Photograph of Archibald Cox.
Archibald Cox

Overview

Archibald Cox, Jr., (May 12, 1912May 29, 2004) was an American lawyer who served as U.S. Solicitor General under President John F. Kennedy, and later became best known as the first special prosecutor for the Watergate scandal.

Early life and law career

Cox was the son of Archibald and Frances Perkins Cox. A native of Plainfield, New Jersey, he attended the Wardlaw-Hartridge School, then called Wardlaw Country Day. Cox graduated from Harvard College in 1934 and Harvard Law School in 1937 where he was a member of Phi delta phi legal fraternity, and joined the Boston law firm of Ropes, Gray, Best, Coolidge and Rugg, now known as Ropes & Gray. During World War II, he was appointed to the National Defense Board, and then to the Office of the Solicitor General.

After the war ended, Cox joined the faculty at Harvard, where he taught courses in torts and in administrative, constitutional, and labor law. During that time, he also became an adviser and speech-writer for John F. Kennedy, who was at that time U.S. senator from Massachusetts. In 1961, Cox joined the new Kennedy administration as solicitor general. At a time when civil rights protesters were routinely chased with dogs and clubbed, he became JFK's point man on pursuing legal remedies to injustice, often appearing before the Supreme Court. Among the cases he was involved in were Baker v. Carr, which set the standards for reapportionment; Heart of Atlanta Motel v. United States, which broke grounds on public accommodations for African-Americans under the Civil Rights Act of 1964; South Carolina v. Katzenbach, which upheld the Voting Rights Act; and Buckley v. Valeo, which reformed campaign financing. In 1965, he returned to the law school.

Watergate special prosecutor

On May 19, 1973, Cox took another leave to accept appointment as the first Watergate special prosecutor. Less than two months following his appointment, Cox learned with the rest of America of Nixon's secret tapes. Over the next few months, Cox, the Senate Watergate committee, and Judge John Sirica battled with the White House over those tapes. During the fight, after Sirica ordered Nixon to comply with the committee and Cox's demand, Cox offered the President a compromise. On October 20, 1973, in an event termed the Saturday Night Massacre, U.S. President Richard Nixon ordered Cox fired, due to Cox's insistence on obtaining secret White House tapes. Rather than comply with this order, both Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus resigned. The order was ultimately carried out by the Solicitor General, Robert Bork. Upon being fired, Cox stated, "whether ours shall be a government of laws and not of men is now for Congress and ultimately the American people."

The firing of Cox illustrated the need for independent counsels — prosecutors specifically appointed to investigate official misconduct. After Nixon's resignation, Cox became chairman of Common Cause, became the founding chair of the Health Effects Institute, and was made an honorary member of the Order of the Coif in 1991. Besides the Paul Douglas Ethics in Government Award, Professor Cox was also the recipient of the Thomas "Tip" O'Neill Citizenship Award.

Death and legacy

Cox died at his home in Brooksville, Maine of natural causes on the same day as Sam Dash, chief counsel to the House Judiciary Committee during the Watergate scandal.

The New York Times wrote, "a gaunt 6-footer who wore three-piece suits, Mr. Cox was often described as 'ramrod straight,' not only because of his bearing but also because of his personality."

Cox was the great-grandson of William M. Evarts, who defended President Andrew Johnson during his impeachment hearing and became Secretary of State in the Hayes administration. He was also a direct descendant of Roger Sherman, a Connecticut signer of the Declaration of Independence; Archibald Cox, Jr. 6, Frances Bruen Perkins 5, Elizabeth Hoar Evarts 4, William Maxwell Evarts 3, Mehitabel Sherman 2, Roger Sherman 1.

Bibliography

A partial list of Cox's books:

* Freedom of Expression. (2001) ISBN: 0735102368 * Law and the National Labor Policy. (1983) ISBN: 0313237948 * The Role of the Supreme Court in American Government. (1977) ISBN: 0198274114 * The Court and the Constitution (1988) ISBN: 039548071X

Further reading

* "Cox and Nixon." Time. October 29, 1973. *Gormley, Ken. Archibald Cox: The Conscience of a Nation. New York: Perseus Books, 1999. ISBN 0738201472

External links

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This biography says:

...Cox was the great-grandson of William M. Evarts, who defended President Andrew Johnson during his impeachment hearing and became Secretary of State in the Hayes administration...

That biography says:

...Great-grandson Archibald Cox served as a U.S. Solicitor General and special prosecutor during President Richard Nixon's Watergate Scandal, whereas Evarts defended a president in his impeachment trial...

This biography says:

...President Richard Nixon ordered Cox fired, due to Cox's insistence on obtaining secret White House tapes. Rather than comply with this order, both Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus resigned. The order was ultimately carried out by the Solicitor General, Robert Bork...

That biography says:

...He was a prominent figure in the Watergate Scandal, having refused an order from Nixon to fire special prosecutor Archibald Cox....

That biography says:

...Sentelle also acknowledged that he was looking for a Republican "who had been active on the other side of the political fence" to head the new investigation, in keeping with the tradition of such independent counsels as Archibald Cox and Leon Jaworski (then known as special prosecutors). One of the other judges on the panel was a Democratic appointee to the bench; he registered no dissent over Starr's appointment...

That biography says:

...Archibald Cox, the special prosecutor in the Watergate Scandal, and philosopher of law Ronald Dworkin each served as law clerks for Hand.

This biography says:

...Evarts, who defended President Andrew Johnson during his impeachment hearing and became Secretary of State in the Hayes administration. He was also a direct descendant of Roger Sherman, a Connecticut signer of the Declaration of Independence; Archibald Cox, Jr. 6, Frances Bruen Perkins 5, Elizabeth Hoar Evarts 4, William Maxwell Evarts 3, Mehitabel Sherman 2, Roger Sherman 1.

That biography says:

...Watergate-era proscecutor Archibald Cox, famous for his firing during the Saturday Night Massacre was a direct descendant of Roger Sherman....

This biography says:

Archibald Cox, Jr., (May 12, 1912 – May 29, 2004) was an American lawyer who served as U.S. Solicitor General under President John F. Kennedy, and later became best known as the first special prosecutor for the Watergate scandal.
How is Archibald Cox connected to Rutherford B. Hayes? Tell the world.

This biography says:

* Archibald Cox Oral History, audio and transcripts from 2000 interview with Archibald Cox * Biography from a Department of Justice website * Bloomberg News story on Cox and Samuel Dash * Find-A-Grave profile for Archibald Cox

That biography says:

...Samuel Dash was born in Camden to Joseph and Ida Dash, immigrants from the Soviet Union. Dash died in Washington, D.C. of congestive heart failure, aged 79, on the same day as Archibald Cox, the special prosecutor for the Watergate Scandal.

This biography says:

...Cox was the great-grandson of William M. Evarts, who defended President Andrew Johnson during his impeachment hearing and became Secretary of State in the Hayes administration. He was also a direct descendant of Roger Sherman, a Connecticut signer of the Declaration of Independence; Archibald Cox, Jr...

This biography says:

...Rather than comply with this order, both Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus resigned. The order was ultimately carried out by the Solicitor General, Robert Bork. Upon being fired, Cox stated, "whether ours shall be a government of laws and not of men is now for Congress and ultimately the American people."...

That biography says:

...In an event known as the "Saturday Night Massacre", Ruckelshaus and his boss, Elliot Richardson, famously resigned their positions within the Justice Department rather than obey an order from President Richard Nixon to fire the Watergate special prosecutor, Archibald Cox, who was investigating official misconduct on the part of the president and his aides....

This biography says:

...During the fight, after Sirica ordered Nixon to comply with the committee and Cox's demand, Cox offered the President a compromise. On October 20, 1973, in an event termed the Saturday Night Massacre, U.S. President Richard Nixon ordered Cox fired, due to Cox's insistence on obtaining secret White House tapes. Rather than comply with this order, both Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus resigned...

That biography says:

...He lost support from some in his own party as well as much popular support after what became known as the Saturday Night Massacre of October 20, 1973, in which his demand that independent special prosecutor Archibald Cox be dismissed, was refused to be carried out by Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus, who both resigned in protest...

That biography says:

...Jaworski was appointed to that position on November 1, 1973, shortly after the Saturday Night Massacre which led to the dismissal of prosecutor Archibald Cox....

That biography says:

...In 1973, Leach resigned his commission in protest of the Saturday Night Massacre when Richard Nixon fired his Attorney General, Elliot Richardson, and the independent counsel investigating the Watergate break-in, Archibald Cox....

That biography says:

...A revolving door at the top of the ESA and its key agencies worsened the situation. Nathan Feinsinger, the chairman of the WSB, resigned in July 1952. Putnam appointed Archibald Cox as his replacement in August. Ellis Arnall resigned in early August, and Putnam appointed Tighe Woods, chairman of the federal rent stabilization agency, as his successor...
How is Archibald Cox connected to Charles Fried? Tell the world.
How is Archibald Cox connected to Theodore Olson? Tell the world.
How is Archibald Cox connected to John W. Davis? Tell the world.

That biography says:

...A frequent contributor to Commentary, New Republic and the New York Times, Bickel represented the latter in the Pentagon Papers case (1971). He also defended President Richard Nixon’s order to dismiss special Watergate prosecutor Archibald Cox.

That biography says:

...It was rumored that Nixon may have been influenced to grant the pardon by Vice President Spiro Agnew, who was a personal friend of Frank Sinatra). Although the matter was investigated by Special Watergate Prosecutor Archibald Cox, no evidence was found of corruption. DeCarlo was released from prison in December 1972...