Guest Post by Morbo
I was out of town last week and missed the opportunity to comment on the death of former President Gerald R. Ford. I know this is late, but I wanted to add my two cents.
The media line seemed uniformly to be one of thanks to Ford for sparing the nation some sort of trauma by pardoning the disgraced Richard M. Nixon. If anyone in the mainstream media dared to dissent from this point of view, I missed it.
This column by Richard Ben-Veniste that ran in the Washington Post was typical. Ben-Veniste, former chief of the Watergate Task Force of the Watergate Special Prosecutor’ Office, wrote:
At bottom, the decision to pardon Nixon was a political judgment properly within the bounds of Ford’s constitutional authority. The specter of a former president in the criminal dock as our country moved into its bicentennial year was profoundly disturbing. I believe Jerry Ford acted in accord with what he sincerely felt were the best interests of the country; that there was no secret quid pro quo with Nixon for a pardon in return for resignation; and that Ford, a compassionate man, was moved by the palpable suffering of a man who had lost so much.
The final straw for me was seeing an editorial cartoon showing Ford arriving in Heaven. He was being greeted there by a figure wearing a shirt marked “History.” The figure was handing Ford a document marked “Pardon.”
So that settles it. The verdict of history is in, and Ford acted with honor and courage. By letting Nixon off the hook, he literally saved the nation!
I respectfully dissent. I was only 12 when Ford took office and will admit that the Watergate scandal was not at the top of my concerns back then. But looking at what unfolded then 32 years later, with the benefit of more knowledge about the situation, I don’t think it’s outrageous to suggest that Nixon should have been put on trial.
Last week, the party line among the self-appointed media pundits was that there is no way the nation could have handled the trial of The People v. Richard M. Nixon. Why not? One thing I noticed that was missing from all of the columns was an explanation of why Nixon had to be let off scot-free. It was merely asserted as an obvious fact.
I don’t buy it. To me, letting Nixon walk only reinforced the idea that there are two systems of justice in America: one for the rich and powerful, who are usually untouchable, and one for everyone else.
Nixon committed serious crimes. In this country, when you commit serious crimes, you should be placed under arrest and tried before a jury of your peers. No exceptions. Far from inspiring trauma, putting Nixon on trial would have powerfully reaffirmed one of our country’s basic principles: the rule of law. It would have sent a message to every American and even the world: In the United States, everyone must abide by the law — from janitors all the way up to the president. We take this very seriously.
Nor do I accept the claim that Nixon was punished enough by the shame he felt. A bank president who embezzles $16 million undoubtedly feels shame when he gets caught. We should still send him to prison.
Ben-Veniste’s argument is so weak he even has to drag the bicentennial into it. Nixon resigned on August 8, 1974 — nearly two full years before the bicentennial occurred. The crux of any legal action against him would have been disposed of before July 4, 1976. But even if he had been on trial or pursuing appeals during the celebration, so what? What better way to underscore the importance of our founding principles than reaffirm the rule of law?
I also don’t accept that the American people were in no mood to see Nixon “in the criminal dock.” In fact, they seemed to want punishment. In November of 1976 the voters elected Jimmy Carter and handed the Democrats an expanded majority in Congress.
Finally, I’ve talked to plenty of progressives over the years older than me who still remember feeling betrayed when Nixon walked. Sure, they were never Nixon fans to begin with, but the opinion remains common more than three decades later. This would seem to indicate that believing that Nixon should have been put on trial is not such a far-out view.
I’m not saying a Nixon trial would not have been difficult for the nation. Of course it would have. But a great nation need not fear undertaking a task that is difficult — especially when it’s also the right thing to do. A great nation need not fear big challenges. I believe America was up to that challenge. Thanks to Ford, we never got the chance to find out.