Then, after all the ups and downs, the turmoil and consternation, I landed finally in a weirdly logical place, at the Georgetown University Law Center in Washington, D.C.
How did that
happen? It’s been fifty years now, half
a century, since I first came to settle here in the DC area. Here I would put down roots, meet my wife
Karen of 38 years, have multiple careers, buy cars and houses, grow older. But back then in 1973, who knew what might
last, if anything? We were all still shockingly
young, me, my friends. The city was old
but changing. Hardly recognizable from
today, we and it both.
From Hippie to Law School
I had never actually
wanted law school. My Dad was a lawyer,
and he never seemed to like it much. But
Washington itself was another matter, especially during that unique period of
the 1970s.
Before 1973 I had
been to Washington only twice in my life. And, no
joke, both times I’d had tear gas thrown at me by the National Guard. I had been a student protester against the Vietnam
War, first in November 1969, then May 1970 after the Cambodian invasion and the
shootings at Kent State University. (See
earlier blog: Growing Up in the Last Century: Tear-Gassed
in Washington DC, May 1970.) These marches
were fabulous events, drawing hundreds
of thousands, the political Woodstocks of that era. I hardly realized at the time that they were shaping
me, planting seeds in my mind.
What I looked like on first arriving in Washington D.C. in August 1973, fifty years ago, to start law school. |
Back in college,
my parents had pushed me to take the Law Boards and I agreed, mostly just to humor them. I was so dismissive that I didn’t bother to prepare, didn’t study.
Still, I scored well enough – perhaps because I felt no real pressure - that
my parents again pressed me at least to apply, at least as a backup. So, fine, I applied to two law schools, one
on the East Coast, one on the West. Georgetown
said yes, the other said no. All of
which led to my third trip to Washington, D.C., in June 1973, to see this Georgetown
Law School for myself. I’d never visited
or had an interview at the school while applying, so I made an appointment for
one now.
On to Washington
I took the train from New York, traveling by myself since I had alienated most of my family and friends by then. Reaching DC, I walked the few blocks from Union Station. Georgetown Law had recently moved into a new building on New Jersey Avenue at the foot of Capitol Hill. That day happened to be the day John Dean, President Nixon’s recently fired White House counsel and now chief accuser, was testifying before the Ervin-led Senate Watergate Committee, just a few blocks away. The law school had me wait in the faculty lounge for my interview, and here I watched a gaggle of professors mingling around a TV watching the hearing, chatting about it. What struck me was this: their banter made clear that virtually every one of them was connected somehow to the big show. This one was advising the Senate, that one the White House. Another was best friends with a key staffer and repeated some delicious gossip, yet another had a column in that day’s Washington Post or Star.
Georgetown Law School, as it looked in 1973, about half-a-dozen blocks from the US Senate Office Buildings, |
All this, not to
mention Sam Dash, yet another Georgetown Law professor and friends with all the
others, his face right there on the TV screen as Senator Ervin’s committee
chief counsel. Here they all were at
Georgetown Law School. Before my
interview even started, they’d sold me on the place.
On one level, Washington,
D.C. seemed like a scarred city when I moved there in August and found an
apartment within bicycling distance of the law school (since I didn’t have a
car). The apartment was between 6th
and 7th Streets SE on Independence Avenue on Capitol Hill. Just
five years earlier, in 1968, riots following the assassination of Dr. Martin
Luther King had come within a few short blocks of this spot. Many parts of the city remained unrepaired
from the fires and damage. Capitol Hill
rowhouses that today sell for multiple millions of dollars sat on the market
untouchable. The term “gentrification” wasn’t
being used yet to describe changes in the wind for neighborhoods like Capitol
Hill; it would take another decade or so for those to take root. But walking the streets or shopping in the
local stores, tensions were inescapable.
Richard Nixon
still sat in the White House, J. Edgar Hoover had only recently vacated the FBI
by dying in office, and memories of recent police confrontations at anti-war
protests and in the riots after the killing of Dr. King remained fresh.
But
a new energy also seemed to permeate the city in 1973. New waves of people had come here during the
Kennedy and Johnson years, and the Watergate scandal itself brought a certain
glamour to Capitol Hill. Scores of young
people wanted to work there and in the press.
A Washington music scene was bubbling in places like the Cellar Door in
Georgetown, WHFS on the radio, Irish music at the Dubliner, jazz at Blues
Alley, bluegrass at the Birchmere in Arlington, dancing at Déjà Vu, folk at the
Chancery across the street from Georgetown Law, plus all the big rock concerts
at RFK stadium, the Warner Theater, and on the Mall.
Finally, Capitol Hill
It
took until my third year of law school before I finally had the chance to plant
my flag on Capitol Hill itself. I signed
up for a “clinical” program on Legislation where I would get course credit for
working as a Senate intern while taking seminars team-taught by a professor,
Roy Schotland, and a working Hill staffer, Michael
Pertschuk, the future FTC chairman and then-chief counsel to the Senate
Commerce Committee. Finding a
Congressional internship meant knocking on doors in the Senate office buildings,
no appointments, no friends or contacts, just carrying my sparse resume and
asking for a chance.
After many tries and failures, I finally got lucky and landed a spot in the office of Senator Chuck Percy (R.-Ill.). Percy was then the top Republican on the Senate Committee on Government Operations, soon to be expanded and renamed Governmental Affairs, today Homeland Security and Governmental Affairs.
Senator Percy at
the time was a leading national figure, a liberal Republican back when those
existed: conservative on finance but anti-war, anti-Watergate, pro-civil rights
and political reform. He looked and
spoke like a Senator straight from central casting, handsome, baritone voice,
articulate enough to debate William F. Buckley on his Firing Line TV
show one day, then tangle with Nixon’s White House or Chicago’s autocratic
Mayor Daley Sr. the next. And the
Governmental Affairs Committee itself, under its chairman Senator Abe Ribicoff
(D.-Conn), was experiencing something of a renaissance. It had
recently produced the landmark 1975 Congressional Budget and Impoundment Act,
was considering high-profile reforms stemming from the Watergate scandal, and would
soon handle key proposals from President Jimmy Carter to create new
Cabinet-level Departments of Energy and Education. Its Permanent Subcommittee on Investigations,
chaired in the 1950s by none less than Joe McCarthy (R.-Wis.), held eye-popping
investigations that often grabbed headlines.
The 1975-76 academic year would be brutal for me, working by day on Capitol Hill, night classes at Georgetown Law, then followed by an even-more-brutal summer of 1976 preparing for the bar exam while taking two more courses needed to finish school. All this was capped by a mid-summer week that included the two-day bar exam, a term paper, plus two final exams.
After that last exam, I was spent. All I could manage was to stagger back to my
small apartment and polish off a bottle of Wild Turkey while staring into
space, no drugs needed. Those were the days.
A few days later, I remember joining some friends at the Bicentennial fireworks on
the National Mall amid a crowd estimated at a million people. I still remember
the brownies we ate and how they made the fireworks extraordinary.
With
law school now finished, my Capitol Hill internship soon turned into an actual
job as a young committee staff counsel working for Senator
Percy. There is a popular Washington
stereotype of all those young Congressional staffers in their twenties pretending
to run the world, thinking they’re smarter than everyone else. That was me in the mid-1970s walking about the
US Senate, arrogant, entitled, mostly scared to death that I was totally out of
my depth, faking the whole thing.
The Last Great Senate
The Capitol Hill of the 1970s is hardly recognizable compared with the hyper-partisan, dysfunctional Congress of today. My friend from those years Ira Shapiro, who was also a staffer on the Senate Governmental Affairs Committee, captured it in a book he wrote called The Last Great Senate. It was a wonderful place to work, especially as a first job out of school. Like those old Upstairs-
Downstairs TV dramas, the Senators promenaded the national stage while their staffs behind the scenes mingled together in their own world. Partisan divides existed, but we were all friendly back then, Republicans and Democrats. One friend compared it to a college campus, the lawns and buildings and restaurants, the different committee staffs like the different academic departments.
On our Committee, Governmental
Affairs, the Democratic Chairman Ribicoff and Ranking Republican
Chuck Percy, my boss, saw eye-to-eye on most big things, despite a long list of policy differences. Sen. Percy’s
favorite catch phrase, repeated after any tough meeting, was simply this: “always disagree
without being disagreeable.” And what a
kick it was to sit at a table (or rather just behind it) with the likes of Ribicoff,
Percy, Jacob Javitz (R.-NY), Charles Mathias (R.-Md.), Lawton Chiles (D.-Fla.),
Tom Eagleton (D.-Mo.), Sam Nunn (D.-Ga.), John Glenn (D.-Oh.), so on – all household
names back then and members of the Governmental Affairs Committee. Seeing them interact, these smart,
strong-willed people, each eccentric in his own way, haggling over issues and
legislation like a sophisticated game of three-dimensional poker, counting
votes and hatching schemes, put all those dry theories of legislation in an
entirely new human light.
It wasn’t all flowers
and roses. Senators had big
personalities, with temper tantrums and egos to match. We staffers saw plenty. Some Senators were prima donnas treating their
staffs like maids and servants. Some showed
up drunk at hearings or floor debates (alas, no more with C-Span on the
job). Others failed to do homework,
then botched simple questions or speeches or sat clueless in key meetings. Once, while we were having a staff meeting in
a committee hearing room, an aging senator walked in and wandered around
totally bewildered, unaware of where he was or what he was doing, until Senator
Percy tactfully spoke with him, calmed him, and walked him to his destination
down the hall.
I was the youngest
lawyer on the staff, so I was assigned at first to cover issues involving the Post
Office and Civil Service. For Senator
Percy, the most important of these was to keep an eye on the Federal Hatch Act,
which bars partisan politics by career civil servants. Percy came from Chicago, then ruled by
old-time Democratic Boss Mayor Richard Daley Sr., and Percy had made fighting political
corruption a major theme in his campaigns.
My directive on the Hatch Act was
this: “Don’t let them do to Washington, D.C. what Mayor Daley does to Chicago.”
Hands off!!
Oddly, this assignment would place me in the middle of two major events of the Jimmy Carter Administration: the Bert Lance hearings and the Civil Service Reform Act of 1978.
The Lance Hearings
Things had started
badly between our committee and President Carter’s White House. In mid-1977, a scandal erupted involving T.
Bertram Lance, the Director of the Office of Management and Budget (OMB), a top
job in any administration and overseen by our committee. Lance, before coming to Washington, had
headed the National Bank of Georgia, and Federal bank regulators identified several
irregularities at Lance’s bank. The
scandal escalated into hearings and accusations. Newspapers assigned teams of investigators to
dig up dirt. Percy and Ribicoff
presented a united front on the controversy, both demanding that Lance resign.
But Lance refused and the issue turned bitterly partisan.
It all culminated
in public hearings that September of 1977, covered gavel-to-gavel on CBS network
television, the first such televised hearings since Watergate. For our Governmental Affairs Committee, this
meant all hands on deck. Even as the
junior lawyer on staff, I soon found myself poking my face onto the TV screen,
one of those staffers sitting behind the Senators as the hearings unfolded, the
ones who had impressed me so much during Watergate.
The publicity was glaring; given the enormity of it at the time, it is remarkable how this event is so largely forgotten today. It was fun at first. When I spoke to my parents at home in upstate New York, they reported how their friends had seen me on TV and, of course, had focused on the important points: “Why can’t Kenny get a haircut?” “His suit looks terrible on TV?”
Bert Lance before Governmental Affairs Committee in 1977. |
But when Lance
himself finally came to testify, the hearings turned highly
confrontational. We received death
threats, directed at Senators and staff alike.
At one low point, Carter’s White
House accused Senator Percy of taking illegal gifts, free airline flights, from
a lobbyist. Fortunately, Percy was able
to produce a cancelled check within hours proving he had paid for the flights
himself and the story was fiction, but Carter’s team never retracted nor
apologized. To poison the well further,
several Senators made public accusations against senior committee staff members
before it was over.
Within days after
the hearings, Lance resigned his post at OMB and tempers started to cool. Now I learned another lesson: how politicians
make peace. After all the bad feeling
from the Lance hearings, Senators Ribicoff and Percy wanted to heal the wound. Senator Percy was facing re-election in 1978
and eager to find a good positive issue to present the voters in Illinois.
Civil Service Reform
The opportunity came in early 1978 when President Carter announced his landmark proposed Civil Service Reform Act of 1978, which he hoped to make a centerpiece in his post-Watergate commitment to reform government. It would be the first major rewrite of civil service rules since 1883, when Congress passed the original Pendleton Act after the 1881 assassination of President James A. Garfield by a purported disappointed office seeker. (The experience would later lead me to write a book about the Garfield story called DARK HORSE.)
And as the bottom-of-the-totem-pole lawyer handling Post Office and Civil Service issues on the Committee, I found the project landing squarely on my desk.
Congressional staff members can spend decades working in the House or
Senate without ever having the chance to handle a major bill from start to
finish, from hearings to markups to floor debate to conference committee, all
in a single year. But so it was for me with the Civil Service Reform
Act, an amazing learning experience. There
were many high points. Probably the most
entertaining was the conference with the House, where we squared off against
our counterpart House committee, led by Congressmen Mo Udall (D.-Az.) and Ed
Derwinski (R.-Ill.), two smart, funny, creative legislators who knew how to cut
a deal. Their antics lit up the room.
The most lasting
impression, though, came earlier. At one
point just before reaching the Senate floor, the bill became stuck as two
Senators, Ted Stevens (R.-Al.) and Charles Mathias (R.-Md.), put “holds” on it,
trying to win concessions for their Federal-employee constituents. We staffers negotiated for weeks with no
progress. Then the Senators got involved
personally, but again no progress.
Finally, President Carter, seeing his high-profile initiative in
jeopardy, decided to intervene personally and try to break the logjam
himself. Carter invited the four key
Senators, Ribicoff, Percy, Mathias, and Stevens, for a face-to-face, private
meeting at the White House. As the Senators
and President spoke behind closed doors in the Oval Office, we staffers
were directed to sit and wait in the nearby
Cabinet Room - my first time in the West Wing.
After the meeting ended, the Senators came out and told us that they’d
reached a deal. Then they drove off,
leaving us staffers behind to scratch our heads and figure out the details.
The President Steps In
There we sat in
the Cabinet room, joined by some White House staffers. After
a few minutes, as we were trying to decipher what came next, a door opened at
the far end of the room and in stepped a familiar-looking man in a suit. I was at the far end of the table and it took
a minute to recognize him as President Carter.
We were all a bit startled; we weren’t expecting him. He had come by himself, standing alone, no
staff at his side. He seemed shy,
introduced himself in a quiet voice, told us he really appreciated our work, then went around the table and shook hands with each of us.
It’s always
dangerous to read too much into a single brief encounter, but I always took this
day as a cue for why Carter became a one-term President. Perhaps he just didn’t enjoy it enough. (Click
here, by the way, for my take on the Carter presidency.]
We finished the
bill. They held a big signing event for
it at the White House for the Senators, Congressmen, and key lobbyists. And yes, Senator Percy would use it in his reelection
campaign that year – a surprisingly close race, but that’s a story for another
day.
White House signing ceremony for Civil Service Reform Act of 1978. |
End of an Era
For me, the 1970s
ended abruptly on Election Day 1980. It
wasn’t that Ronald Reagan won the White House.
All the pollsters predicted that part.
The surprise came later that night when Republicans captured control of
the Senate, the first Senate party flip in 25 years. I had spent that night watching election
returns at a house party for staffers from our Governmental Affairs Committee,
mostly Democratic. It was a wrenching,
emotional affair. As the hours passed,
many people in the room saw their jobs disappear, their future plans turned upside down. Our group of friends was being broken up. I would avoid election-watch parties for
years after that.
The next morning,
Republican Senators and staffers were elated.
There were celebrations among the winners, shell shock for the
losers. In one Democratic office, pink
slips were circulated at the staff Christmas party. Senator Percy, on the winning side, became
head of the Foreign Relations Committee, a longtime aspiration. In the new regime, I was assigned at first to
a new Governmental Affairs subcommittee where Percy become chairman. One of my first assignments was to hand out
parking spaces to the staffers, including the now-minority Democrats. My instructions: “Treat them the exact same way
they treated us.” On our subcommittee,
there were sixteen parking spaces and the Democrats had previously given the Republicans
three. So, with mathematical precision,
I returned the favor - another lesson in partisanship.
Within months, my
time on Capitol Hill came to an end.
That June, I joined the Reagan Team, taking a job at a small financial regulatory
agency called the Commodity Futures Trading Commission, but, again, more on
that some other time.
I would return to
Capitol Hill many times over the years, including another round as staff
counsel, this time to the Senate Committee on Agriculture working for Democratic
chairman Senator Patrick Leahy (D.Vt.). In
the 1990s when I became an agency administrator (USDA crop insurance chief), I would
appear regularly, presenting testimony at committee hearings and markups,
finally sitting at the adult’s table and participating in my own
voice, having staff support of my own.
But what a
difference those half-a-dozen years made.
By 1980, I was still immature, mixed up, wouldn’t meet my wife for
another couple of years, and still had only the vaguest sense of
direction. But I also knew that I had
something important under my belt, a taste for living history, being part of my
own era, having an impact. It made me
hungry for more. Stay tuned.
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