After Richard Nixon resigned the Presidency in 1974, his successor Gerald Ford pardoned him to unite the country and end “the nation’s long national nightmare.”
Washington Post columnist Ruth Marcus writes that President Kamala Harris should not pardon Trump; she believes he should face the consequences for his crimes.
Marcus writes:
Just a few weeks ago, the question seemed almost preposterous: What should happen to the federal prosecutions of Donald Trump if he is defeated in November? Today, it might be premature to imagine a President Kamala Harris grappling with whether to allow the cases against Trump to go forward or whether, before or after any convictions, to grant him a pardon.
But this is a discussion worth launching now, in part because, as the prospect of a Harris victory comes into focus, there could be a “long national nightmare” impulse to put all things Trump in the rearview mirror. Under more ordinary circumstances, in more ordinary times, my sympathies would tend toward such calls for national reconciliation, the sentiments that animated Gerald Ford, 50 years ago next month, to pardon Richard M. Nixon.
In pardoning Nixon, Ford invoked the continued suffering of Nixon and his family, along with Nixon’s years of public service, but said his decision was driven by the need for national healing.
In retrospect, that decision looks wise and selfless. But it’s not the right template for thinking about Trump. Harris should allow special counsel Jack Smith to proceed with his prosecutions against the former president, or what’s left of them after the Supreme Court’s ruling on presidential immunity. If Trump is convicted and the conviction is upheld, Harris should not use her power to pardon Trump or commute his sentence.
Why? What’s the difference between Ford and Nixon then and Harris and Trump in a not-so-theoretical future?
First is the matter of consequences for bad acts, something that Trump has magically managed to avoid for most of his 78 years. Short-circuiting his prosecutions or upending his convictions would be the maddening capstone to a life of evading responsibility for wrongdoing.
A sitting president can’t be prosecuted, under long-standing Justice Department policy, so the findings by special counsel Robert S. Mueller III that Trump might have committed 10 acts of obstruction of justice went nowhere. The House of Representatives voted twice to impeach Trump, but the Senate failed to convict — the second time largely because Republican senators (and Trump’s own lawyers) pointed to the prospect of criminal prosecution for efforts to interfere with the election results. Then the Supreme Court carved out a broad sphere of immunity for Trump, jeopardizing at least part of Smith’s prosecution.
When it comes to Trump, accountability is a can endlessly kicked down the road. That’s not in the interest of justice — and it sets a bad precedent for future presidents. We can hope that it doesn’t take the threat of criminal consequences to dissuade presidents from wrongdoing, but rules and laws without consequences are meaningless. And the charges against Trump — that he plotted to overturn election results and obstructed justice to improperly retain classified documents — involve serious misconduct that calls out for enforcement.
Second, Trump is no Nixon, and I don’t mean this in a good way. Nixon’s wrongdoing was egregious, and criminal. But he did not pose a threat to democracy on the same level as Trump, with his incessant claims of a system rigged against him, of elections stolen and politically motivated prosecutions. Nixon left office under political pressure, but, still, he left office.
Nixon cannot accurately be called repentant, but in accepting the pardon he acknowledged “my own mistakes and misjudgments,” adding, “No words can describe the depths of my regret and pain at the anguish my mistakes over Watergate have caused the nation and the presidency — a nation I so deeply love and an institution I so greatly respect.” It is impossible to imagine anything approaching this degree of contrition from Trump. Those who accept no responsibility deserve no mercy. Those who continually incite discord should not receive a pass in the name of calming the turmoil.
Third, about that turmoil: Times have changed since Ford pardoned Nixon. The country has grown angrier and more divided. Ford openly worried about this in his day, warning that if he allowed a criminal case to proceed, “ugly passions would again be aroused. And our people would again be polarized in their opinions. And the credibility of our free institutions of government would again be challenged at home and abroad.”
Back then, for all the fury generated by the pardon, it was a reasonable judgment that it would calm the waters overall. Today, I wonder whether that would happen. If Harris were to order the prosecutions dropped or grant a pardon, would that have the same salutary effect as Ford envisioned in 1974? Polarization has edged into antipathy, not mere disagreement but vehement disdain for the other side. Political tribalism reigns; it takes precedence over the national interest. It is hard to imagine an act by Harris toward Trump that would magically alter this ugly reality.
So, my advice for former prosecutor and possible president Harris is to let Smith do his job and the criminal justice system work its will. She can decide down the road about a pardon, but she should be wary of taking the lessons of a half-century ago as a road map for what is best for the nation today.

I cannot agree with this writer. Nixon’s pardon legitimized subsequent illegal activity in Iran-Contra. It led Clinton to believe he could act in his personal life with impunity. It led to the Wild West of personal bribery that is the modern Supreme Court.
public figures are generally capable of making logical choices based on risk to their careers. Not so teenagers. Not so the mentally ill. Fascinating enough, there are those who consider punishment s deterrent to behavior when teens are involved. Some of these same people want to save the families of public figures the pain associated with adjudication. This is reversed. Public figures should be held to a high standard. Save mercy for teens.
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As for trump, I agree with this writer.
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I agree. There will be no unification and magical healing in a Trump pardon. Screw magnanimity. Trump must do time.
Along the same lines, let Jack Smith’s case go on the back burner and past the Jan. 20th inauguration of President Harris. Do not present anything that might be preemptively ruled out by the current Supine Court
On Day 1 of her new term, Harris should name the head of the DOJ and ensure that Justices Thomas and Alito are brought to speedy trial for the crimes they have committed, found guilty, and removed from the bench.
She then can nominate their replacements or leave two SCOTUS vacanies unfilled. A chastened Roberts, Gorsuch and Kavanaugh will then be left to kill Trump’s final appeal of his guilt and conviction when Smith’s prosecution resumes in DC and Florida. As a side benefit, we will also get to see Judge Cannon dumped in the stolen documents case.
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It never occurred to me that she would.
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Were are now in a country where the Supreme Court of the land believes there is such a thing as Presidential immunity. Pardon Trump? Are you kidding me? Perhaps the most important legacy Harris could offer to this country is a thorough attack on corruption at all levels in an attempt to restore a meaningful semblance of the “rule of law.” I pray that Harris is not considering a pardon, because plutocratic power in this country has got to be brought to heel. If not, Democracy is dead.
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Nixon should not have been pardoned. What is he did during the Watergate and Iran-Contra activities was criminal pure and simple. Oliver North should have been tried and convicted for his actions during the Ira-Contra activities. He was let of the hook and went on to make hundreds of thousands of dollars making speeches about it. North claimed he was following a legal order from the President. It was NOT a legal order since the action itself was not legal.
Nixon and North should have been the same jail cell at Fort Leavenworth, Kansas.
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If Nixon had the Supreme Court that is in office now, no one would have been punished.
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I agree fully.
President Harris should not engage in false hopes for national unity and healing. Trump and “his type” have earned their right to serve time.
Jack Smith should pause his prosecutions of Trump in DC and Florida until the day after inauguration. In this case, delay works in the interest of justice and prevents the Supine Court from rendering any preemptive decisions to protect him.
The first week she is in the oval office. Harris should name her Attorney General and let Smith resume his vigorous pursuit of the election rigging and stolen documents cases. Moreover, the DOJ should go after justices Thomas and Alito for the crimes they committed–seeking their immediate removal from the bench and swift conviction.
Leave the two SCOTUS vacancies unfilled or nominate the replacements to be confirmed in short order. This should leave Roberts, Gorsuch and Kavanaugh chastened and restore balance to SCOTUS.
As a bonus, Smith will have an open path to concluding the Mar-a-Lago matter in such a way, that Judge Cannon is swiftly eliminated as an obstacle and Trump’s obvious criminal behavior will finally be ajudicated.
I’m not a lwayer, but can Trump go to jail in DC and Florida under separate sentences. Let’s begin the new year killing three birds with one stone.
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Shoulda/Woulda/Coulda…
When it comes to pretending that the institutions created by power, were created to hobble power, or to compel power to conform to the laws established for the ruled, who benefits?
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Are you making an argument against the concept of balance of power?
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“In retrospect, that decision looks wise and selfless.“NO! It doesn’t.
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It’s my understanding that the president cannot pardon anyone for state level crimes such as the New York case in which the CONVICTED FELON has already been tried.
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Duane,
Trump’s lawyers are trying to get his New York State trial moved to federal court.
Who knew, when Mitch McConnell was shepherding rightwing people onto the federal bench, that they would be Trump’s shield?
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No, he doesn’t get a pardon. He has learned nothing, and he would learn nothing by letting him again skate on a lifetime of criminality and fraud.
A pardon might be in order for a person who has learned from their wrongdoing and clearly will not offend again. That is not Trump. It will never be Trump. He will never sincerely repent of his wrongful behavior because HE NEVER DOES. He never learns a goddamned thing except how to avoid consequences in the future.
He should be in prison. Nothing less will do.
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Yes, Nixon and Trump were both impeached, but how Nixon needed to be treated was different than how Trump needs to be handled. (Please note the different verbs.) The danger presented by Donald Trump with his treasonous, rebel mobs must be compared not to President Nixon, but to Confederate President Jefferson Davis. Trump should not stay here. A potential inmate Trump cannot be allowed the right to make phone calls — that is the right to make tweets or Truth Social posts. Congress, for one thing, would be at risk regarding both security from outside attackers and security from inside attackers screaming about space laser conspiracies who, confounding as can be, win elections when Trump directs his minions to vote for them.
Must a President Harris be like a President Lincoln and compel President Trump into unconditional surrender before letting him slink away somewhere in defeat, his rebs back home to reconstruct. She’s a lawyer. Nothing like a visit from a prosecutor president to a jail cell to talk the art of the plea deal. Surely there are ways to seize a criminal’s ill gotten assets if he won’t play ball. Give him a pardon only if he’s willing to sign a comprehensive non disclosure agreement that acts like a permanent and absolute gag order, as well as willing to sign an agreement to exile himself from the U.S. and all its territories forthwith. Otherwise, probably go with some pretty damn high security prison and all government facilities in Washington D.C. for a decade or so, don’tcha think.
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NO PARDON! EVER!
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An aspect of Nixons pardon was his true remorse and his years of service to the country. Not that I agree with either of those arguments for a pardon, but tRump has neither remorse or service. He has only been in the public service business for less than 10 years, and doesn’t have a lick of remorse to go along with it. Not that his time in the Oval was considered service to the country, by any means. He is not a dedicated public servant in the manner of say Nixon..
Polarization has edged into antipathy, not mere disagreement but vehement disdain for the other side. Political tribalism reigns; it takes precedence over the national interest. It is hard to imagine an act by Harris toward Trump that would magically alter this ugly reality.
Unfortunately, there is nothing anyone can do to ease the polarization of our country. Not until tRump is gone and buried will be able to heal as a country. And the sycophants will be viewed similarly to the McCarthy era followers – or John Birchers. They will fade away until the next false prophet rears its ugly head.
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I remember the stories of Tip O’Neill going to the White House to meet with Reagan. They would sit in the evening sipping whiskey and work to move the country forward, two old Irish pols. Despite their deeply different views on America and government, they were both dedicated to the nation’s welfare. And they got things done.
This was politics at its best, the ability to speak one on one without rancor or duplicity. They understood they served the people and the country, even while having opposing views on priorities and goals.
They were patriots, in the best meaning of that word.
Later, Bill Clinton and George H.W. Bush, a well as Clinton and Bob Dole, shared the understanding of the commonweal, and that it was the commonweal they served. And as much rancor that had passed amongst them, they respected each other and found wisdom in their opposites.
This should always be the rule and not the exception. A lot of rancor had passed between them over the years, but so had a lot of respect, and, indeed, affection.
And then Trump happened…
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Beautifully put.
We need to return to such models. Trump has destroyed the mold.
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Trump doesn’t care about the country.
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Nixon was a pos, too. He should have been prosecuted for his crimes, some of which were far worse than Watergate.
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As the bumper sticker said, “I’m from Massachusetts so don’t blame me!”
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On another matter, did I correctly hear that Harris came out completely against public dollars for private schools in the recent CNN interview? I did not get to see this since we do not have cable or dish. I also heard the trump came out full throated for privatization of education.
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No on Harris; the subject of schools never came up in the CNN interview.
Yes on Trump. He’s all for privatization.
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Tim Walz being a public school teacher, and Harris always attending public schools says a lot. I can’t imagine either of them supporting public dollars for private schools. The subject hasn’t been broached as yet.
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I hope that you are right. But I have come to believe that there is no overestimating the role of $$$ in American politics. The oligarchs who fund both the Repugnicans and the Dimocrats want schools to become private enterprises.
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