However
what Trump is probably not aware of, and how could he be with this lack of
knowledge of the US Constitution; US Government; or US history, is that a
pardon can be problematic for another reason.
A reason I first learned when reading Bob Woodward’s Shadow: Five Presidents and the Legacy of Watergate. That accepting a pardon is a kin to admitting guilt. How so? Read on.
President Richard Nixon
decided not to take a chance on pardoning himself and the inevitable Supreme
Court challenge that would create. Nixon
did not have a lot of luck with Supreme Court challenges of late. So he waited on a pardon from President Ford. At the
time Woodward was angry about the pardon, but over time came to the same
conclusion as the historical consensus that the pardon was the right
thing. Nevertheless, he still had an
objection to the execution of the pardon. Woodward felt that Ford should have insisted
on a public confession and apology from Nixon.
That may have actually quieted down the uproar that followed.
 |
| Nixon thought about pardoning himself |
President
Ford pardoned Nixon because the issue had become a distraction and made it
difficult for him to govern. Ford knew
Nixon would not accept a public shamming session so the show would go on if
Ford chose the path that Woodward would have liked. Ford did have one trick up his sleeve, or
more so his pocket. Ford carried around
with him a copy of a Supreme Court decision from the time of Woodrow Wilson. The decision was Burdick v. United States. In this case poor Mr. Burdick was as a
local editor was being squeezed by Federal prosecutors to reveal his source in
leaked information from the Treasury department. Mr. Burdick pleaded the fifth and refused to
answer[1]
on the grounds of protection from self-incrimination. So the
prosecutors contacted the White House and Mr. Burdick was handed a pardon by
President Wilson. Now he could longer
plead the fifth. Mr. Burdick still refused and
the case went to the Supreme Court. The
Supreme Court ruled that Burdick did not have to testify because he had the
right to reject the pardon. Because a
pardon was an act of forgiveness and by accepting a pardon he is in fact
confessing to what he was being pardoned for.
His Fifth Amendment rights allowed him to refuse.
 |
| Ford, by pardoning Nixon, got him to confess |
Ford
offered Nixon a pardon. Nixon accepted
the pardon. Nixon had confessed, and
that had satisfied Ford’s personal morals even if it did not win over the
American public.
If
Donald Trump tries to pardon himself he is confessing to the world that he is a criminal.
If Donald Trump Jr. accepts a
pardon from his father he confessing to the need for a pardon and considering
the content of his emails we know what the pardon is for.
If Jared Kushner accepts a pardon he is a crook just as big as his father.
If Michael Flynn accepts a pardon
then we can write the Russian Espionage case as a fact in the history books
with Flynn being a modern day Alger Hiss.
The only question would be is the Republican controlled 115th
Congress a group of integrity and character enough to do the right thing? Or are they worthless weasels and we will
have to wait for the 116th?
{Video is a clip from CNN}
{Video is a clip from CNN}
