Ford's Pardon of Nixon

Brian J. Zeiger — Sun, 01 Nov 2009 20:45:47 +0000

Probably the most infamous pardon in our history is Ford’s Pardon of Nixon. The Watergate scandal lead to Nixon’s fall. What makes this pardon noteworthy is why Ford would pardon Nixon at all. A question remains whether the pardon was a quid pro quo; i.e. that Nixon agreed to make Ford president if Ford agreed to pardon tricky dick.

We will never know.

The people did not elect Ford to a second term. After his presidency, Ford cited to Burdick. Ford’s rationale was that by Nixon accepting the pardon, he implicitly acknowledged his illegal acts in Watergate.

Burdick v. United States, 236 U.S. 79 (1915)

Brian J. Zeiger — Sun, 01 Nov 2009 05:08:22 +0000

A federal grand jury was investigating whether a Treasury employee was leaking government secrets. George Burdick was an editor at the New York Tribune. The Grand Jury wanted to know who leaked the secrets. Burdick assert the 5th and told the grand jury that he wouldn’t speak to them.

Wilson gave him a full pardon so as to give Burdick a free pass at ever being prosecuted for anything he said to grand jury. Burdick refused to accept it. He was jailed and fined.

The noteworthiness of this excerpt is that the case established the idea that one must accept the pardon, and the acceptance is an acknowledgment of the underlying crime. If the acceptance never occurs, the pardon never occurs, thereby voiding the pardon.

But see, Clinton’s pardon of Flipper, rejecting Burdick.

Federal Presidential Pardon» burdick

Ford's Pardon of Nixon

Burdick v. United States, 236 U.S. 79 (1915)