Ford broke legal ground with presidential pardon for Nixon

President Gerald R. Ford announces his pardon of Richard Nixon on September 8, 1974. Story Tools

(CNN) -- President Gerald R. Ford's decision to grant a pardon to Richard Nixon just 30 days after taking office was one of the most controversial decisions of his presidency.

Ford announced his decision September 8, 1974, saying he hoped the pardon would "shut and seal this book" on Watergate.

In his speech, Ford said the decision was a difficult one and that he only had his conscience to guide him.

Article II, Section 2 of the U.S. Constitution says that the president "shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment," but that power had never been used under these circumstances.

"There are no historic or legal precedents to which I can turn in this matter, none that precisely fit the circumstances of a private citizen who has resigned the presidency of the United States," Ford said.

Ford concluded that the "years of bitter controversy and divisive national debate" over Watergate would make it impossible for Nixon to get a fair trial for months or even years.

"The facts, as I see them, are that a former president of the United States, instead of enjoying equal treatment with any other citizen accused of violating the law, would be cruelly and excessively penalized either in preserving the presumption of his innocence or in obtaining a speedy determination of his guilt in order to repay a legal debt to society," Ford said.

He said that even though Nixon was a longtime friend, there were more important issues than his fate.

"During this long period of delay and potential litigation, 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," he said.

Impact on 1976 presidential election

President Nixon and first lady Pat Nixon meet with Ford and his wife, Betty, in the Blue Room on October 13, 1973, following Nixon's nomination of Ford to succeed Spiro Agnew as vice president.

Nixon accepted the pardon, saying he hoped it would "contribute to lifting the burden of Watergate from our country."

He said he was wrong in not acting more decisively and forthrightly in dealing with Watergate.

"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," Nixon said.

He said he would have to deal with the burden of mishandling the scandal for the rest of his life.

"I know many fair-minded people believe that my motivations and action in the Watergate affair were intentionally self-serving and illegal. I now understand how my own mistakes and misjudgments have contributed to that belief and seem to support it. This burden is the heaviest one of all to bear."

Herbert J. Miller, the former assistant attorney general who represented Nixon after his resignation, said he was sure that the pardon cost Ford the 1976 presidential election.

"I think it was one of the most courageous acts in the history of our republic," Miller said.

Widespread protests

The White House was flooded with angry calls and telegrams after the pardon was announced, and polls showed Ford's approval rating dropped sharply.

Press secretary Jerald F. TerHorst resigned, saying it would be awkward for him to defend an absolute pardon for Nixon "but only a conditional pardon for young men who had fled to Canada to escape Vietnam as an act of conscience."

One of Ford's early acts as president was the announcement of a conditional amnesty program for those who had evaded the draft or deserted during the Vietnam War.

President Nixon and Ford meet in the Oval Office on October 13, 1973, the day Nixon nominated Ford to succeed Agnew as vice president.

Many congressional Democrats and some Republicans also protested the decision to pardon Nixon, arguing that it was premature to pardon him before he had been charged with any crimes and that he should be treated like any other citizen accused of wrongdoing.

Some critics accused Ford of making a deal to pardon Nixon so he could become president.

In fact, Ford had never expressed any interest in becoming president. He said his goal was to be a good legislator and possibly speaker of the House.

Ford served 12 terms in the House of Representatives and became the minority leader. He had planned to retire by January 1977 because he did not think Republicans would win a majority in the House.

Instead, Nixon named Ford to replace Vice President Spiro Agnew, who resigned after pleading no contest in a bribery scandal.

On August 1, 1974, White House Chief of Staff Alexander Haig told Ford to "be ready for a big change in your life." He said Nixon would be willing to resign if Ford would agree to pardon him.

Ford said he told Haig the next day, "I want you to understand that I have no intention of recommending what the president should do about resigning or not resigning, and that nothing we talked about yesterday afternoon should be given any consideration in whatever decision the president may wish to make."

Nixon announced his resignation August 8, 1974, and Ford was sworn in as president the next day.

In a brief statement after he was sworn in, Ford said, "I am acutely aware that you have not elected me as your president by your ballots. So I ask you to confirm me as your president with your prayers. And I hope that such prayers will also be the first of many."

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