Donald Trump has brought pardons into our awareness. A presidential pardon is unique in that the president doesn't need Congressional approval and there is no expiry date.
The focus of "The Pardon" (2024) is on the pardon to Richard Nixon. There are some similarities, but significant contrasts comparing the situation with regard to Donald Trump.
Pardons all have a political element.
Nixon seemed to feel that the promise of a pardon would encourage witnesses not to testify against him.
Other political events opened up an opportunity to declare a new vice president. Gerald Ford did not aspire to the responsibility. He wasn't selected for his ties to Nixon, but also as they thought he was clean and could be manipulated.
Ford traveled around the United States, but avoided learning any more than necessary. However as legal affairs moved forward he was let in what was expected. Before too long Nixon did resign and Ford was made president.
Nixon wanted a pardon, but not directly. Ford wanted Nixon to admit involvement and tried to word his proclamation and Nixon's acceptance speech to in effect be an admission of guilt. Nixon bent very little in that regard. Having resigned he was eligible for a pension.
Ford wrestled with the notion. He knew Nixon was guilty and the court proceedings were progressing slowly. He was honestly concerned about the effect of dragging on Nixon's legal battles. The trick was to get Nixon to admit guilt. Not quite done, but pardon announced.
The initial response was negative, from both political parties, the press and the public. They knew Nixon was guilty. It doomed his election chances.
Attitudes mellowed a bit years later. Ted Kennedy had strongly criticized the Nixon pardon, but came to believe it was in the best national interest, even presenting Ford with the Profiles in Courage Award (in honor of brother John F. Kennedy's book) in 2001. Bob Woodward, the top Watergate journalist also mellowed his attitude. Jeffrey Toobin did not modify his opinion feeling Nixon was guilty and his fate should have had more impact on the public.
Toobin notes pardons from subsequent presidents. George H.W. Bush pardoned some men who had been involved with the Iran-Contra case, that may well have impacted an election. Jimmy Carter pardoned the draft dodgers which wasn't appreciated by many. Surprising to me was that 50, 000 of those pardoned elected not to leave their adopted homes.
The book came out after Trump's 2020 election victory, but before he took office. Unlike other presidents Trump developed his own procedures for his own personal needs. During the Mueller Investigation Trump hinted there would be pardons for Michael Flynn and Paul Manafort so they would keep secrets. He did in fact pardon those who were convicted. He also pardoned Joe Arpaio, a prominent racist and Charles Kushner, the father to Jared Kushner. Some of those pardoned went on to commit more crimes.
At the end of his first term on January 6, 2021 Trump encouraged his supporters to help overturn what he declared an unfair election. People died and many have been convicted. One of Trump's first acts of his second term was a blanket pardon on the rioters from January 6th.
In summary, pardons can be positive as when a past injustice can be rectified. On the other hand pardons are easily abused. Toobin has written an excellent book
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