BerksBarrister_Fall2021 - 19

grey area than a man taking bribe money as Vice President. There
is an apt line in their both being beloved fighters to their political
bases (albeit Trump never conceded as Agnew did) as well as
to the penultimate question being asked in both cases: Can you
even prosecute them? Do you have standing to take on the sitting
And here is where Ms. Maddow and Mr. Yarvitz nail an
amazing and accurate factoid that even the most politically
obsessed observer likely had missed. In showing why the Office
of Legal Counsel (OLC) memo on which indicting Presidents
came into existence-the same memo Robert Mueller based his
decision to refuse to prosecute then President Trump-it was
not initially to save Nixon, but in damnation of Agnew. Who,
similar to Trump, had been touting his safety as the Executive in
preventing prosecution, but as the OLC memo laid out, the Vice
President is merely a title and a paycheck, not the executive. Thus,
Spiro Agnew was finally left holding the bag and resigned. All of
this was lost to our thoughts for years, since ten days after Agnew
walked out, The Saturday Night Massacre occurred, beginning
the end of President Richard Milhous Nixon.
Bag Man is a delightfully easy read of America's least talked
about Felonious Politician. If reading isn't your bag after hours
reviewing plea sheets, memos, or judicial opinions, it's available
via podcast as well as for free on Spotify, Apple Music, and other
outlets. If you are looking to review what justice looks like in
the face of the ultimate odds through the prism of the criminal
and the four prosecutors trying to take him down, then Bag
Man should make your Fall reading list. The pages lay down the
immutable fact that, if you dare to commit crimes and sully our
society, despite who you are6
, no one is above the Law.
Mr. Raymond Edward Baker, Esquire, is a Berks County
Assistant District Attorney. Any opinions reflected in the
piece do not reflect the opinions, policies, or positions of the
Berks County District Attorney's Office.
Also at the request and encouragement of Past Berks Bar President Donald F.
Smith, Jr.
For Non-Lawyers or Non-Criminal Lawyers Nolo Contendere, also
known as No Contest Pleas, are a form of plea where the Defendant does not
admit to their guilt of the alleged crimes, however, they admit that if taken
to trial before a Judge or Jury they would be found guilty beyond a reasonable
doubt based on the evidence against them.
No relation to this author.
As the book notes, Spiro Agnew, like all Vice Presidents before him, did not
have a residence assigned and was living in a Penthouse Suite; later Vice
Presidents would be assigned living quarters at the U.S. Naval Observatory.
This book and podcast were made prior to the Impeachment in relation to
Trump's complicity and solicitation to the actions taken by the insurrectionists
who invaded the Capitol Building on January 6, 2021.
Well, except maybe the President of the United States, see the " Amenability
of President, Vice President, and Other Civil Officers to Federal
Criminal Prosecution while in Office. Memorandum. Office of Legal
Counsel (1973).
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Fall 2021 | 19


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