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Friday, July 3, 2009
 
 
ARTICLES  &  COMMENTARY
The Consummate Washington Insider
 
Washington will not be the same without Lloyd Cutler.
 

Charles de Gaulle once remarked that “the graveyards are full of indispensable men,” but the recent death of Lloyd Cutler has made me doubt the truth behind his observation.

Cutler was, of course, the consummate Washington insider, a man at the center of legal and policy circles, a friend and adviser to presidents, members of Congress and foreign leaders. But the trappings of power do not express the essence of the man, his generosity and decency, and most of all his dedication to the public good.

While seemingly all of Washington knew Cutler, many others across the country, including myself, were first introduced to him as undergraduates through an essay he wrote on parliamentary government that became standard reading in many political-science classes. I still remember reading “To Form a Government,” which lamented the difficulty of a president and his party to implement a legislative platform. The piece was essentially an attack on the separation of powers and checks and balances and an argument in favor of what political scientists call “responsible party government.”

At the time, I did not agree with Cutler’s argument, and to this day I believe that we are much better off with a system of independent branches that must voluntarily collaborate to make laws. But it was only when I came to know Cutler in recent years that I understood what animated his thinking.

At heart, Cutler was a doer, one who believed in public service and in tackling the large policy and institutional questions of the day. He could have simply enjoyed the benefits of his private law practice, but he chose again and again to enter the public arena. Twice, he agreed to serve Democratic presidents as White House counsel when their administrations needed the help of an experienced Washington hand. But, he also prosecuted Nazi saboteurs, worked for the Lend-Lease Administration, broke enemy codes and participated in many significant commissions and study groups.

It was through my work on the Continuity of Government Commission that I met Cutler. He was the co-chairman of our commission, but he was no figurehead. While he could have been enjoying his retirement, he was delving into arcane House precedents, editing report drafts and generally promoting the recommendations of the commission to whoever would listen. He cared deeply about the central issue before the commission, that our government be able to reconstitute itself quickly after a terrorist attack.

Cutler’s sense of the need for action extended across party lines. A loyal Democrat, he supported the nomination of Robert Bork to the Supreme Court and other Republican nominees who were controversial. He believed that a president should have wide latitude in picking judges and members of the administration.

He was an important, but not a pretentious, man. I remember calling his office after the issuing of one of our publications, when a clerical glitch had left off the title “the Honorable” before his name, a title he deserved because of his high position in two White Houses. He laughed, joked that he would rather be called “dishonorable” anyway, and told us to send out the piece as printed. He was also known at his law firm for his openness and kind treatment of even the most junior employees, this from a founding partner.

Despite his passing, we are fortunate that some of Cutler’s actions will be preserved in words. His incredible life has been chronicled in part by the Miller Center of the University of Virginia (millercenter.virginia.edu), an organization that Cutler championed for many years. As part of the center’s oral-history project, which records interviews with key figures from the administrations of recent presidents, the center recently released the transcripts of many hours of conversations with Cutler, with more to come.

I doubt I will ever share Cutler’s love of parliamentary government, where a party that wins elections has a clear shot at implementing its program, where the legislature is subservient to the executive and the party. But it is hard not to appreciate Cutler’s sentiments that things should get done, that we could solve many of our problems with hard work and that public service is a noble calling. Washington will not be the same without him.

John C. Fortier is a research fellow at AEI.

 
 
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