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.