Blogs > Cliopatria > Ford, Moderation, and the Pardon

Dec 27, 2006

Ford, Moderation, and the Pardon




On the HNN home page, Yanek Mieczkowski pens an eloquent tribute to Gerald Ford's moderation. Indeed, over time Ford's moderation has won him a sort of quiet acclaim among historians and other political observers. Much of that acclaim is justified. In comparison to the current president, Ford's moderation looks better and better all the time. I am sure that is one reason that his geniality and his willingness to reach across the aisle dominate the eulogies today.

However, with that growing respect over the past twenty years has emerged something far more questionable, in my eyes. That is a growing belief that his pardon of Nixon was correct, and indeed courageous.

Courageous? Perhaps. It almost certainly cost him reelection. Correct? No.

Let’s take a look at Ford’s statement in granting Nixon his pardon. He gives several reasons for his action.

1. Concern that that a fair trial would be impossible and that any conviction could be overturned.
2. Concern that “ugly passions would again be aroused” by the process of a long trial.
3. His personal concern for Nixon and his family.
4. His belief that Nixon had suffered enough.

The first two are the more substantial. However, neither is as strong as may appear on its face.

Trials of notoriety had been held throughout American history in which damning evidence had been publicly aired. Consider the trial of Jack Ruby. At one level, it might seem to support Ford’s concern because the Texas Court of Appeals overturned his conviction, ruling that a change of venue should have been granted.

But look more carefully. A change of venue would not have reduced the percentage of prospective jurors who would have seen Ruby shooting Lee Harvey Oswald on national television. Nor did anyone then or later suggest that Ruby should not be tried because of the visibility of his crime. The problem of venue in Dallas stemmed from the sense that the entire city felt on trial for the events of the weekend of November 22. Locating the trial of Nixon outside of D.C. would have been prudent, and the debate over where the trial should be held would have been interesting. But a good judge could have kept that debate from getting out of hand, and unless one abandons all faith in the jury system, the juror’s previous knowledge of the events of Watergate would not have been a huge obstacle.

The concern with ugly passions and polarization also had a basis in fact. The Watergate Saga had dragged on a long time, in particular in the fourteen months from the beginning of the Watergate Committee’s hearings in May 1973 to Nixon’s resignation in August 1974.

What we too often forget is that the “smoking gun” evidence only emerged in the last week of July 1974. Nixon’s resignation was only two weeks later, and Ford’s pardon of Nixon came exactly one month after the resignation. So when Ford issued his pardon, he was not addressing a public that had long known the truth about Nixon. He was issuing it at a time that large sections of the public were still assimilating that information and still wondering what they did not yet know. I think that was one reason that a majority wanted Nixon to face trial. It was a joint desire for justice and the truth. The pardon cut off both desires.

Ford feared, I think sincerely, that a trial would “prolong the bad dreams that continue to reopen a chapter that is closed.” But the basis of that assumption was false. The chapter was not closed. He hoped to close it by pardoning Nixon, and he failed. Certainly, the lack of the drip.drip.drip of daily tidbits may have muted the visible anger, but it left a sourness that festered. In a cynical time, it increased cynicism.

It also set a truly unfortunate precedent that helped to cloak George H.W. Bush’s pardon of Casper Weinberger and other Iran Contra figures.

I do not equate Ford’s and the Elder Bush’s actions. Ford at least did it in the light of day, presenting the best reasons that he had. The timing of Bush’s pardons indicates that he acted out of selfish concern for his own future and those of his friends. Ford had no self-protective motives.

However, in reading the pardon carefully, I think that Ford’s personal relationship with Nixon and his family swayed him more than he said, and the humanitarian reasons that that Ford gave, Bush echoed in his pardon message. Thus, I believe I am right in arguing that Bush's pardons—and the justice denied in those cases--are part of the legacy of Gerald Ford’s pardon of Richard Nixon.

Does this make Ford a bad president? Hardly. The good that people are remembering today is based on fact, and that good should be remembered fondly. But it is no slur to Ford’s memory to remind today’s public that the public of 1976 rejected Ford’s bid for reelection. They did so in part not because he was immoderate but because, in the case of his pardon of Richard Nixon, his virtue of moderation and his hatred of polarization became his flaw.



comments powered by Disqus

More Comments:


Oscar Chamberlain - 12/29/2006

Ford also lost Texas, which had gone Republican in four of the preceding six presidential elections. Telling New York to drop dead probably helped Ford there. Ford lost Texas in spite of that.

Certainly Carter's southern roots and moderateness helped him in Texas (as it did in the South), but he also campaigned on never lying to the American people. Would that have been as effective if Ford had not pardoned Nixon?


David Silbey - 12/29/2006

"Yes, Nixon violated a number of laws, but what would have been gained by a criminal prosecution?"

Uh, the upholding of the rule of law, that if someone commits a crime, they are held accountable for it in a court? That the American justice system fails to achieve that ideal on a regular basis is no reason not to strive for it.


David Silbey - 12/29/2006

"the basic point is that both the Watergate investigation"

Pardon me, but could I suggest that what was "bad for our civil fabric" was not the investigation, but the acts themselves?


Ralph E. Luker - 12/29/2006

Ah, David, Nelson Rockefeller _wasn't_ "on the ticket." Ford dumped Rockefeller for Bob Dole, which re-enforces your point. Btw, is Dole the only candidate who has been defeated for _both_ President and Vice President?


David Lion Salmanson - 12/29/2006

Channeling KC Johnson, I'll point to specific political considerations and the New York Post Headline "Ford to NY: Drop Dead" as the cause for Ford losing despite the presence of Rockefeller on the ticket. Now back to my own cultural history self: never underestimate the power of Chevy Chase.


Charles V. Mutschler - 12/29/2006

Oscar, Thank you for your thoughtful comments to mine. Your original piece is, by the way, a reasoned and fair comment, so I hope you didn't take my reply to be a personal rebuke.

I didn't intend my remarks to imply that you thought Nixon should be impeached. But my recollection from the times, and from talking to folks all through the years since is that there are a certain core group of people who are still angry that Nixon wasn't impeached. They think he got away with something by resigning, and then being pardoned, and they are still angry they didn't see him do the perp walk on TV. They feel that criminal prosecution was the only thing that wouldresult in justice being served. I agree with you that in one sense, it can be argued that Ford stopped the process, which may have given later politicians an impression that they could get away with anything. I understand the view, but I don't share it. My perspective is that the bitterness and political polarization would have been even worse than what we now see.

I agree with your second point. I think, though, that there are those folks who see Ford's pardoning Nixon as some kind of quid pro quo for being nominated for Vice President, or think that Ford should not have pardoned Nixon before he was convicted or plead guilty to a criminal act. Neither one of us is making that claim.

Your third point is in some ways the most interesting to me. I agree with you that Nixon's offenses were far more serious from a constitutional perspective than Clinton's. But I think the basic point is that both the Watergate investigation and the Clinton impeachment were bad for our civic fabric. I think Ford had the correct idea that he would use his executive power to try to stop the growing public disenchantment with government. Unfortunately, one reason Clinton was a target for impeachment was the use of the special prosecutors to investigate high officials which was so effectively demonstrated during Watergate. Both parties learned only too well how to use this for political davantage. This is not a particularly positive situation, in my opinion.

I think Ford had the right idea, but it was not successful. I don't think the pardon was the only reason Carter won in 1976, but it was one of several issues, in my opinion - the anger with the Republicans over Watergate, the poor economy, the war in Viet Nam, and Cartger's upbeat campaigning compared to Ford's mis-remarks about communism in Eastern Europe.

Anyway, thank you for a well written essay, and for your remarks.


Oscar Chamberlain - 12/29/2006

"I've never heard anyone specifically say they voted for Carter because of the pardon."

Actually, I did hear that, and at the time of the election. In both our cases those are anecdotes in search of confirmation.

Concerning your other points.

1. You are correct about specific deterrence.

2. The bugging of Democratic HQ would have been extraordinarily harmful if it had become a precedent of sorts for the actions of future presidents. The clumsiness of the "Plumbers" should not be a mask for the dangers such actions pose when done competently.

3. General deterrence is one of the central points to me. While I cannot say that Reagan's administration would not have pursued Iran-contra even if Nixon had been tried, we do know what happened in the absence of such a trial. Reagan (or a close aide) set up another secret intelligence unit, this one far more competent and dangerous than the Plumbers. In this case they arranged payment for hostages in the Middle East and were used to illegally funnel money to terrorist organizations in Central America. (Even if you think the Contras were on the side of the angels their tactics were terrorist tactics. That was why Congress had cut off military aid.)

And after the Iran-Contra hearings--when a special prosecutor hired to investigate moved toward trying men who had been close to President Reagan--Reagan's former vice-president, George Bush, used Ford's pardon as precedent for his own pardons.

Aside from another blow against justice for people in high places, consider this. How many more accomplishments would Reagan's administration have had if it had been deterred from its Iran-Contra actions by a trial of Richard Nixon? How much stronger would American conservatism have been?


Paul Noonan - 12/29/2006

Yes, Nixon violated a number of laws, but what would have been gained by a criminal prosecution?

SPECIFIC DETERRRENCE - i.e deterring Nixon himself from future criminality. It was pretty obvious in Sept. '74 that Nixon would never abuse power again because he would never be trusted with any. Also, the nature of his criminality was such that there was no real danger he would start running drugs or sticking up liquor stores.

GENERAL DETERRENCE- i.e. deterring future presidents from abusing power. This is closer, of course, but the humiliation forced resigation to avoid impeachment and removal inflicted on Nixon seems a sufficient deterrent to future presidents that the additional fear of prison is unnecessary.

NEED TO AVENGE AN OUTRAGE - The actions of "the Plumbers" were outrageous as was Nixon's attempted cover-up (no evidence he knew of the break-in before it happened) but the Plumbers were more Keystone Kop than Gestapo. Planting a bug in DNC Headquarters was despicable, but it didn't do anyone any substantial harm. It would be different if the Plumbers had, for example, assaulted someone.

Given the pardon essentially put an end to the "Watergate era" of June, 1972 - Sept. 1974 which would have dragged on for another year or more if Nixon had been tried it seems a reasonable decision on Ford's part.

Also, I think Ford's inane statement that the Soviet Union did not control Eastern Europe in a debate 3 weeks before the election (which caused my jsw to drop when I heard it as a 19 year-old college sophmore) hurt Ford as much or more than the pardon. For what it's worth I have heard people say that they voted for Carter over Ford because of that incomprehensible gaffe. I've never heard anyone specifically say they voted for Carter because of the pardon.


Oscar Chamberlain - 12/28/2006

Charles

I always appreciate your comments. .

However, I do have some strong disagreements with your logic here. First, no one is arguing that Nixon should have been impeached. He resigned first. The question is whether he should have been subject to criminal prosecution after that resignation.

Second, at least in my case, my feelings on the subject have never rested on the idea that Ford's pardon was unconstitutional. I'm disagreeing with his use of a legitimate power, not suggesting that, like his predecessor, he expanded his powers to an unconstitutional limit.

Third, I strongly disagree with comparing Nixon's near impeachment with Clinton's impeachment. Clinton's crime was lying under oath to cover up a "dalliance." (Nice word choice. Thanks)

Nixon's was that he organized a small intelligence unit until utterly outside any supervision, ordered it to commit illegal acts (only some of which could be considered in the interest of national security), and then covered up when the unit was caught committing a burglary that had no conceivable national security component.

Both Clinton and Nixon's actions were technically impeachable, but I think there was a difference in the degree of seriousness.

That Ford wanted this off the table was understandable. I'm sure it did make his life easier. But he did truncate the search for justice and truth in the process. And if dealing with that search is not one of the duties of the president, what is?


Charles V. Mutschler - 12/28/2006

I think the pardon was the right thing to do. I thought so in 1976, when I voted for Ford, and I still think so. Because the country really needed to put the Nixon scandals behind, and deal with the problems facing it, Ford's argument that he needed to have his time devoted to the future, and not to Nixon's deeds was correct, IMHO.

Additionally, I think the failure of the segment of the population who feel that Nixon should have been impeached to get beyond that is not much different from the folks who wasted so much of the public's tax dollars with the investigation of President Clinton's dalliance with interns and impeachment for lying about it. Neither group has shown the kind of concern for managing the government effectively that Gerald Ford did. Instead, they remind me of the crowd howling that the governor's pardon of a convicted killer has spoiled a good hanging.

My opinion differs from yours - I think one reason that we are stuck in this polarizing situation is the unwillingness of some of the old hard core Nixon haters to accept that President Ford acted in accordance with his consititutional power as President. It was no different in one sense than Governor Ryan in Illinois commuting all the death sentences in his state. Or President Clinton's group of last-minute pardons just before leaving office. Many presidents have exercised this power to protect people who probably deserved prosecution, but were given a pass. Calling Ford's action a violation of the constitutional process is, I think, selectively choosing which aspects of the constitutional process one will accept.

I think Nixon was guilty, and would have been impeached, but he stepped down to spare himself and his family the pain. Ford's pardon is really an acknowledgement of the obvious - Nixon was probably guilty of impeachable offenses, and the whole country pretty much held that view. I doubt that the country would be better off for having sat through an impeachment. Certainly the results of the Clinton impeachment don't support that perspective. I think the nation would be better served with more political leaders like Gerald Ford, who put the future of the nation, rather than personal political advantage at the center of their approach to governing.


Jonathan Dresner - 12/28/2006

I heard Ford on NPR today (I'm looking for the clip now) saying that the pardon was, in no small part, that he needed to get Nixon stuff off his desk if he was going to be president. (Cokie Roberts paraphases here, and the clip itself is in this collection).

Sometimes you just have to cut and run....