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by dragonwriter 4687 days ago
> My greater point is about the arena that Ford decisively closed off with his pardon. Historically, when a Republic degrades to the point where leaders don't dare lose power, because they'll lose their freedom and frequently in time past their lives, that Republic dies an ugly death.

The other point in time where Republics die an ugly death is the point at which the leaders no longer feel constrained by the threat of being held accountable for actions while in office. Ford's preemptive pardon of Nixon -- which forestalled a thorough questioning of Nixon's actions and a determination of whether he ought to be held accountable for them -- moved the Republic closer to that point, even if it also moved it farther from the point you are concerned about (which, of course, is always the one those in power want to avoid, and not out of any concern for "the Republic".)

> Perhaps you weren't alive/politically aware back then, but the country did Move On

It did, indeed, move on to the abuses of national security apparatus by later administrations (most notably under Reagan, Bush II, and Obama, though the Ford, Carter, Bush I, and Clinton administrations aren't without issues, as well) with a similar lack of accountability, and indeed an increasing acceptance that, while we didn't like it when it was the other side doing it, such abuses were just part of what happened, and even in the most egregious cases with the clearest involvement from the top, there was no serious consideration of accountability.

The Ford pardon secured and further institutionalized the Imperial Presidency.

1 comments

Right. Nixon's forced resignation, on a credible threat that he'd otherwise suffer a bipartisan House impeachment and Senate conviction---either a singular event in US history---in no way whatsoever held him accountable, nor illustrated a threat to future Presidents....
> Right. Nixon's forced resignation, on a credible threat that he'd otherwise suffer a bipartisan House impeachment and Senate conviction---either a singular event in US history---in no way whatsoever held him accountable, nor illustrated a threat to future Presidents

Well, no, you'll note I didn't say anything like that.

In fact, viewed alone, that would be a very potent blow for accountability; but impeachment and conviction on articles of impeachment alone is fairly minimal accountability, especially for a President (for, e.g., judges its somewhat more significant, as the ban on future public office is more significant for them than for Presidents.)

It would, however, be significant for Presidents because it opens the door for immediate criminal accountability, but this impact is neutralized when we establish that even the consideration of criminal liability of the President for actions committed during the term of office, even those high crimes and misdemeanors so serious and well established that they certainly would have resulted in impeachment and conviction, is outside the scope of what can be considered.

A ban on future public office would be news to this ex-Federal judge: http://en.wikipedia.org/wiki/Alcee_Hastings
> A ban on future public office would be news to this ex-Federal judge

The Constitution limits the possible penalties on conviction for impeachment to removal from office and "disqualification to hold and enjoy any office of honor, trust or profit under the United States" [1]. It does not mandate that both of the available remedies be applied upon conviction.

[1] Art. I, Sec. 3