John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciary Committee of the US House of Representatives, and an associate deputy attorney general at the US Department of Justice. His undergraduate studies were at Colgate University and the College of Wooster, with majors in English Literature and Political Science; then a graduate fellowship at American University to study government and the presidency before entering Georgetown University Law Center, where he received his JD with honors in 1965.

John recounted his days at the Nixon White House and Watergate in two books: Blind Ambition (Open Road 2016) and Lost Honor (1982). After retiring from a business career as a private investment banker doing middle-market mergers and acquisitions, he returned to full-time writing and lecturing, including as a columnist for FindLaw's Writ (from 2000 to 2010) and Justia’s Verdict (since 2010). Donald Trump’s election and presidency have created renewed interest in (and sales of) John’s earlier New York Times best-sellers: Conservatives Without Conscience (2006), which explains the authoritarian direction of the conservative movement that resulted in Trump’s election a decade before it happened, and Broken Government: How Republican Rule Destroyed the Legislative, Executive, and Judicial Branches (2008), which addresses the consequences of GOP control of government. His most recent bestseller, The Nixon Defense: What He Knew and When He Knew It (2014), is currently being developed by Entertainment One and ABC Television into an eight or ten-hour miniseries entitled “Watergate.”

John held the Barry M. Goldwater Chair of American Institutions at Arizona State University (academic years 2015-16), and for the past decade and a half he has been a visiting scholar and lecturer at the University of Southern California's Annenberg School of Communications. Currently, Dean is working on his twelfth book about Donald Trump’s presidency, while providing commentary and analysis on the Trump presidency as a CNN News contributor and analyst, and teaching continuing legal education (CLE) programs that examine the impact of the American Bar Association's Model Rules of Professional Conduct on select historic events from Watergate (and the Trump presidency) with surprising results – see

Columns by John Dean
Who Won, Vicki Iseman or The New York Times? And What About the Debate?

Justia columnist and former counsel to the president John Dean comments on a 2008 New York Times story and its continuing fallout. The story insinuated that lobbyist Vicki Iseman had a romantic relationship with John McCain, who was then emerging as the presumptive GOP presidential nominee. But even The Times’ own ombudsman noted the story’s lack of proof. While McCain had no real remedy based on the story, Iseman sued The Times for defamation. Dean comments on the Iseman lawsuit, on a defamation suit filed by Barry Goldwater, and on American defamation law more generally. Dean also warns readers that their social-media activities may make them vulnerable in defamation suits, and draws on relevant advice from defamation experts Coleman Allen and Rodney Smolla.

New Accusations by a Nixon Apologist Based on Recently Discovered Information Regarding the Watergate Cover-Up Trial

Justia columnist and former counsel to the president John Dean comments on Watergate revisionism, and, in particular, Geoff Shepard’s recent piece in The Atlantic claiming that Nixon’s top advisers did not get justice when they were convicted for conspiracy, obstruction of justice, and perjury. Dean strongly differs with Shepard’s account, and explains precisely why. Among other points, Dean rebuts Shepard’s claim that former Watergate Special Prosecutor Leon Jaworski and Judge Sirica held secret ex parte meetings which were unlawful.

Understanding This Town: Two Parties and a Funeral-Plus, Plenty of Valet Parking-in America’s Gilded Capital by Mark Leibovich

Justia columnist and former counsel to the president John Dean comments very favorably on the new book This Town (meaning Washington, DC and environs) by Mark Leibovich, the national correspondent for The New York Times Magazine. Along the way, Dean discusses some of his own interesting observations about the political culture of Washington, DC. At the end of the column, Dean also collects other reviews of the book, linking to them so that readers may sample an array of takes on This Town.

Noriega v. The Huffington Post: The End of the Story

Justia columnist and former counsel to the president John Dean comments on the story of a young Panamanian attorney, Juan Carlos Noriega, whose good name someone stole and used to create a phony blog account at The Huffington Post, which posted a bogus article in his name, the content of which he disagreed with. In addition, The Huffington Post then initially refused to take down the bogus article, or even acknowledge Noriega’s attorney’s letter. The full story also involves the federal Communications Decency Act (CDA) sec.230.

Why the Snowden Leak(s) Should Result in a Supreme Court Review of the FISA Court’s Verizon Order

Justia columnist and former counsel to the president John Dean calls on the Supreme Court to act now, after Edward Snowden’s disclosure of the top secret order signed by a Foreign Surveillance Intelligence Act (FISA) court Judge directing Verizon to turn over to the FBI and NSA all call detail records or telephony metadata created by Verizon for communications that occurred wholly within the United States, including even local telephone calls. Dean points out that Snowden’s information has energized those who are committed to protecting our privacy, and that they now are using this new information to head to various courts in order to try to place some controls, via a number of varied lawsuits, on what has been, Dean notes, a time of NSA surveillance gone wild.

Will Director of National Intelligence James Clapper Be Prosecuted for Lying to Congress Regarding the NSA’s Surveillance?

Justia columnist and former counsel to the president John Dean comments on the testimony of DNI James Clapper regarding NSA data-gathering, testimony which appears to be false. Dean explains why, despite the apparent falsity of the testimony, it is highly unlikely that Clapper will be prosecuted. Some of the reasons why that is so, Dean notes, include the difficulty of successfully invoking laws that penalize lying to Congress. Dean describes the key three statutes that might be invoked, and explains why, over American history, there have been so few prosecutions for lying to Congress.

Dealing with National Security Leaks: Obama’s “Plumbers”: Part Two in a Two-Part Series of Columns

Continuing his two-part series of columns on Obama’s “Plumbers,” Justia columnist and former counsel to the president John Dean comments on how President Obama has approached national-security leaks. Strikingly, Dean deems Obama the most aggressive American president since Richard Nixon in dealing with national-security leaks and queries why this is so. Dean also suggests that the President’s approach might be a surprise to many of his enthusiastic supporters among the electorate. Another notable aspect of Obama’s approach to this area, Dean points out, is that it is not clear that a heavy-handed treatment of leakers, such as Obama has adopted, is actually an effective one.

Dealing With National Security Leaks: Obama’s “Plumbers”: Part One in a Two-Part Series of Columns

Justia columnist and former counsel to the president John Dean comments on how certain presidents—specifically, Nixon, Bush, and Obama—have respectively chosen to deal with national security leaks. Most strikingly, Dean notes that President Obama still fully embraces an only slightly modified Bush/Cheney viewpoint on dealing with leaks of national security information. And that Obama position, Dean points out, is quite notable, since such thinking can be traced directly to Richard Nixon’s infamous “Plumbers.” In the column, Dean also tells the story of the original “Plumbers,” to illuminate the parallel. Dean will continue his series on this topic with Part Two on June 14, here on Justia’s Verdict.

President Obama’s Burgeoning Scandals—Benghazi, IRS, and AP’s Telephone Logs—Are All Smoke and No Fire

Justia columnist and former counsel to the president John Dean discusses each of the three scandals on which the media are currently focusing. After commenting on the nature of modern political scandals generally, Dean focuses on the Benghazi scandal, the scandal regarding the IRS’s targeting conservative organizations, and the scandal regarding DOJ’s subpoenaing AP telephone records. Each scandal, Dean concludes, will not be found significant in the end.

Unfortunately, Conspiracy Theorists Are Now Busy Concocting Bizarre Explanations of The Boston Marathon Bombing

Justia columnist and former counsel to the president John Dean discusses the troubling conspiracy theories that have arisen in the wake of the Boston Marathon bombing—including the “false flag attack” claim postulating that the Boston bombing was the work of the government, intended to result in taking weapons away from Americans. Dean discusses these and other conspiracy theories, and why some people believe in them, drawing in part on academic papers on the subject. Dean also notes the role of the conspiracy entrepreneurs, who profit in some way from propagating the belief in the conspiracy, and the cost we may be paying for the popularity of conspiracy theories, particularly ones that are anti-government.

Unstated Findings of the Detainee Treatment Report: Bush/Cheney & Co. Are War Criminals

Justia columnist and former counsel to the president John Dean comments on the bipartisan Detainee Treatment report that was recently released by The Constitution Project (TCP). Dean characterizes the report’s findings as nothing less than devastating. In particular, Dean notes that the report leads Dean—who serves on the TCP committee on Liberty & Security—to conclude that Vice President Dick Cheney, as well as others, engaged in war crimes. Dean focuses especially on TCP’s most notable findings in his column.

Was the Recording of Senator Mitch McConnell’s Campaign a Watergate-like Event, and Was It Illegal?

Justia columnist and former counsel to the president John Dean comments on the recent controversy over the recording of Senator Mitch McConnell's campaign. Though some have compared the incident to Watergate, and suggested that the recording was illegal, Dean contends that neither the Watergate comparison nor the suggestion of illegality is accurate, and explains exactly why.

Republicans’ Ongoing Desperation: They’re Still Attacking Voters and Government

Justia columnist and former counsel to the president John Dean comments on recent Republican ploys, such as seeking to disenfranchise those who will likely vote for Democrats. Dean contends that the GOP has forgotten the basics of American democracy, and that its anti-government stance and its attacks on spending are creating new and unnecessary problems, when there are many other problems that we have yet to effectively address. Dean also warns that America only works based on widespread human decency, a tenet that he contends that the Republicans are testing.

Senator Ted Cruz (R TX): The Tea Party’s New Intellectual at Work

Justia columnist and former counsel to the president John Dean comments on Senator Ted Cruz, who has made news lately. Deeming Cruz an authoritarian conservative, Dean discusses Cruz’s recent clash with fellow Senator Dianne Feinstein, and Cruz’s background and views. Dean also argues that while some call Cruz a wacko, he is better described as a troll; and explains why even some conservative commentators are finding Cruz to be going beyond their limits.

End Republican Party Obstructionism: Follow the California Model

Justia columnist and former counsel to the president John Dean argues that Republican obstructionism in Washington, DC today can be solved in ways similar to those that defeated Republican obstructionism in California. Dean chronicles key events in California’s experience, commenting on the Schwarzenegger Administration and the most recent Brown Administration, and remarking upon the ways in which Democrats, Labor, and Progressives made the Republican Party irrelevant in California, with tactics including registration drives targeting ignored categories of voters. Dean also details the five-step process used in California to defeat Republican obstructionism, and suggests how a similar process could be used at the national level, as well.

Some, Albeit Little, Hope for Voting Reform

Justia columnist and former counsel to the president John Dean discusses President Obama’s State of the Union voting commission proposal, and the two well-known Washington lawyers—one a Democrat, the other a Republican—who will head the Commission. The Commission will be tasked with improving the voting experience for Americans, in the face of, among other voting problems, reports of extremely long lines at the polls in some states in 2012. Dean argues that the history of presidential commissions is not encouraging, but that President Obama’s Commission could do some good if it focused on preventing a repeat of Republicans’ efforts in 2012 election to make voting more difficult, and thus advantage their own party.

Eric Cantor’s GOP Rebranding: Same Old Same Old

Justia columnist and former counsel to the president John Dean offers a sharp critique of House Majority Leader Eric Cantor’s recent speech, “Make Life Work for More People.” Dean sees the speech as a pure public relations move, to initiate a kind of rebranding of the Republican Party. Dean contends, though, that there is nothing truly new in Cantor’s speech, if one reads it closely, with an eye to history. Dean comments specifically on five areas on which Cantor commented: education, healthcare, workplace reforms, immigration and innovation, and in each area deems Cantor’s views mundane. Dean also locates Cantor’s views within modern conservatism and its key thinkers.

Dealing With Aaron Swartz in the Nixonian Tradition: Overzealous Overcharging Leads to a Tragic Result

Justia columnist and former counsel to the president John Dean comments on the Aaron Swartz case—in which the brilliant young computer programmer was, according to many commentators, including Dean himself, overzealously prosecuted—and eventually chose suicide over the likely lengthy prison sentence that he faced, based on his downloading for free numerous journal articles that otherwise would have cost money to access, and using MIT facilities to do so. Dean recalls instances where others have proved more reasonable, such as the case of a Vietnam War demonstrator with which Dean was familiar, and deems the Swartz case an instance of blatant prosecutorial overcharging. Dean also warns that there is nothing unusual about Swartz's case, in that prosecutorial overcharging is rife.

Why President Obama Could Easily Be Impeached Over the Debt Ceiling If Congress Fails to Raise It

Justia columnist and former counsel to the president John Dean discusses the debt-ceiling crisis and how it might play out. Dean notes that if both sides remain adamant in their positions, we will be in unchartered territory, and that President Obama is refusing to negotiate this time around. To make the stakes here clear, Dean describes the impact of failing to raise the debt-ceiling limit. Moreover, citing the work of fellow Justia columnists Neil Buchanan and Michael Dorf, Dean also explains the constitutional and legal problems that will arise if the debt ceiling is not raised, and why its not being raised is a real possibility. Dean also questions whether an out-of-control Congress might even attempt to impeach President Obama if he were to be forced to break the law in order to prevent the U.S. from defaulting, and avert a financial catastrophe.

A Necessary Beginning To Ending Capitol Gridlock: Filibuster Reform

Justia columnist and former counsel to the president John Dean urges that filibuster reform is vitally necessary if the nation is to get Congress working again. Dean places the problem squarely on Republicans’ shoulders, and describes the Party’s filibuster abuses. He also notes the baleful effect of the Republicans’ use of the filibuster upon the judicial confirmation process, triggering an emergency situation in the judicial branch. Dean comments on what effective filibuster reform would look like; contends that there are no strong arguments against it; and explains the so-called “nuclear option” that Democrats still could invoke if they so chose.