Move Over Nixon, You’ve Got Company
– By Ed Kociela –
On Sept. 8, 1974, President Gerald Ford torpedoed any hope he would have of being reelected president when he issued a full and unconditional pardon for any crimes Richard Nixon committed against the United States during his presidency.
Nixon had already resigned and tucked himself into a reclusive life of shame after his participation in the Watergate scandal.
It was a momentous time in U.S. history, a time when the nation was severely divided politically, culturally, and emotionally.
There were allegations of a secret deal that led to Nixon naming Ford as his vice president after Spiro Agnew left the position after wrapping himself in scandal. It was bandied about that Ford got the job because he promised to pardon Nixon. Maybe, maybe not.
Ford’s defense was found in a Burdick v. United States decision rendered by the Supreme Court claiming that a pardon carries “an imputation of guilt and that acceptance carries a confession of guilt.”
Twenty-seven years later, Ford was presented the John F. Kennedy Profile in Courage Award for the pardon, something Sen. Ted Kennedy, who made the presentation, said he was opposed to when he first heard of it.
There is a certain relevancy to all of this as the House Jan. 6 Committee continues to dig into former President Donald Trump and his crew and their involvement with the insurrection.
You can be sure that President Joe Biden has been huddling with his advisers — political and legal — regarding the issuance of a pardon for Trump.
The question is not whether it is the right or wrong thing to do because there is a great probability that the former president’s ego would force him to deny the pardon, refusing to admit guilt. But even if he accepted, it would not clear him of the legal jeopardy that stands before him, particularly in New York and Georgia, where he is being investigated for state crimes. It is significant, however, because should it all go south on Trump, a pardon could shave years off of possible prison time by eliminating federal penalties.
That’s where the world’s most wicked emotion — hatred — comes into the picture.
There is this classic divide in the U.S. right now that continues to newer and more iconic depths as Trump foes line up to collect their pound of flesh, revenge guiding their hearts as they justify it by claiming no person is above the law.
While that may be true, the law and justice don’t always match up.
While I have a clear opinion of Trump’s culpability, there is this thing about fairness that makes me want to be sure that the proverbial ducks are in a row before we make such a historic decision that will impact not only the former president but many of his associates, family members, and the entire Republican Party, to be honest, which is undoubtedly why the Department of Justice is proceeding at a snail’s pace. However, that’s how justice is supposed to work. Without fairness and exhausting investigation, justice has no credibility.
And although Lady Justice is supposed to be blind, we cannot eliminate humanity entirely from the process, and that includes our capacity for forgiveness. To be sure, potential charges against the former president could be reprehensible, but moving the matter to more personal levels, if a loved one was in a legal pickle, would you not hope for some leniency or mercy instead of applying the maximum punishment allowed by the law?
In this case, because of such political divides, is it good for the soul to harbor so much hate and rage?
I’m not saying that Trump and his crew should walk. Heinous crimes have been committed, the courts have already found some guilt, and there is plenty more to pass around. That should satisfy the law and order crowd, but there’s a part of me that also believes that to take joy in another’s misery is not the best way to live one’s life.
I also believe that drawing these events out foments more anger and rage, leading to a wider divide and, potentially, more violence. We cannot afford either.
There are those who will not settle for anything less than seeing Trump in prison orange.
That is highly doubtful.
It’s not a matter of guilt or innocence.
It’s a matter of his ability to keep the court cases going until all possible appeals have been exhausted. He has the walking around money and a team of lawyers that can file more paperwork than the federal Tax Code. Between the federal charges and those in New York and Georgia, it will cost him a fortune, to be sure. But when it comes to litigation? He’s always ready to go all in.
A pardon? Pretty much out of the question because his ego will just not allow him to admit guilt or complicity.
Remember, in his heart, he truly believes that the president cannot be held accountable for any of his or her actions. Besides, a presidential pardon is only good for federal crimes.
Trump and his associates will not escape unscathed. There are too many charges flying around out there, and I guarantee some of them will stick. It is most likely he will face federal charges for his part in the insurrection and state charges in Georgia for his attempt to mine votes that were simply not there. New York? There are so many charges there that something has got to hold. Mathematically he cannot get away from charges at some level.
Smart money will be laid on a seemingly endless string of charges, trials, and appeals until nobody cares anymore and he fades into obscurity.
As far as seeing him do the perp walk like on your favorite cop show on the television?
Don’t hold your breath.
And, in the long run, he will receive his own private punishment as he will forever be linked to two impeachments and an intensive investigation — at the very least — into the treasonous goings-on of Jan 6 because, to paraphrase Willie Nelson, “Forgiving is easy, but forgetting’s gonna take the longest time.”
Move over, Richard Nixon; you’ve got company.
