September 8, 1974, 50 years ago: President Gerald R. Ford issues a pardon to his predecessor, former President Richard M. Nixon. Here is the complete text:
Richard Nixon became the thirty-seventh President of the United States on January 20, 1969 and was reelected in 1972 for a second term by the electors of forty-nine of the fifty states. His term in office continued until his resignation on August 9, 1974.
Pursuant to resolutions of the House of Representatives, its Committee on the Judiciary conducted an inquiry and investigation on the impeachment of the President extending over more than eight months. The hearings of the Committee and its deliberations, which received wide national publicity over television, radio, and in printed media, resulted in votes adverse to Richard Nixon on recommended Articles of Impeachment.
As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States. Whether or not he shall be so prosecuted depends on findings of the appropriate grand jury and on the discretion of the authorized prosecutor. Should an indictment ensue, the accused shall then be entitled to a fair trial by an impartial jury, as guaranteed to every individual by the Constitution.
It is believed that a trial of Richard Nixon, if it became necessary, could not fairly begin until a year or more has elapsed. In the meantime, the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former President of the United States. The prospects of such trial will cause prolonged and divisive debate over the propriety of exposing to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.
Now, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9,1974.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of September, in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.
Despite several major figures in his Administration -- including his Chief of Staff, H.R. Haldeman; his White House Council, John Dean; and the 1st 2 of his 4 Attorneys General, John Mitchell and Richard Kleindienst -- being convicted of felonies and sentenced to federal prison for their various offenses that fell under the umbrella term "Watergate," Nixon would not be charged with any crimes. Whatever he did, whether publicly known now or not, he got away with it.
The backlash against Ford was immediate, and fierce. He had near-universal respect in his 1st month on the job, and was seen as a healing figure. He thought that this pardon would help with the healing process. Instead, some people thought he should have let the legal system take its course with Nixon. Others thought he was in on it, having accepted the Presidency in return for the promise of a pardon. He lost the trust of millions of people, and that pardon was clearly one of the reasons that he was defeated in his bid for a term of his own in 1976.
The Constitution gives the President the power, and the right, to pardon people for violating federal law. The President can do it for any reason. Or for no reason. And if he has a reason, he doesn't have to publicly reveal it. But Ford did have a reason, and it was a justifiable one: Friendship.
Ford and Nixon had served together in the U.S. House of Representatives in 1949 and 1950. Ford had been House Minority Leader from 1965 to 1973, when Nixon rewarded his loyalty by appointing him Vice President, and, professionally, they remained allies until August 9, 1974. They had helped each other. Their families were friends. Ford didn't want to see his friend suffer any further.
There was also the Nixon family to consider. Whatever Tricky Dick did, there was no reason to make his wife Pat, their daughters Tricia and Julie, and the rest suffer through a criminal trial.
In his first speech after taking office, Ford said, "My fellow Americans, our long national nightmare is over." He knew that extending the Watergate story would place an even greater strain on the country. He wanted it over. Which is totally understandable.
On top of that, accepting the pardon was, by definition, a confirmation of guilt. Nixon could have refused the pardon, thus maintaining his stance that he was innocent of any legal wrongdoing, and taken his chance as a private citizen with the criminal justice system. Instead, within an hour of its issuance, he publicly announced that he had accepted it. By doing so, Nixon essentially pled guilty.
He never served a minute in prison. But, until May 31, 2024, he was the only President ever officially remembered as a criminal. Not a "crook," the word he used to defend himself on November 17, 1973. (His 1st Vice President, Spiro Agnew, was a crook.) As an actual criminal.
I used to think that the pardon was the right thing to do. I no longer think that. I still understand and respect Ford's reasoning. But the actions of Donald Trump, from the 2016 election with its interference from Russia through his actions after leaving office, show him to have been an even worse criminal than Nixon.
And, in between Nixon and Trump, there was Ronald Reagan with a whole slew of crimes, including the Iran-Contra Affair; the allegations about Bill Clinton, from Whitewater to his relationship with Monica Lewinsky; and George W. Bush, whose Administration was the shadiest one to that point.
If Nixon had faced prosecution, and had been convicted, and had served time -- even if it was just "house arrest," being confined to his house in San Clemente, California, with only occasional visits from family, and no one else, for a few years -- the message would have been sent to every President, and every would-be President, thereafter: Do not do things like this, because you will get caught, and you will be punished.
Ford's pardon of Nixon sent the opposite message: As President, you are above the law. Or, as Nixon told David Frost in his 1977 interview, "Well, when the President does it, that means it is not illegal."
Yes. It is. Regardless of what John Roberts, Clarence Thomas, Samuel Alito, Neal Gorsuch, Brett Kavanaugh and Amy Coney Barrett say. They lied.
No comments:
Post a Comment