A Pardon Is Not the Answer This Time

The circumstances of the Ford/Nixon pardon don’t apply to President Trump.

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On Wednesday, the House of Representatives voted 232-197—including 10 Republicans—to impeach President Donald Trump on one article of inciting insurrection. Prosecutors are lining up to charge Trump with a plethora of crimes and infractions once he becomes a private citizen again. 

President-elect Joe Biden has expressed concern that a trial could delay the confirmation of his nominees and asked if the Senate could “bifurcate” its schedule to accommodate both pressing needs.  

With an impeachment battle and prosecutions an unlikely recipe for the “unity and healing” Biden says he wants to bring to the country, many news outlets have suggested that the president-elect should pardon Trump so the country can begin to move on. 

Recent articles in the Independent, the Baltimore Sun, the Arizona Republic, and NBC News have called such a pardon a “return to a sense of decency,” tension-calming, and “the only path forward.”

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  1. Avatar photo
    DougAz

    The precedent was set by the pardon of Roberto E Lee and Jefferson Davis.

    A century and more of white murder of innocent blacks was thusly enabled.

    Nice guy Ford followed with the Nixon pardon. Unfortunately that merely green-lighted bad acts ahead.

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    Ray Salemi

    As for inflaming the crazy people, it doesn’t matter what anyone does.

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    Ray Salemi

    Until Republicans congratulate president-elect Biden en masse, there can be no unity.

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  4. Avatar photo
    Octávio Lima

    While I agree with the article, it should not prevent the discussion around it. If we are to move forward, impeach, convict, revoke electoral rights, then pardon as a gesture of good will. And we continue forward.

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    1. Andrew M

      However, the constitution expressly prohibits a pardon in cases of impeachment.

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        Octávio Lima

        Which is fine, Mr. M, but that is not the only Federal danger to which the Presiden is in.

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  5. Avatar photo
    The Bell Tower

    When people argue that impeachment will “divide the country” this reminds me of the argument where some US action or other might make terrorists angrier.

    Like, angrier than “strapping your wife and kids with suicide vests” angry?

    Can we get more divided than “willing to ransack the US Capitol to stop the legitimate functioning of the government because your side lost” divided?

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    1. Avatar photo
      Phil H

      The country is already divided. And if Donald Trump or his supporters believes he has a viable political future, he will continue to divide it.

      Impeachment and Senate conviction is the best way to end that political future. But that is by no means certain. Another way is prosecution for the crimes that Trump surely or arguably has committed, starting with inciting the riot that attempted to interfere with governmental functions and resulted in loss of life.

      Richard Nixon was contrite, at least to the point of resigning. Donald Trump has not shown one scintilla of contrition. He does not deserve a pardon.

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      1. Avatar photo
        The Bell Tower

        I agree with this but one thing that has concerned me is the danger of making the president a cornered rat. While I think he should be brought to justice, too many on the left (and some of the right) sound like they are after vengeance.

        Part of the problem is the unprecedented nature of what the president has done here. It’s difficult to follow any rule of law, which makes the arbitrary nature of the reactions dangerous. We don’t want future presidents trying to stay in office to avoid justice as perhaps the current one is already doing.

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  6. Daniel

    What crime Mr. Austin?

    I read the sole article you cited - it references the fact that "Manhattan prosecutors cited news reports alleging that Trump had falsified the value of his assets in order to receive bank loans."

    I detest Trump but if we are going to start throwing out criminal accusations, you better come with the goods - otherwise you sound just like Trump shouting lock her up.

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    1. Avatar photo
      Pat Riot

      Everybody calling for Trump to be brought to justice means him being brought into our justice system like any other citizen. He will get a fair trial and will have best lawy... Well,. he'll get a fair trial anyhow...

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      1. Daniel

        What crime Pat?

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          Daniel Hayward

          I think specifically inciting an insurrection, perhaps something roughly related to this article attached.
          https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater

          But as far as what statutes, I'm with Pat Riot.

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        2. Avatar photo
          Pat Riot

          I'm not the DOJ or the AGs of the different states who will be handing down indictments in the coming weeks and months, so I am not the person to ask about specific crimes and statutes. Stay tuned.

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        3. Counterpoint

          The other item I’ve heard mentioned is election interference in Georgia (I don’t know the criminal statute that might apply but this would be his call with Raffensberger).

          His own legal advisors apparently warned him about potential exposure for his Jan 6th speech, but that seems like a stretch to me.

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  7. Avatar photo
    Pat Riot

    A pardon is not the answer, and impeachment muddies the water for the appropriate and public-safely-minded way of dealing with Trump: he should be imprisoned and financially ruined. Hopefully our nation's system of justice will mete out that punishment to Trump and his co-conspirators.

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  8. Avatar photo
    Tom B.

    That final sentence from Mary Stuckey cannot be emphasized enough. One of the biggest concerns for me, throughout the Trump presidency but especially in the last few months, has been the unmooring of large parts of the Republican base—in particular—from reality. The rejection of straightforward facts, and the ascendance of an alternate propaganda-based reality (as written about in the Dispatch), creates a very dangerous situation for the country. Until we collectively destroy the lies Trump has worked so hard to spread, there will be no true reconciliation.

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    1. Raincheck

      Yes. Until the Republican Party rejects Trump and the lies about the election, we need to use every avenue possible to expose the dishonest, cynical, evil, autocratic, unconstitutional, and treasonous ways Trump and his enablers tried to steal an election. The truth must be made clear.

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