FTA:
Some argue that prosecuting Trump is not worth it because it, too, would put the country through unnecessary agony. They say this is akin to the rationale for Gerald Ford’s 1974 blanket pardon for Richard Nixon—a move widely criticized at the time, which may have cost the Michigander the presidency in 1976. But in the nearly 50 years since then, the public mood has shifted, and we see the merit in what Ford did and the courage it took, considering that the easier path would have been to let Nixon pay for his many crimes. The John F. Kennedy Profile in Courage award was given to Ford by the John F. Kennedy Library 17 years after the fact—a measure of how much the conventional wisdom about the right thing to do can turn.
Some argue for similar leniency for Trump, including the Harvard professor and former Justice Department official Jack Goldsmith, who took up this cause in The New York Times. The gist of his case is that, although Trump is surely guilty, pursuing his January 6 crimes comes at a cost. I deeply admire Goldsmith and respect this point of view, but I think we’d be wrong to abide by it or the notions of others urging the prosecutors to drop their cases.
Let’s not idealize the Ford pardon. It, too, came at a cost. It sent a powerful signal then and now that there are two standards of justice in America. It wrought cynicism and may have enabled or at least encouraged other presidents to break the law. Would Trump have been Trump if Nixon had served time? It’s a counterfactual that can’t be answered. Plus, Trump’s alleged crimes make Watergate look like spitting on the sidewalk.
Ford’s pardon came after Richard Nixxon accepted the fact that he did something wrong and resigned as a consequence. While he believed he did nothing wrong (“I am not a crook”), the fact that he did resign (even if avoiding impeachment potentially was a big reason to do so) shows at least some level of remorse or realization of overstepping boundaries. Nixxon gave up his office as a result of his actions.
Trump does not show any signs of moderating himself. To this day, he claims the election was stolen. To this day, he repeatedly portraits himself as a victim of a witch hunt - particularly to the core base of his followers - inciting fear and hate in a large group of unhinged people. There is no remorse, there is no accepting the consequences of his actions, there is only an urge to rile up people, avoid consequences and enrich himself.
Giving Trump any more leniency would just encourage him to keep doing what he does.
And encourage more Republicans to follow his example.
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