Pardon of Richard Nixon

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Pardon of Richard Nixon
Proclamation 4311
Seal of the President of the United States.svg
President Ford announces his decision to pardon former President Richard Nixon - NARA - 7140608.jpg
President Gerald Ford announcing his decision to pardon former President Richard Nixon
Type Presidential proclamation
Signed by Gerald Ford on September 8, 1974
Summary
  • Granted a full and unconditional pardon to former President Richard Nixon

Proclamation 4311 was a presidential proclamation issued by President of the United States Gerald Ford on September 8, 1974, granting a full and unconditional pardon to Richard Nixon, his predecessor, for any crimes that he might have committed against the United States as president. [1] [2] In particular, the pardon covered Nixon's actions during the Watergate scandal. In a televised broadcast to the nation, Ford, who had succeeded to the presidency upon Nixon's resignation, explained that he felt the pardon was in the best interests of the country and that the Nixon family's situation was "a tragedy in which we all have played a part. It could go on and on and on, or someone must write the end to it. I have concluded that only I can do that, and if I can, I must." [3]

Contents

After Ford left the White House in 1977, he privately justified his pardon of Nixon by carrying in his wallet a portion of the text of Burdick v. United States , a 1915 U.S. Supreme Court case where the dictum stated that a pardon carries an imputation of guilt and that its acceptance carries a confession of guilt. [4] [5]

Pardon

Following the release of the "smoking gun" tape on August 5, 1974, Nixon's position had become untenable. In his 1979 autobiography, A Time to Heal, Ford wrote about a meeting he had with White House Chief of Staff Alexander Haig before Nixon's resignation. Haig was explaining what he and Nixon's staff thought were Nixon's only options. He could try to ride out the impeachment and fight against conviction in the Senate all the way, or he could resign. His options for resigning were to delay his resignation until further along in the impeachment process to try to settle for a censure vote in Congress or to pardon himself and then resign. Haig told Ford that some of Nixon's staff suggested that Nixon could agree to resign in return for an agreement that Ford would pardon him. On this subject, Ford wrote:

Haig emphasized that these weren't his suggestions. He didn't identify the staff members and he made it very clear that he wasn't recommending any one option over another. What he wanted to know was whether or not my overall assessment of the situation agreed with his.... [emphasis in original] Next he asked if I had any suggestions as to courses of actions for the President. I didn't think it would be proper for me to make any recommendations at all, and I told him so. [6]

In a Washington Post story published the night Ford died, journalist Bob Woodward said that Ford once told Woodward he decided to pardon Nixon for other reasons, primarily the friendship that Ford and Nixon shared. [7]

Pen used by President Gerald R. Ford to pardon Richard Nixon on September 8, 1974, in the collection of the Gerald R. Ford Presidential Museum "Pardon" Pen.jpg
Pen used by President Gerald R. Ford to pardon Richard Nixon on September 8, 1974, in the collection of the Gerald R. Ford Presidential Museum

Following Nixon's resignation on August 9, 1974, the Nixons flew to their home La Casa Pacifica in San Clemente, California.[ citation needed ] According to his biographer, Jonathan Aitken, after his resignation, "Nixon was a soul in torment." [8] Congress had funded Nixon's transition costs, including some salary expenses but reduced the appropriation from $850,000 to $200,000. With some of his staff still with him, Nixon was at his desk by 7 a.m. with little to do. [8] His former press secretary, Ron Ziegler, sat with him alone for hours each day. [9]

Nixon's resignation had not put an end to the desire among many to see him punished. With his resignation, Congress dropped its impeachment proceedings against him but criminal prosecution was still a possibility both on the federal and state level. [10]

The Ford White House considered a pardon of Nixon, but it would be unpopular in the country. Nixon, contacted by Ford emissaries, was initially reluctant to accept the pardon but then agreed to do so. Ford, however, insisted on a statement of contrition; Nixon felt he had not committed any crimes and should not have to issue such a document. Ford eventually agreed, and on September 8, 1974, he granted Nixon a "full, free, and absolute pardon" that ended any possibility of an indictment. Nixon then released a statement:

I was wrong in not acting more decisively and more forthrightly in dealing with Watergate, particularly when it reached the stage of judicial proceedings and grew from a political scandal into a national tragedy. No words can describe the depth of my regret and pain at the anguish my mistakes over Watergate have caused the nation and the presidency, a nation I so deeply love, and an institution I so greatly respect. [11] [12] [13]

Public response

President Ford appears at a House Judiciary Subcommittee hearing regarding his pardon of Richard Nixon. Gerald Ford hearing2.jpg
President Ford appears at a House Judiciary Subcommittee hearing regarding his pardon of Richard Nixon.

The Nixon pardon was controversial. Critics derided the move and claimed a "corrupt bargain" had been struck between the men: that Ford's pardon was granted in exchange for Nixon's resignation, elevating Ford to the presidency. Ford's first press secretary and close friend Jerald terHorst resigned his post in protest after the pardon.

The Nixon pardon was a pivotal moment in the Ford presidency. Historians believe that the controversy was one of the major reasons that Ford lost the election in 1976, and Ford agreed with that observation. [7] In an editorial at the time, The New York Times stated that the Nixon pardon was a "profoundly unwise, divisive, and unjust act" that in a stroke had destroyed the new president's "credibility as a man of judgment, candor, and competence". Allegations of a secret deal made with Ford, promising a pardon in return for Nixon's resignation, led Ford to testify before the House Judiciary Committee on October 17, 1974. [14] [15] He was the first sitting president to testify before the House of Representatives since Abraham Lincoln. [16] [17] Ford's approval rating dropped from 71% to 50% following the pardon. [18]

Aftermath

In October 1974, Nixon fell ill with phlebitis. Told by his doctors that he could either be operated on or die, a reluctant Nixon chose surgery, and Ford visited him in the hospital. Nixon was under subpoena for the trial of three of his former aides (John Dean, H. R. Haldeman, and John Ehrlichman). The pardon would have put Nixon in a difficult position on the witness stand since he would not have been able to assert any Fifth Amendment privilege when questioned about his actions as president. The Washington Post, disbelieving his illness, printed a cartoon showing Nixon with a cast on the "wrong foot". Judge John Sirica excused Nixon's presence despite the defendants' objections. [19]

Congress instructed Ford to retain Nixon's presidential papers, which began a three-decade legal battle over the documents that was eventually won by the former president and his estate. [20] Nixon was in the hospital when the 1974 midterm elections were held. Watergate and the pardon were contributing factors to the Republican loss of 43 seats in the House and three in the Senate. [21] Two years later, lingering public resentment over the pardon was a factor in Ford's narrow loss to Democratic Party nominee Jimmy Carter in the 1976 presidential election. [22]

After Ford left the White House in 1977, he privately justified his pardon of Nixon by carrying in his wallet a portion of the text of Burdick v. United States , a 1915 U.S. Supreme Court decision which states that a pardon carries an imputation of guilt and that acceptance carries a confession of guilt. [4] In 2001, the John F. Kennedy Library Foundation awarded the John F. Kennedy Profile in Courage Award to Ford for his pardon of Nixon. [23] In presenting the award to Ford, Senator Ted Kennedy said that he had initially been opposed to the pardon of Nixon, but later stated that history had proven Ford to have made the correct decision. [24]

See also

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The president of the United States is authorized by the U.S. Constitution to grant a pardon for a federal crime. The other forms of the clemency power of the president are commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States. In 2021, the 10th Circuit ruled that acceptance of a pardon does not constitute a legal confession of guilt, recognizing the Supreme Court's earlier language as authoritative.

The following is a timeline of the presidency of Richard Nixon from January 1, 1974, to August 9, 1974, when, in the face of almost certain impeachment and removal from office, he resigned the presidency.

The following is a timeline of the presidency of Gerald Ford from August 9, 1974, when Ford became the 38th president of the United States, upon the resignation of Richard Nixon, to December 31, 1974.

References

  1. ↑ Ford, Gerald (September 8, 1974). "President Gerald R. Ford's Proclamation 4311, Granting a Pardon to Richard Nixon". Gerald R. Ford Presidential Library & Museum. Retrieved December 22, 2016.
  2. ↑ "Ford Pardons Nixon – Events of 1974 – Year in Review". UPI.com. Retrieved November 4, 2011.
  3. ↑ Ford, Gerald (September 8, 1974). "Gerald R. Ford Pardoning Richard Nixon". Great Speeches Collection. The History Place. Retrieved December 30, 2006.
  4. 1 2 Shadow, by Bob Woodward, chapter on Gerald Ford; Woodward interviewed Ford on this matter about 20 years after Ford left the presidency
  5. ↑ Flanary, Patrick (December 13, 2011). "How the Nixon Pardon Strained a Presidential Friendship". ProPublica . Retrieved November 27, 2020.
  6. ↑ Ford (1979), p. 4.
  7. 1 2 Shane, Scott (December 29, 2006). "For Ford, Pardon Decision Was Always Clear-Cut". The New York Times. p. A1. Retrieved September 8, 2009.
  8. 1 2 Aitken, p. 529.
  9. ↑ Aitken, pp. 529–30.
  10. ↑ "The Legal Aftermath Citizen Nixon and the Law". Time. August 19, 1974. Archived from the original on January 30, 2011. Retrieved July 24, 2011.
  11. ↑ Nixon, Richard Milhous, statement, in: "The Statement by Nixon," transcript, September 9, 1974, New York Times, retrieved February 14, 2019
  12. ↑ Aitken, p. 532.
  13. ↑ Black, p. 990.
  14. ↑ Gettlin, Robert; Colodny, Len (1991). Silent Coup: The Removal of a President. New York: St. Martin's Press. p.  420. ISBN   0-312-05156-5. OCLC   22493143.
  15. ↑ Ford, Gerald R. (1979). A Time to Heal: The Autobiography of Gerald R. Ford. San Francisco: Harper & Row. pp. 196–99. ISBN   0-06-011297-2. OCLC   4835213.
  16. ↑ "Ford Testimony on Nixon Pardon – C-SPAN Video Library". C-spanvideo.org. October 17, 1974. Retrieved December 30, 2012.
  17. ↑ "Sitting presidents and vice presidents who have testified before congressional committees" (PDF). Senate.gov. 2004. Retrieved November 22, 2015.
  18. ↑ Carroll, Joseph (May 21, 2001). "Americans Grew to Accept Nixon's Pardon". gallup.com. Retrieved May 17, 2017.
  19. ↑ Aitken, pp. 533–34.
  20. ↑ Black, pp. 994, 999.
  21. ↑ Black, p. 998.
  22. ↑ van der Voort, Tom (July 27, 2017). "Watergate: The Aftermath". The Presidency Educational Resources. Charlottesville, Virginia: The Miller Center, University of Virginia. Retrieved January 2, 2020.
  23. ↑ "Award Announcement". JFK Library Foundation. May 21, 2001. Archived from the original on October 3, 2006. Retrieved February 14, 2022.
  24. ↑ "Sen. Ted Kennedy crossed political paths with Grand Rapids' most prominent Republican, President Gerald R. Ford", The Grand Rapids Press , August 26, 2009. Retrieved January 5, 2010.

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