmond nixon, it is likely, in fact it's almost, almost probable, richmond nixon would have been indicted by the house and tried and found guilty by the senate. and he only needed to be found guilty on one article of impeachment to be thrown out of office. richmond nixon, seeing the writing on the wall, he was a very gifted, in many ways, a gifted odds maker in political games. he saw the writing on the wall and he decides to resign before he is actually thrown out of office. he announcing resignation on august 8th one 1974 and leaves office at noon on august 9th, 1974, 40 years ago this august. >> timothy who served as the director in your california, now the direct

there was one prior impeachment proceeding, and that was against andrew johnson. and it failed. and so, it was very -- it was a very emotional issue for most people. number one, trying to define what an impeachable offense was. as the phrase is high crimes and misdemeanors. what did that mean? did it mean you had to have a criminal act? did it mean that you could have a political judgment? how to define it and what was the burden of proof? was it beyond a renal doubt? preponderance of the evidence? clear and convincing? we had all of these issues to deal with at a time when the country was really quite split. and it was an emotional time because there were things going on, there was a potential war in the middle east. there were things taking place in the world in which president nixon once regarded as a serious figure in the world, especially in foreign affairs, and for us at that point, to be questioning whether he should be removed or recommending that he should be removed from office, there were tensions certainly in this city, where bomb threats. i remember one night there

nobody had been impeached since andrew johnson after the civil war and then he wasn't convicted in a sense. this was a really rare, frightening thing to talk about. remove a president from office? these people, they are talking about removing people from office. it's a whole different thung. they very much cheapened and undermined the rather, very important constitutional concept. and it wasn't just about crimes. what the constitution says is, you can be impeached for high crimes and misdemeanors. that house judiciary led by peter. he had just been elected. short italian from new jersey. he must be mobbed up, but he never was. >> as a jersey girl, i'm trying to think whether i want to take offense at that or not argue with the premise. >> that was white house stuff. they put that junk out there. what happened was this ordinary group of people in this judiciary committee and they hired a committee counsel john dore. then bobby kennedy was civil rights hero. nobody could question his fairness. and another person named francis o'brien who was 27 and was rodino's administrative assistant

johnson is in west jerusalem. we will be speaking to them in just a moment, but first, this report from andrew simmons in gaza. >> reporter: gaza's skyline, once again, blighted by warfare, after attempts to extend a 72-hour ceasefire failed in cairo, and then the grim routine of the emergency response and tending to the injured. among the early casualties was a 12-year-old child, who died after an israeli airstrike. rockets have been fired at israel within seconds of the ceasefire expiring, some intercepted by the iron dome missile system. and then after they pulled out of kairo, ordered to launch attacks. the stricken people of the gaza strip, many heading to u.n. she woulders and schools is the only answer. 4,700 people are how had in this shelter. it has been full to capacity. but during the 72-hour ceasefire, 1,500 left to return to their homes, and now they're all back, looking for water and looking for food. among who's who have returned, the asha family. their house was badly damaged but they have been back to receive condolences for one of their adult sons who has been killed. >> i remember him in every

andrew ross sorkin. becky quick is off today. making headlines, johnson & johnson reportedly plans to seek a buyer for its medical devicemaker business cordis. "the wall street journal" says the sale could fetch between $1.5 billion and $2 billion. >>> and cutting its workforce and cutting back its global route network, the carrier following two jet liner disasters. the company will be delisted by the end of the year. we just talked yesterday about that picture, someone in the new york post, taking a picture of himself on the malaysian airlines jet. he was the only person in the seats. >>> let's tell but wall street news. morgan stanley reportedly planning to build and run one of the first u.s. natural gas export plants. this is a sign they're getting back into fiscal commodity markets. and morgan stanley is selling its fiscal oil business. i don't really like any of the banks being in the physical market of any sort. i mean, with the exception of cash. moving money around. >> let's check on the markets this morning. which are indicated for a little bit o

johnson joining us, thank you for being with us. >> in australia aboriginal rock art that could be up to 20,000 years old is being rediscovered. andrews reports. >> reporter: is it important for you to come back? >> yes, it is. >> reporter: why? >> my dad and grandfather roamed around the area, living here when my father was a little boy. >> no one lies in the remote part of arn 'em land. for thousands of years nomadics roamed. now the descend ents are coming back, announcing their arrivals. the family has been here before. it's special. >> the focus of this trip is to hook for ancient rock art. in 1967 an anthroe pollogical expedition discovered dozens of pictures. the area was so tough to reach over land, the trip was not repeated until now. this time with the help of a helicopter. it's bringing the descendants of the artists to a head. it is to see what the ancestors messed and what stories can be read into the picture. as much as an art ex-bed eggs, this -- ex-bed eggs, this is a cultural one. >> for decades australian government policy is to take nomadic aborigines away from their traditional lands and house them in village. bre