Showing posts with label pardon. Show all posts
Showing posts with label pardon. Show all posts

Monday, September 8, 2014

I Beg Your Pardon?



"As we are a nation under God, so I am sworn to uphold our laws with the help of God. And I have sought such guidance and searched my own conscience with special diligence to determine the right thing for me to do with respect to my predecessor in this place, Richard Nixon, and his loyal wife and family. Theirs is an American 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."

Gerald Ford
Sept. 8, 1974

Many presidents have been known as "His Accidency." It is a label that is generally reserved for those who were elected vice president and then became president after the guy who was at the top of the ticket when the people voted on the matter died. There have been eight presidents who died in office.

Sometimes the voters have been pleased with the accidental president's performance — well, pleased enough to give him a full term on his own. Sometimes they haven't been pleased, and they voted him out. Sometimes the accidental president sees the writing on the wall and decides not to seek a full term.

Gerald Ford was a unique case in American history. He must be the most accidental president of all because he only became vice president when he was appointed to replace the duly elected vice president in the first use of the 25th Amendment to fill a vacancy in the vice presidency. Then, when Richard Nixon resigned, he became president.

Maybe that unique role in American history was liberating for Ford. Maybe he felt he could do things differently than the three dozen men who had occupied the presidency before him precisely because he had not sought the presidency or the vice presidency.

"I am acutely aware that you have not elected me as your president by your ballots," he said on the day he took office. A few minutes later, he pledged, "If you have not chosen me by secret ballot, neither have I gained office by any secret promises."

The people believed him, even people who loathed his predecessor. They were willing to give him a chance. He came across as pleasant and sincere. It was a refreshing change. But it didn't last, largely because of what happened 40 years ago today.

It started out as a rather routine late–summer Sunday. Pro football would start its season a week later; college football had kicked things off with a bare–bones schedule the day before. For sports enthusiasts, the only thing of note besides baseball's pennant races was daredevil Evel Knievel's scheduled attempt to jump the Snake River Canyon in Idaho in the Skycycle X–2, a steam–powered rocket. He failed in the attempt, suffering some broken bones but nothing major.

But Knievel, who had been the recipient of considerable hype before the attempt, was knocked completely off the front pages. Ford, who had barely been in office a month, announced that he was pardoning his predecessor. The sense of betrayal showed in Ford's approval rating. A week after taking office, Ford's approval rating was 71% — nearly three times Nixon's approval rating when he resigned the week before.

But Ford's approval rating tumbled to 50% after the pardon, and many people — myself included — believe he never recovered politically. There were a few fluctuations, but, for the most part, his approval rating remained in the 40s for the rest of his presidency.

With the pardon, much of the good will that had accompanied Ford into office evaporated.

In the Wall Street Journal, Ken Gormley and David Shribman agree that the nation was "stunned" at the time. That would be impossible to dispute. "Now," they contend, "there's almost universal agreement that Ford was right." Personally, I have mixed feelings on that. Maybe I always will. I have come to believe that there was at least some justification for the pardon. Maybe it did allow the nation to heal. But even Ford must have known that the healing process would be long. The American people had been deceived — a lot — by their presidents for 10 years. They weren't going to be over it in a day or a week or a month or a year — or even two years when Ford would have to face the voters.

I don't know if Ford's pardon of Nixon hastened the nation's healing process, as Ford hoped, but it did resolve a dilemma for his Justice Department.

Memos show officials at Justice were wrestling with Article I, Section 3, Clause 7 of the Constitution, which said that a person removed from office by impeachment and conviction "shall nevertheless be liable to indictment, trial, judgment and punishment, according to the law."

The Constitution, however, said nothing about a president who resigned from office. Ford's pardon effectively ended that discussion.

Sunday, July 14, 2013

The Centennial of a 'Humble Healer'



"I am a Ford, not a Lincoln. My addresses will never be as eloquent as Mr. Lincoln's. But I will do my very best to equal his brevity and his plain speaking."

Gerald Ford

Today would have been Gerald Ford's 100th birthday. He didn't miss being here for it by much, either. He was 93 when he died in December of 2006.

He lived longer than any other president. So far.

As nearly as I can tell, not much of a fuss is being made about the centennial — except maybe in Ford's hometown of Grand Rapids, Mich., where the Grand Rapids Symphony planned a Ford tribute in its Independence Day "Picnic Pops" performance — with the focus being on a special composition written in Ford's honor titled "One of Us, Portrait of A Humble Healer."

This weekend, there have been all sorts of activities in Grand Rapids, and the Vail Daily News in Vail, Colo., where Ford took his ski vacations, says "[t]he valley will stop for a few moments" in Ford's honor.

Other than that, though, there doesn't seem to be much of a fuss, as I said earlier.

In Omaha, Neb., the town where Ford was born, the Omaha World–Herald reports that, while the occasion "will be marked with no pomp and circumstance ... America's 38th president won't be forgotten."

A recent Pew Research Center article observed that, in a Gallup poll last year, a majority of respondents said Ford was an average president, neither above nor below average.

Those who remember the Ford presidency are bound to have differing opinions of him — and that is true of all presidents, even those who have been judged by history to be among the greats. Most folks probably would say Ford was humble. Fewer probably would call him a healer, but I think nearly everyone would agree that Ford was a decent guy.

He was what people of my parents' generation called a "stand–up" guy.

Rarely is there that kind of agreement on any president. But, when compared to the dark, dour and paranoid presidency of Ford's predecessor, Richard Nixon, I guess just about anyone would look like a decent guy.

Ford really was. But he is primarily judged for what was perceived at the time to be a decidedly indecent act — his pardon of Nixon on Sept. 8, 1974, about a month after he took office. Regardless of the general decency of the man, he continues to be judged by many on the basis of that single act.

And that was/is understandable. Nixon's popularity had dropped into the 20s by the time of his resignation. Most of Nixon's fellow Republicans in Congress — on whom Nixon had been counting to keep him from being convicted in an impeachment trial in the Senate — turned on him when the Supreme Court ordered him to turn over the tapes he had been refusing to surrender for months, and the "smoking gun" that proved his early involvement in the Watergate coverup was revealed.

There was a lot of bitterness in the country over the fact that Nixon had dragged the nation through a two–year investigation, protesting his innocence all the while, only to be indisputably shown to be a liar, and, even though there were those who believed an ex–president should not be sent to prison, many more Americans wanted Nixon to stand trial in a court, where he would have to tell the truth or face additional criminal charges.

When Ford pardoned Nixon, it removed any possibility that Nixon would have to face the legal music. That made many Americans angry — enough, some political analysts would say, that it cost Ford election to the presidency in his own right two years later.

Until the end of his life, Ford would say — and not without some justification — that pardoning Nixon was the only way for the country to put Watergate behind it and focus on the sputtering economy.

It was the kind of remark a decent, stand–up kind of guy would make — as were Ford's remarks in his first State of the Union speech in January 1975.

"I must say to you," Ford said, "that the state of the Union is not good: Millions of Americans are out of work. Recession and inflation are eroding the money of millions more. Prices are too high, and sales are too slow. This year’s federal deficit will be about $30 billion; next year's probably $45 billion. The national debt will rise to over $500 billion. Our plant capacity and productivity are not increasing fast enough. We depend on others for essential energy. Some people question their government's ability to make hard decisions and stick with them; they expect Washington politics as usual."

Tell the truth. Can you imagine any other president in your lifetime being quite that blunt with the American people?

I have often reflected on Ford's decision in late 1973 to accept Nixon's nomination of him to fill the vice presidential vacancy left by the resignation of Spiro Agnew. I have wondered what it was like. In hindsight, it seems somewhat inevitable that Ford would become first vice president and then president. But there must have been a time — however brief it may have been — when Ford's decision had not been made, and it still was possible that he might turn Nixon down.

I always wonder to whom Nixon might then have offered the vice presidency — and how that might have changed America and the world.

Some 16 months earlier, Democratic presidential nominee George McGovern had to do something similar when his running mate was dropped and a new one had to be selected. He offered the spot to just about every prominent Democrat, and they all turned him down — until he got to Sargent Shriver.

McGovern never made his offer in public so there are no recordings of those Democrats turning him down — but they always wound up in the news. The details were only made public — if at all — in books or interviews long after the fact.

I have no memory of anyone other than Ford being offered the vice presidency in 1973, but I can imagine a few of the thoughts that must have gone through his mind when the offer was made. And, based on what I know of Ford, I'm sure he consulted his wife, Betty, before giving Nixon an answer.

He always claimed he expected to be something of a place filler for the rest of Nixon's term, and then he would retire to Michigan when it was over. He apparently accepted the vice presidency with no expectation that he would be president. He figured Nixon would ride out the storm.

Well, that was his story. And maybe that really was what he believed. But my memory is that Nixon's approval ratings took a serious hit when it was revealed in the Watergate hearings (coincidentally, a couple of days after Ford's 60th birthday) that there had been a secret taping system in the White House.

That meant that there was a witness that could verify what Nixon and his associates had said in their meetings after the Watergate break–in. The only real question at the time was whether the witness' account would be heard. Would Nixon be able to run out the clock on his term before that account was heard?

Although Nixon and his lawyers tried every legal trick in the book, the Supreme Court ultimately ruled in the summer of 1974 — several months after Ford's confirmation as vice president and more than two years before Nixon's term was due to end — that Nixon had to relinquish the tapes to the investigators.

In those tapes was the "smoking gun" that ended Nixon's presidency.

At that point, most people seemed to realize that it was just a matter of time — and not much of that — before Nixon would be leaving office. By then, Ford must have been anticipating the massive changes that were about to take place in his life.

Ford certainly didn't give the country politics as usual, even though one of his earliest acts was dismissed as such by many Americans. He was like a breath of fresh air when he became president, which is no doubt why so many Americans felt betrayed when he pardoned Nixon.

To continue with the breath of fresh air analogy, it was like breathing fresh oxygen for four weeks after a steady diet carbon dioxide — only to suddenly inhale carbon dioxide again without warning. There was a national coughing spasm.

There was a lot of raw emotion in the Watergate era, and I have often wondered if Ford might not have encountered such a hostile reaction had he waited longer to issue the pardon.

Some economists of the time felt it was urgent to put Nixon and Watergate behind the country so full attention could be given to the economy. But if their counsel prompted Ford to issue the pardon when he did, those economists did both the nation and the new president a disservice.

Although I disagreed, I always felt Ford truly believed it was essential for the country to move forward, and pardoning Nixon was the only way to do that — while he never managed to completely regain the trust he lost when he pardoned Nixon, Ford was an upfront kind of guy, determined to press on no matter how great the adversity.

And the adversity for Ford in the 1976 presidential campaign only got worse when John Dean, the man who first exposed the Watergate coverup, wrote in his book about the scandal that he had heard from another source that Ford had been involved in efforts to postpone a congressional investigation into Watergate until after the 1972 election, which would have made him an accessory.

I came from a family of Nixon haters, but I was willing to give Ford the benefit of the doubt. Perhaps he was sincere when he said his motivation was to move the country forward. Perhaps it was that quality that made him an All–America center/linebacker and the acknowledged team leader at Michigan in the 1930s. (It was said Ford "would stay and fight in a losing cause.")

Perhaps that trait was honed even earlier, in his days as a Boy Scout.

Whatever the origin may have been, it forced even Ford's political adversaries to admit to a certain amount of admiration for the way he carried himself before, after and during his presidency.

Friday, December 31, 2010

No Pardon for Billy the Kid

There's been a lot of speculation about what the future may hold for outgoing New Mexico Gov. Bill Richardson.

And, in the buildup for today, Richardson's last day in office, there was another kind of speculation — would he issue a pardon to the infamous Billy the Kid?

No one knows what the future holds for Richardson. But today, he announced that the immediate future would not include a pardon for the 19th–century outlaw.

The whole thing stemmed from a promise that was allegedly made to the Kid but was never kept.

Next July, it will be 130 years since the Kid (aka William Bonney) was killed by Sheriff Pat Garrett. Prior to that, New Mexico's territorial governor reportedly offered him a pardon for killing a law enforcement officer in exchange for his testimony about killings he witnessed.

Richardson agreed that the territorial governor did, indeed, make a deal of some kind with Billy the Kid, but he said he "could not rewrite history." It was unclear, he said, why the territorial governor did not keep his promise, and because of that uncertainty, he could not issue a posthumous pardon.

Randi McGinn, the lawyer who defended the Kid, said the effort would go on and "perhaps a future New Mexico governor will grant justice for the Kid."

But it won't be Richardson, who claims to have read many books and seen many movies dealing with the subject.

The descendant of the territorial governor applauded the decision. Richardson "followed the correct, rational track in forgoing a pardon for a convicted murderer," he said.

And Robert Utley, the author of a book on the Kid, also supported Richardson's decision. "If Billy deserves a pardon," he said, "it will be granted by history, not the governor of New Mexico."

In nearly 130 years, history has not granted such a pardon.

Tuesday, September 8, 2009

On a Sunny September Sunday



It was 35 years ago today that Gerald Ford pardoned Richard Nixon.

He claimed that he did so in the best interests of the nation, and perhaps he did. His words certainly gave the impression of a man who wished to move the nation forward.

"[S]omeone must write the end to it," Ford said, arguing that it could take months or years for Nixon to receive a fair trial. "I have concluded that only I can do that, and if I can, I must."

And he proceeded to announce the pardon.

As I wrote last month, the pardon may well have cost Ford any chance he had of winning the 1976 election. Within two months of taking office, Ford's approval rating fell from 71% to 50%. In fact, his approval rating seldom reached 50% again during his 2½–year presidency.

It was a baffling time for most Americans, whether they voted for Nixon or not. American politics has seldom seen a politician and his staff descend so deeply into depravity as Nixon and his staff did. A wave of relief seemed to sweep over the nation when Nixon left the White House and Ford took the oath of office.

But that feeling — that, after the years of lies and deceit that first justified the U.S. policies in Vietnam and then accompanied the coverup of the crimes of Watergate, we were finally being told the truth — seemed to dissolve on that Sunday afternoon in September.

Even in exile, Nixon continued to cast a long shadow over American politics. His party took a massive beating in the midterm elections in November 1974, and the mere mention of his name could drive voters into a frenzy in 1976. Jimmy Carter clearly used it to his advantage, frequently referring — in both stump speeches and TV/radio commercials — to the "Nixon–Ford administration."

For Democrats, Nixon was the gift that kept on giving — and Ford was the Santa Claus who left it in their stocking. If Ford had failed to defeat Ronald Reagan for the nomination, Carter may have had more difficulty winning the election. Ford carried the albatross of the pardon with him; Reagan bore no responsibility for that decision.

I have to admit that I have frequently wondered why Ford chose that particular day to make the announcement. The National Football League did not begin its season until the following Sunday — if he had waited a week, his announcement still would have received a lot of attention, but it would have been competing with all the opening day NFL stories.

As it was, the only competition Ford had on Sept. 8, 1974, came from daredevil Evel Knievel, who tried to jump the Snake River Canyon in his Skycycle later that day. When that attempt — which was televised via closed–circuit TV in movie theaters, the era's equivalent of pay–per–view — failed, I'm sure a lot of people wondered who had perpetrated the bigger fraud on the American people, Ford or Knievel.

Well, I don't remember anyone suggesting that Ford had an impeccable sense of timing.

Perhaps Ford did act to spare the nation and his predecessor further anguish. In the long run, maybe that was what he achieved.

But in the short run, I believe he alienated many Americans who were convinced some sort of deal had been made.

And that, I believe, made victory in 1976 impossible for him.