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.
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There are no historic or legal precedents to which I can turn in this matter, none that precisely fit the circumstances of a private citizen who has resigned the Presidency of the United States. But it is common knowledge that serious allegations and accusations hang like a sword over our former President's head, threatening his health as he tries to reshape his life, a great part of which was spent in the service of this country and by the mandate of its people. After years of bitter controversy and divisive national debate, I have been advised, and I am compelled to conclude that many months and perhaps more years will have to pass before Richard Nixon could obtain a fair trial by jury in any jurisdiction of the United States under governing decisions of the Supreme Court.
A subpoena was issued to Richard Nixon to turn over his tapes. He made the argument that you can't subpoena a sitting president... He lost... in the U.S. Supreme Court in the famous... Nixon tapes case. In , Bill Clinton made the argument that you can't make me testify, and it looked like that was going to go nowhere, so he finally relented and testified "voluntarily." ...[T]he argument that is made in... a memo [to Robert Mueller]... It's basically written to a kind of gullible, nonlegal public. It doesn't make any genuine legal arguments. In fact, there's a rather frightening statement... that it doesn't matter how corrupt the president's motives are. He can do anything with the Department of Justice, as though it's his own private law firm. It says, "I can even use the pardon power." Well, of course he can use the pardon power as a way of showing mercy to people, but he's begun using it as what I have called a giant and loud elephant whistle, basically telling people, "If you have my back and don't cooperate with the investigations into what Russia did, and what I did, and what I knew and when I knew it, I'll have your back." ...[I]t almost sounds like he's saying that he can pardon himself, and thereby evade impeachment. Well, first of all, the impeachment clause itself says that the pardon power does not extend to cases of impeachment. But if all he means is that he can pardon himself so that when he is out of office he can't be convicted, I think he's confusing himself with vice president Pence. Pence can pardon him if he leaves office, the way Ford pardoned Nixon, but as I show in an article with and others, the self-pardon is ruled out by the structure of the Constitution. The President can say, "Pardon me" if he steps on your toes, but he can't say "Pardon me" as an exercise of official power. That would be the height of regal arrogance, and we don't have a king, we don't have an emperor. In fact, one of our complaints in the Declaration of Independence against King was that he was using his royal prerogative to obstruct justice. Well, if this president thinks that obstructing justice in order to corruptly avoid discovering the truth is within his absolute authority, I think he's got a lesson to learn, and I think the American people will teach it.
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It's too early to say how most of my decisions will turn out. As president, I had the honor of eulogizing Gerald Ford and Ronald Reagan. President Ford's pardon of Richard Nixon, once regarded as one of the worst mistakes in presidential history, is now viewed as a selfless act of leadership. And it was quite something to hear the commentators who had once denounced President Reagan as a dunce and a warmonger talk about how the Great Communicator had won the Cold War. Decades from now, I hope people will view me as a president who recognized the central challenge of our time and kept my vow to keep the country safe; who pursued my convictions without wavering but changed course when necessary; who trusted individuals to make choices in their lives; and who used America's influence to advance freedom. And I hope they will conclude that I upheld the honor and dignity of the office I was so privileged to hold. Whatever the verdict on my presidency, I'm comfortable with the fact that I won't be around to hear it. That's a decision point only history will reach.
You may choose, if you wish, to parrot the line that Watergate was a "long national nightmare," but some of us found it rather exhilarating to see a criminal President successfully investigated and exposed and discredited. And we do not think it in the least bit nightmarish that the Constitution says that such a man is not above the law. Ford's ignominious pardon of this felonious thug meant, first, that only the lesser fry had to go to jail. It meant, second, that we still do not even know why the burglars were originally sent into the offices of the Democratic National Committee. In this respect, the famous pardon is not unlike the Warren Commission: another establishment exercise in damage control and pseudo-reassurance (of which Ford was also a member) that actually raised more questions than it answered. The fact is that serious trials and fearless investigations often are the cause of great division, and rightly so.
One of the strangest things about these five downhill years of the Nixon presidency is that despite all the savage excesses committed by the people he chose to run the country, no real opposition or realistic alternative to Richard Nixon’s cheap and mean-hearted view of the American Dream has ever developed. It is almost as if that sour 1968 election rang down the curtain on career politicians. This is the horror of American politics today - not that Richard Nixon and his fixers have been crippled, convicted, indicted, disgraced and even jailed - but that the only available alternatives are not much better; the same dim collection of burned-out hacks who have been fouling our air with their gibberish for the last tenty years. How long, oh Lord, how long? And how much longer will we have to wait before some high-powered shark with a fistful of answers will finally bring us face-to-face with the ugly question that is already so close to the surface in this country, that sooner or later even politicians will have to cope with it? Is this democracy worth all the risks and problems that necessarily go with it? Or, would we all be happier by admitting that the whole thing was a lark from the start and now that it hasn’t worked out, to hell with it.
[On Richard Nixon] What we are looking at on all our TV sets is a man who finally, after 24 years of frenzied effort, became the President of the United States with a personal salary of $200,000 a year and an unlimited expense account including a fleet of private helicopters, jetliners, armored cars, personal mansions and estates on both coasts and control over a budget beyond the wildest dream of King Midas ... and all the dumb bastard can show us, after five years of total freedom to do anything he wants with all this power, is a shattered national economy, disastrous defeat in a war we could have ended four years ago on far better terms than he finally came around to, and a hand-picked personal staff put together through five years of screening, whose collective criminal record will blow the minds of high-school American History students for the next 100 years.
Nixon is no longer president, and his crimes were so grave that no one is likely now to worry very much any more about the details of his own legal philosophy. Nevertheless in what follows I shall use the name 'Nixon' to refer, not to Nixon, but to any politician holding the set of attitudes about the Supreme Court that he made explicit in his political campaigns. There was, fortunately, only one real Nixon, but there are, in the special sense in which I use the name, many Nixons.
Nixon will be remembered as a classic case of a smart man shitting in his own nest. But he also shit in our nests, and that was the crime that history will burn on his memory like a brand. By disgracing and degrading the Presidency of the United States, by fleeing the White House like a diseased cur, Richard Nixon broke the heart of the American Dream.
That is where we stand today. And what lies ahead? Will we be able to solve our social and economic problems, clean up our environment, maybe even improve our technology to the point where we can land a manned spacecraft on Trump? Unfortunately, we cannot know what will happen in the future. If this book proves anything, it's that we don't even know what happened in the past. But we do know this: America is a strong and great country, and her people have withstood many trials and tribulations (More tribulations, actually, because many never went to trial.). And whatever problems lie ahead, we may be sure of one thing: that if we all work together and "hang tough," there will come a day when this nation- maybe not in the next few years; maybe not even in our lifetimes; but someday- will see the end of "Dick" Nixon's political career. But we wouldn't bet on it.
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