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MODERN MONTICELLO · H&P CHART · HOW AMERICA WORKS

THE FORD PARDON

Proclamation 4311, September 8, 1974

“The law, whether human or divine, is no respecter of persons; but the law is a respecter of reality.”

PATIENT

The pardon power

SIGNED

Sunday, September 8, 1974

COVERED

Federal offenses, Jan. 20, 1969 to Aug. 9, 1974

KEY IDEA

A pardon needs no charge

CHIEF COMPLAINT

A president forgave a president a month after he resigned. Was that allowed, and was it right?

HISTORY OF PRESENT ILLNESS

Nixon resigned on August 9, 1974. A month later Ford, who had never been elected to the presidency or vice presidency, pardoned him for any federal offense during his time in office. No charge had been filed. It was legal, it was unpopular at the time, and the argument about whether it was right is not settled.

REVIEW OF SYSTEMS

SCOPE

Federal offenses only, and only from 1969 to August 9, 1974. Not state crimes, and not anyone else in Watergate.

POWER

Article II, section 2, with one exception: impeachment. Ex parte Garland (1867) says it reaches any stage, even before charges.

REASONS

A fair trial would take years, the country would be divided again, and Nixon had 'suffered enough.'

THE DEAL

Disputed. No document has been found. Ford testified before Congress and denied it.

GUILT

Burdick (1915) says acceptance is 'a confession.' Whether that is binding is disputed.

PHYSICAL EXAM — STYLE & STRUCTURE

  • —Proclamation 4311 names only Nixon. Other Watergate figures were tried and many served prison time.
  • —Ford's approval rating fell to about 50 percent in late September 1974. By 1986 a majority said he had done the right thing.
  • —Whether a president can pardon himself has never been decided by a court.
  • —Presidents of both parties have used the power in ways that drew complaints.

ASSESSMENT & PLAN

Read the proclamation and Ford's own remarks before repeating what either 'did.' Every claim is tagged Settled, Disputed or Popular myth with a source, and the live arguments (was it right, was there a deal, can a president pardon himself) show both sides at equal length in the full Study Guide.

MYTH OR SETTLED?

Read the claim, make your call, then see the tag and the source. Myths from every direction are in here.

CLAIM 1 OF 7

Proclamation 4311 pardoned Richard Nixon for all federal offenses he committed or may have committed from January 20, 1969 through August 9, 1974. Nixon had not been indicted or charged when it was signed.

WHERE DO YOU TURN?

Pick a question and see where the answer is.

Pick one above.

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