Supreme Court’s ruling in Trump v. United States would have given Nixon immunity for Watergate crimes — but 50 years ago he needed a presidential pardon to avoid prison
Gerald Ford knew Richard Nixon could be prosecuted for crimes he committed as president. That was simply a fact, when President Ford gave his predecessor “a full, free, and absolute pardon” 50 years ago this week.
Former presidents did not enjoy broad immunity from criminal prosecution until July 1, 2024, when six members of the Supreme Court created that privilege in Trump v. United States.
In 1974, when Nixon’s resignation seemed likely to lead to prosecution for his role in many of the crimes of Watergate, Republicans in the White House and Congress took their cue from the Constitution. Article II, Section 4 established that former presidents had criminal liability, not criminal immunity. Even after impeachment, conviction and removal, “the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
Ford faced that fact squarely in his pardon proclamation: “As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States.”
Nixon had a right to a fair trial, Ford said. The Constitution guarantees that to all. But Ford raised doubts about whether America would be able to give Nixon a fair trial until months, perhaps years, elapsed. That was his justification for pardoning Nixon.
It wasn’t good enough for most Americans.
Gerald Ford knew Richard Nixon could be prosecuted for crimes he committed as president. That was simply a fact, when President Ford gave his predecessor “a full, free, and absolute pardon” 50 years ago this week.
Former presidents did not enjoy broad immunity from criminal prosecution until July 1, 2024, when six members of the Supreme Court created that privilege in Trump v. United States.
In 1974, when Nixon’s resignation seemed likely to lead to prosecution for his role in many of the crimes of Watergate, Republicans in the White House and Congress took their cue from the Constitution. Article II, Section 4 established that former presidents had criminal liability, not criminal immunity. Even after impeachment, conviction and removal, “the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
Ford faced that fact squarely in his pardon proclamation: “As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States.”
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