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Nixon Pardon - Correspondence (5)
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Nixon Pardon - Correspondence (5)
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The original documents are located in Box 32, folder "Nixon Pardon - Correspondence
(5)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 32 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
October 7. 1974
Dear Sam:
Thank you for your letter of October first.
I have indeed read Duncan's sermon and so
has the President. In fact, I have several
printed copies in my drawer. You might be
interested to know that Hugh Sidey of TIME
magazine quoted the sermon in a recent
aditorial.
I will be happy, time providing, to review
your report. I am pleased that you have
become so involved in these events. We
all appreciate your efferts.
Most sincerely yours,
Philip W. Buchen
Counsel to the President
Mr. Samuel M. Dix
320 Federal Square Building
Grand Rapids, Michigan 49502
FORD is LIBRARY 078870
October 1, 1974
Dear Phil,
I am sure you received Dunc's sermon on the Nixon pardon, but
you may not have had time to read it. My opinion is unchanged that
this decision by the President was the right one and both the press
and the public will be embarrassed by their reaction with the per-
spective of time.
However, I am most concerned with the President's remarks to
the International Energy Conference September 23rd. The report which
I sent to you a few weeks ago was prepared specifically for this con-
ference (while Jerry was still Vice President). Mr. Kissenger's
genius and the almost universal opinion of this country's economists,
discounting the importance of the energy and petroleum problem, is
probably responsible for the position which the President took.
Bill Seidman advises that my research is being made available
to the team of economic advisers, but I am not sure that this is
enough. The President's sword rattling was totally in context with
his remarks years ago to the Committee of the 100 in the very early
days of the Viet Nam and Cuban crises. Pleasing hawkish conserva-
tives is no longer a safe position for him to take.
I hope you will find time to at least look over my efforts.
There is no way that this country can avoid facing the problem of
limited petroleum supplies and the fact of Arab sovereignty and
economic advantage. This country can live within its petroleum
production capacity and I see no other practical solution than to
begin to demonstrate this kind of independence and this kind of
political and economic strength.
Cordially
S. M. Dix
FORD LIBRARY is 07
October 7, 1974
Dear Miss Sturdevant:
Thank you for your recent letter of
October first, concerning the pardom
granted to the former President.
I was interested to read your comments
about the prior administration.
1 know the President will appreciate
your kind words of confidence and
encouragement.
Most sincerely yours,
Philip W. Buchen
Counsel to the President
Miss Kittie C. Stardevant
303-4 Bostom Building
105 North Breadway
Oklahema City, Cklahema 73102
FORD is LIBRARY GERVID
MISS KITTIE C. STURDEVANT
ATTORNEY AT LAW
303-4 BOSTON BUILDING
105 NORTH BROADWAY
TELEPHONE 236-5803
OKLAHOMA CITY, OKLAHOMA 73102
October 1st 1974
Mr. Philip W. Buchen
Counsel to the President
Washington, D C
Dear Mr. Buchen'
Since the House Judiciary sub-committee
has insisted on being told the details of the Nixon pardon,
a lot of us here hope that President Ford may see fit to
turn the tables on the democratic controlled committee members
and use the opportunity to remind the committee and the
country of the worth while accomplishments
of the Nixon period and the contributions made by
Nixon, some of which are still in process of completion.
Even in a change of an ordinary
business concern, the outgoing executives usually need to
maintain contact for a while. In the case of the
Presidency of the United States, Nixon has had many
plans, agreements and conferences and contacts with foreign
nations and with domestic outfits, dealing with continuing
problems. It is not to the interest of the country to
snap all relations between the two heads, like
you cut a thread from a needle in sewing. As I understand it,
one of the main reasons why expenses are allowed for the tran-
sition period of an outgoing President is the necessity
for continuous or repeated consultations between the two
on what has been done in the past in order to continue
the nation on an even course.
If Nixon's time had to be inundated with
courtroom defenses, his mind would not be clear for the
necssary consultations required for smooth continuation
of many public interests.
This persistent comparison of
draft evaders and deserters with Nixon on the question
of amnesty seems to me to evidence a determined effort to
degrade Nixon. His contributions to the country have been
outstanding and "equal justice for all" demand that considerati
be given to that service, Draft evaders, deserters and the
like have not earned any "justice" as yet
Yours truly
&
FORD
NITURE
I
car
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
Partn
October 4, 1974
Dear Cob:
Thank you very much for your informative letter.
The plans to have the old Federal Building in
Grand Rapids to become a community arts center
sound most promising.
I also appreciate your thoughtful and supportive
comments about the pardon decision. We who have
been tutored by Duncan Littlefair had an easier
time of understanding this act than a great
many people do. However, I believe in the long
run decision. it will be recognized as a truly great
Sincerely yours,
Philip W. Buchen
Counsel to the President
Hr. Bob Blaich
Vice President of Design
Herman Hiller Inc.
Zeeland, Nichigan 49464
FORD i LIBRARY
herman miller
September 18, 1974
Mr. Philip Buchen
Counsel to the President
The White House
Washington, D.C.
Dear Phil
Sincerest congratulations on your elevation to cabinet rank,
a well earned honor.
While in Washington last week attending the Second Federal
Design Assembly sponsored by the Federal Council on the Arts
and Humanities, I found myself, by virtue of being from Grand
Rapids, very much in the center of both positive and negative
issues. The positive of course is the leadership role played by
Grand Rapids in the Arts and the apparent support of the
President to the National Endowment due in part by his own
admission to the Calder. As an individual who has been hanging
in there through the Calder; Sculpture off the Pedestal show;
Artist in Residence (Joe Kinnebrew) Robert Morris earthworks;
Fishladder Sculpture and Mini-Park and now the proposed
conversion of the old Federal Building to an Arts Center for
Grand Rapids, I feel a great sense of pride in our accomplish-
ments and in the local and national recognition we are now
receiving.
I had the honor of meeting and discussing our various projects
with John Richardson, Jr., Assistant Secretary of State for
Educational and Cultural Affairs; Rogers C.B. Morton; Michael
Straight and Larry Roush, Commissioner of GSA, Public Buildings
FORD is LIBRARY 07.839
Herman Miller Inc Zeeland, Michigan 49464
Telephone: 616 772 2161
TWX: 810 292 6133
las
September 18, 1974
Mr. Philip Buchen
Page Two
Service, and all were interested in what we have and are continuing
to accomplish. I was most pleased to be in attendance when
Commissioner Roush announced that the Old Federal Building and
Courthouse will be conveyed to the city in the near future for
use as a community arts center. We had only sent in our applica-
tion three weeks ago and this was very fast action at least for
the Government.
I will keep you posted on our continuing activity as I know you
have been an interested supporter of the arts in Grand Rapids.
On the negative side, being in D.C. the "Week of the Pardon"
was difficult, again because of my Grand Rapids residence many
wanted to know my feelings on the subject. I came very close
to calling you several times and especially on Friday while I
sat in the director's office of the Renwick Gallery and could see
the White House out the window. I wanted to tell you that I
support this decision wholeheartedly.
I've not always been a supporter of Gerald Ford, but I am
giving him the benefit of the doubt and especially with you as
his counsel, for I believe in your integrity and compassion. I
could not have said how I felt as eloquently as Duncan Littlefair
did this morning in church, and I'm sure by now you have heard
about his sermon which was very supportive and met with
applause. I have never supported Nixon and held him in contempt
as does Duncan, but I share President Ford's and I'm sure your
compassion for the man. God bless you for such a Christian
decision.
Most sincerely
Bol
Bob Blaich
Vice President of Design
enclosure
LISTARY GERALD s FORD
Study Plots New Life for Old Federal Building
By Paul Chaffee
proposed conversion show a switch in the
The Grand Rapids Foundation
Blaich.
Patient watchers and waiters may soon
main entrance from doors at the north and
has chipped in $12,000 and
The Federal Building seems particularly
see Grand Rapids' old, but sturdy, Federal
south to a glass-enclosed, fishbowl lobby
Robert Blaich, a museum trustee
suited to conversion to such a facility.
Building turned around, literally and
facing N. Division Ave.
and chairman of the committee
Blaich contends. It is near the heart of
figuratively.
William F. Thrall, of Steenwyk & Thrall,
Inc., proposes tearing down of the "added-
seeking acquisition of the Federal
downtown revitalization efforts, with Van-
Since the General Services Administra-
Building, says securing private
denberg Center and the riverfront projects
tion (GSA) decided to give the 63-year-old
on" loading dock on the east side of the
contributions of $10.000 will
to the north and west and College Park
building to restore its
The Grand Rapids Press
EDITORIAL PAGE
WEDNESDAY, SEPTEMBER 11, 1974
14-A
Art Center Needed
It is refreshing to discover that a vacated
downtown Grand Rapids building may be put to good
use, perhaps to an even more versatile and
attractive use than its original purpose.
A local committee believes that the old Federal
(Post Office) Building shows enough promise to
warrant detailed study as a possible community art
October 7, 1974
Pardm
Dear Ted:
How very kind of you to take time and write to
be about Duncan Littlefair's sermon. 1 learned
of his sermon shortly after it was given. You
might be interested to know that I have already
read it and so has the President. In fact, we
have some printed copies here at the White House.
Also, Duncan's Sermon was quoted by Hugh Sidey
of Time magazine in a recent editorial.
I sincerely appreciate your thoughtfulness la
writing and expressing support and encouragement
for the President.
Most sincerely yours,
Philip W. Buchen
Counsel to the President
Mr. Ted Vietke
4151 Saywood, S.E.
Grand Rapids, Michigan 49506
PWB:em
FORD & LIBRARY GERALD
4151 Baywood SE
Grand Rapids, much
Oct. 1, 1974
mr. Philip Buchen
White House
Washington, D.C
Dear nu. Bucken:
In the light of The controversy,
brought on by Richard
jardon, I thought you might be
interestal in a recent article
in the G.R. Press which quoted
Dr. Duncan Luttefau
the article is attached
If President ford has not
seen this, I trust it might he
of interest to him.
I personally felt than the
statements which 2 underlined
make good sense
of Course, we are 100 % with
the President on The pardon
decision
CERALO FORD LIBRARY
Sincerely,
Ted Wietke
Partna
October 8, 1974
Dear Mr. Brashares:
I would like to personally acknowledge your kind
letter of October third, enclosing a copy of your
letter to the Editor of THE WASHINGTON POST.
Your opinion is very articulate and the President
will, no doubt, be pleased to read your letter when
it is published in the POST. On behalf of President
Ford, may I take this opportunity to thank you for
your public expression of support of his difficult
decision to grant the former President a parden.
With appreciation,
Mest sincerely yours,
Philip W. Buchen
Counsel to the President
Mr. William C. Brashares
Gere, Cladeuhos and Brachares
1750 New York Avenue, Northwest
Washington, D. C. 20006
FORDO is LIBRARY 038860
GORE, CLADOUHOS & BRASHARES
ATTORNEYS AT LAW
1750 NEW YORK AVENUE, NORTHWEST, WASHINGTON, D.C. 20006
202 - 833-1101
TELEX NO. 89-2662
1900 AVENUE OF THE STARS, LOS ANGELES, CALIFORNIA 90067
213-556-2295
October 3, 1974
ALBERT GORE
HARRY W. CLADOUHOS
OF COUNSEL
WILLIAM C. BRASHARES
PAULINE GORE
MELVIN J. DUVALL, JR.*
SARAH C. CAREY
ROGER M. GOLDEN
THOMAS V. VAKERICS
PAUL M. LAURENZA
LORNA PARNELL*
*ADMITTED ONLY IN CALIFORNIA
Philip Buchen, Esquire
Counsel to the President
The White House
Washington, D. C.
Dear Mr. Buchen:
I wrote the enclosed letter to the Washington Post
several weeks ago. It may have some ideas that would be of use
in connection with the President's testimony on the pardon next
week.
Sincerely yours,
Bull Brashoma
William C. Brashares
Enclosure
BERALD FORD
GORE, CLADOUHOS & BRASHARES
ATTORNEYS AT LAW
1750 NEW YORK AVENUE, NORTHWEST, WASHINGTON, D. C.20006
202 - 833-1101
TELEX NO. 89-2662
1900 AVENUE OF THE STARS, LOS ANGELES, CALIFORNIA 90067
213-556-2295
HARRY W. CLADOUHOS
ALBERT GORE
WILLIAM C. BRASHARES
September 11, 1974
OF COUNSEL
PAULINE GORE
MELVIN J. DUVALL, JR.*
SARAH C. CAREY
PAUL H. DELANEY, JR.
ROGER M. GOLDEN
THOMAS V. VAKERICS
J. COURTNEY SHEVELSON
*ADMITTED ONLY IN CALIFORNIA
Editor
The Washington Post
1150 Fifteenth Street, N. W.
Washington, D. C. 20071
Sir:
The Nixon pardon might have been handled more profession-
ally, and the many criticisms going to tone, style and timing may
well resurrect the public feelings of distrust that became so
finely honed over the Nixon years in office. But, all that aside,
the case for the pardon and the case for it now are to me rather
convincing.
President Ford and the country are entitled to an atmos-
phere free of the passions of Watergate as serious national prob-
lems are being confronted. Our deep-seated economic ills, our
changing role in world alliances and our new, demanding social
needs cannot be understood or approached in the midst of the ul-
timate spectacle of Watergate, the indictment and prosecution of
a former President. Witness the failure of our leadership and the
paralysis of Congress over the last two years. It would be no
better with new leadership if the public attention remains so
consumed.
We simply cannot afford it. Our American passion for the
final "shootout", the bringing to earth of the evil mastermind,
must yield to a more pressing national agenda. And the new Presi-
dent deserves more than the role of presiding over the final bloody
chapter of Watergate and Richard Nixon.
The decision, in my view inevitable, would have grown
more divisive and explosive with every step toward the Nixon judgment.
GERAL
ABRARY
The Washington Post
September 11, 1974
Page Two
The furor now could only be enhanced by specific charges or the
momentum of court proceedings. A pardon at the moment of conviction
-- possibly after months of minute public digestion of the horrible
evidence of corruption and public betrayal -- would be the hardest
of all. But even then, of course, it would fail totally in its'
main purpose of sparing the country the further distraction of the
chase. It had to be now, when the passions had cooled for the first
time in many months and the new President's public standing still.
held the euphoric affection and confidence of a deeply relieved
people.
We should, as the Post suggests in its editorial of Septem-
ber 10, separate the man Nixon from the Presidency, and that is pre-
cisely why he, or rather it, had to be pardoned. Mr. Nixon has no
greater right to relief from legal process and consequent grief and
anxiety than any other citizen, but the office entrusted to him in
a sense subsumed him, and is therein the subject and the innocent
victim of passions aimed truly at the man. Richard Nixon as a
private felon would be neither newsworthy nor pardon-worthy. He
is, however, a necessary beneficiary of our proper unwillingness to
let him drag the institution, indeed our total institution of govern-
ment, into further national paralysis in the obsession for vengeance.
Finally, what have we lost? A public record complete
enough to warn all present and future public servants what the
public demands of this trust? If that message is not now clear, it
is doubtful that any more elaborate public view of Mr. Nixon's
private and public machinations would make it SO. Have we lost the
ability to punish others? Certainly not. Indeed, having received
federal immunity, Mr. Nixon's usefulness as a witness in other in-
vestigative or prosecutoral forums is greatly increased, and he re-
mains subject to the laws against perjury. And, in my view, only
if we badly misunderstand the meaning of the pardon and the Presi-
dency do we grieve seriously of a disparity in treating Messrs.
Magruder, Dean, Erlichman, et. al. By the same token, President
Ford should quickly dismiss any notion of a wholesale Watergate
pardon.
We have been deprived of the story's end for the man whose
sometimes sinister and obscure nature made the initial chapters a
consuming national interest. We should hope that perhaps our baser
GERALD FORD
The Washington Post
September 11, 1974
Page Three
instincts, more than our sense of public good, are at the heart of
our frustration. We should hope of our President that this resort
to an extraordinary power is a rare exception to his trust that our
people and our institutions can handle the full truth and pursue its
ultimate course in the national interest.
Sincerely yours,
Williams C. Brachares
William C. Brashares
jw
FORD i LIBRARY 078836
THE WHITE HOUSE
WASHINGTON
Ron Nessen:
Thought you
and Jack would
like to see Y
copy of the
sermon which the
President mentioned
Inhis interview
with Hugh Sidey.
It's good.
T.W.B
THE WHITE HOUSE
WASHINGTON
Date 10/14
TO: Phillip Buchen
FYI ACTION
OTHER
x LIZ O'NEILL
Room 149
FORD & LIBRARY
ROBERT H. YOAKUM
Lakeville, Connecticut 06039
getts
Ron nessens
encl
October 7, 1974
President Gerald R. Ford
The White House
Washington, D.C. 20500
Dear President Ford:
Instead of replying to your form reply to my
letter on the subject of the pre-indictment, pre-trial
Nixon pardon I am enclosing my syndicated column on
the subject. I think it clearly presents the moral and
legal consequences.
Yours sincerely,
Robert Your
Robert Yoakum
FORD : LIBRARY Group.
Los Angeles Times SYNDICATE
Times Mirror Square / Los Angeles, California 90053 / Telephone (213) 625-2345
ANOTHER LOOK by Robert Yoakum
RELEASE DATE: Friday, September 13, 1974
A PRISONER WRITES THE PRESIDENT
by Robert Yoakum
Dear President Ford,
I have just read about your pardoning Nixon and I
would like to have you do the same thing for me. You can find
me in the Scrimshaw Prison as you can see from the return
address.
I am writing to tell you about my case because you
said that the laws of God are higher than the laws of the
Constitusion and you said you got gidance from God with prayers
about Nixon's case, but I knew you couldn't have discussed my
case at the same time because you didn't know about my case,
which is why I am writing you to tell you about it.
To begin with, I pleaded guilty to taking a colored
TV set (Zeenith) and a blender (Hoover, for my wife), but I
didn't do any of the damage like they said in court. That was
the guy who was with me, Perk Stilton.
You and God both helped Nixon and he also had about
20 lawyers which I read cost $600,000 of the tax payers money.
(Paragraph continues)
FORD a LIBRARY GERALD
Page Two THE YOAKUM COLUMN Sept. 13 money.
But I couldn't pay for one lawyer because I've been unemployed
a lot, so all I got was about 10 minutes with a legal aid man
who was so busy that he said his wife was divorcing him.
The judge was a real tough guy, you know the kind,
who said that if people like me werent punished that other
people would do the same thing, although I guess its different
for Presidents.
The legal aid man said if we pleaded guilty that he
(the judge) would take it easy on us but he didn't. He gave
me one to four years even though it was only second degree
larcany.
I shure wish I had your statement pardoning Nixon
then because I could have told him (the judge) what you said
about showing mercy and how he (Nixon) and his loved ones have
suffered enough, which is what me and my loved ones have done.
Now when you pray again for gidance on my case please
tell how lousy it is in this prison. I mean it is really
lousy. There is nothing to chose between the prisoners and
the guards because they are both awful mean.
(Paragraph continues)
FORD i LIBRARY
Page Three
THE YOAKUM COLUMN
Sept. 13
mean.
Like some of the guards enjoy hurting people and some of the
queer men prisoners actually rape other men prisoners and you
can even hear them screaming and nobody does nothing because it
would get them into lots of trouble.
As for my family while I'm sorry about the Nixons,
frankly they have it a lot better. They have got two terrific
homes and more money than our whole naborhood has got and I
read that Nixon is getting $850,000 plus $150,000 every year
for the rest of his life. Also he can work, like on writing
that book for another $2,000,000 or so but I cant work here
which is one of the reasons my wife has to although the kids
need her home.
Agnew also had a lot of charges against him but the
Justice Departmant people made a deal with him and he is also
doing OK with business and books and traveling all over. One
guy here who was a lawyer said Agnew and Nixon did a lot worse
things than I did.
I have two girls like Nixon. My wife says they are
no good but I said it was the naborhood they grew up in that
was no good and also the lousy school.
(MORE)
FORD is DERALD Libnary
+
Page Four THE YOAKUM COLUMN Sept. 13 school.
Anyway, you said you believe in mercy and equal
justice for all Americans so I trust you to discuss my case in
your next prayers. If anybody needs mercy I do.
Respectfully,
Warner Blount
P.S. I am willing to make a public statement like Nixon
that I made some errors of judgment and misstakes.
Copyright 1974, Los Angeles Times
FORD - LIBRAR
///////// ///////// ///////// ///////// ///////// ///////// /////////
ROBERT H. YOAKUM
EVIL
Lakeville
Connecticut 06039
USA
LAR,
OCT
7
CT
197
13c
<<<<<<<<<
05039
USAirmail
VIA AIR MAIL
President Gerald R. Ford
The White House
Washington, D.C.
20500
///////// <<<<<<<<<
MEMORAN
THE WHITE HOUSE
WASHINGTON
October 16, 1974
MEMORANDUM FOR:
WHITE HOUSE STAFF
AND
CABINET MEMBERS
FROM:
PAUL A. MILTICH
SUBJECT:
ATTACHED
I thought the attached article by Karen Elliott of the Wall Street Journal
in the October 16 issue of the Journal would be of interest to you.
FORD i GERALD LIBRARY
The special prosecutor said he has kept
whether he would have prosecuted the for
The Pardon of Nixon
silent on the pardon and on Mr. Nixon role
mer President if Mr. Ford hadn't pardoned
in the Watergate
him. "Nothing is served by talking about
cover-up for two rea-
hypothetical situations now," he declared.
sons: He wanted to
Was Timely, Legal, 10/16/14
wait until a jury was
But Mr. Jaworski said that If the former
Jaworski Believes
chosen and seques-
President had been charged, his trial
tered for the trial of
wouldn't have come for many months. "We
five of Mr. Nixon's
gave no consideration to doing anything
former top aides,
with the former President until after the
and he wanted to
cover-up jury was sequestered," he said.
He Says Nixon's Acceptance
wait until he had an-
A major task still facing the special pros-
Clearly Shows His Guilt
nounced his resigna-
ecution force is a report to Congress on are
And More Evidence Is Due
tion. All that has
Nixon investigation and on other aspects of
happened, and now
the Watergate case. That report will
Mr. Jaworski is talk-
elude much evidence against the former
By KAREN J. ELLIOTT
ing: There will be
President unless Congress specifically are
Staff Reporter of THE WALL STREET JOURNAL
more newspaper in-
thorises its inclusion. Without such author
WASHINGTON-Special Watergate Pros-
terviews, and on
ity, Mr. Jaworaki believes, a prosecutor
Sunday he is school
can't ethically disclose evidence against
ecutor Leon Jaworski sees nothing wrong
with President Ford's decision last month to
uled to appear on NBC's Meet the Press"
man who hasn't been charged; Mr. Jawor
has for
Parkm
October 8. 1974
Dear Congressman Corman:
We appreciate the interest of the student of one of your constituents,
Mr. Jess Nathan, to study legal precedents for exercise of the
President's Constitutional power to grant pardens in relation to
the recent pardon of former President Nixon.
However, it is the established policy of Counsel to the President
not to distribute the work product of legal research done for the
President. Cases on the use of the pardon power are numerous
and are all contained in published law digests and case reporters
available in law libraries and many law offices. A leading Supreme
Court case is Ex Parts Garland, 71 U.S. 366 (1867) and one invešting
Presidential pardon of an individual before indictment or conviction
is Burdick Y. U.S., 236 U.S. 79 (1915).
I hope this reply to your letter will serve to help you reply to the
request made to you from Mr. Nathan.
Sincerely,
Philip W. Buchen
Counsel to the President
The Honorable James C. Corman
House of Representatives
Washington, D. C. 20515
FORD a GERALD LIBRARY
DISTRICT OFFICE:
WASHINGTON OFFICE:
2252 RAYBURN HOUSE*OFFICE BUILDING
JAMES C. CORMAN
14545 FRIAR STREET
202-225-5811
220 DISTRICT. CALIFORNIA
VAN Nurs. CALIFORNIA 91401
213-787-1776
ROBERT C. RUBEN
ADMINISTRATIVE ASSISTANT
Congress of the United States
IRENE SLATER
FIELD DEPUTY
ALICE GORDON
LEGISLATIVE ASSISTANT
House of Representatives
SARAH ETHEREDGE
FIELD REPRESENTATIVE
HOUSE WAYS AND MEANS
NELDA BARRETT
Hashington, D.C. 20515
COMMITTEE
CASE WORKER
SELECT COMMITTEE ON
SMALL BUSINESS
September 24, 1974
Mr. Phillip Buchen
Counsel to the President
The White House
Washington, D.C.
Dear Mr. Buchen:
Enclosed please find a letter from my constituent
Jess Nathan relative to the legal precedents referred
to in the issuance of the full, free and unconditional
pardon to Richard M. Nixon.
I would appreciate your response to his request
so I may furnish him with the appropriate material
for the study.
Thank you.
With best wishes, I am
Sincerely yours
JAMES C. CORMAN
Member of Congress
JCC:em
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
FORD & LIBRA 075835
Jess Nathan, Ph. D., D.C.L.
6128 GOODLAND AVENUE
NORTH HOLLYWOOD, CALIFORNIA 91606
COUNSELOR AT LAW
7023 Sunser BOSELVARS
PRACTICE LIMITED TO FEDERAL APPEALS
Hoterwood,
PRIVATE INTERNATIONAL LAW AND RELATIONS
(213) 409-0263
MEMBER OF THE BAR SUPREME COURT OF THE U.S.
IF No ANSWER CALL
766-9990
September 20, 1974
Honorable James C. Corman
Member of Congress
New House Office Building
Washington D. C.
Dear Jim,
I have been following your career as usual with deep
interest and appreciation for the service you are
rendering the district and the nation. One of my
many activities I am Associate Dean of Graduate Study
for the Glendale College of Law. One of my students is
working on a research project relative to the pardon
granted Mr. Nixon by President Ford. Newspaper accounts
had attributed the research sustaining the pardon based
on findings made by Phillip W. Buchen, Counsel to the
President. I would greatly appreciate if you could obtain
from the Executive Office or Mr. Jaworski what precedent
pardons were used to establish the legal grounds for the
issuance of a pardon by the President to Mr. Nixon.
Looking forward to seeing you. I remain as ever, cordially
and with best to the family,
len
Jess Nathan
JN:jos
456-
Buckin's 2632
FORD is LIBRARY 07VH3 LIBRA
October 8, 1974
Pardm
Dear Hr. Nicely:
Thank you very much for your letter of September 24, 1974
concerning the pardoning of former President Nixon.
I believe that our courts and juries must administer justice, but
justice must and should be tempered with mercy. The pardon
power is the President's exclusive right under the Constitution
to show sercy. The case of the former President grossly
divided our nation; to show mercy to him is also to bind our
country's wounds. I hope in time you will come to believe that
President Ford did make the right decision.
Most sincerely yours,
Philip H. Buchen
Counsel to the President
Mr. Daniel G. Nicely
163 Oak Park Drive
Holland, Michigan 49423
FORD LIBRAR
24 September 1974
Mr Philip Buchen
The White House
Washington, D C
Dear Mr Buchen:
This is sent to tell you how completely I disagree with the pardon of
former President Richard M Nixon.
It is the ultimate coverupi
We, especially those of us who voted for him (and Agnewl), are entitled
to a full accounting of the complete Watergate. How can any man, especially
two schooled in the law as you and Mr Ford, justify the pardon of this
felonious man while young men who followed are leaving their wives and
young children for jail sentences, disgrace and certain financial disaster?
I submit, Mr Buchen, that the pardon of Richard M Nixon was unjust, unfair,
unChristian and uncalled for. It is an insult to justice. Give justice a
chance, Mr Buchen, and have more faith in our great system. Let the course
of justice follow the road to the end with no more presidential shortcuts.
We will do all within our power to make Mr Ford's term end with the 1976
election. At this point, I will vote against Mr Ford and encourage all
I know to do the same.
Very sincerely,
163 Oak Park Drive
Holland, Michigan 49423
FORD is LIBRARY 076835
Pardon
October 8, 1974
Dear Mr. Benjamin:
Thank you very much for your telegram of October
first, expressing support for the policies and
accomplishments of the former President's Adminis-
tration. I will be pleased to see that your
suggestion is brought to the President's attention.
As you are certainly aware, the hearing at which
President Ford will appear will be sharply
limited to the subject of why a pardon was
granted to the former President and therefore,
a general discussion on the matter you urge
may not occur.
I do appreciate your interest and expression of
concern.
Sincerely yours,
Philip W. Buchen
Counsel to the President
Mr. Edward B. Benjamin
Greensboro
North Carolina 27405
PuBlic
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EVEN AS A DEMOCRAT I HOPE WHEN YOU TESTIFY ON PARDON YOU WILL
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BRING OUT ALL NIXON DID FOR THIS COUNTRY IN MAKING PEOPLE AWARE
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OF POLLUTION AND TAKING STEPS TO END VIETNAM WAR WHICH WOULD
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HAVE BEEN EFFECTIVE IF HE HAD NOT BEEN DISCREDITED, ALSO IN
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MAKING SOME PROGRESS WITH RUSSIA, CHINA AND NEAR EASTERN STATES
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AND IN SETTING UP WAGE - PRICE CONTROL COUNCIL WHICH UNDOUBTEDLY
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DID DARN GOOD WORK BUT WAS SCRAPPED WHEN NIXON CAME UNDER FIRE
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LIBRARY
VERY WEEK I AM CONSULTING JUDICIAL MEMBER OF CONGRESS ON MOTIVATION
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THESE WERE TO ASCERTAIN EXTENT OF FOREIGN INFILTRATION AND NECESSITAT
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ED COVER UP TO AVOID ANTAGONIZING RUSSIA AND CHINA. CERTAINLY
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THESE ACTIVITIES COULD NOT HAVE BROUGHT NIXON ANY PERSONAL GAIN
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PARAGRAPH NIXONS DOWNFALL WAS ENGINEERED BY BEVY OF MAGAZINE,
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FROM STANDPOINT OF CONSPIRACY AND PERHAPS TREASON ALSO. NIXON
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GAVE HIS ALL TO COUNTRY TO EXTENT OF SERIOUSLY IMPERILLING HIS
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EMANATED FROM MEMORY LAPSES WHICH OVERTAKE ON ALL WHO WORK UNDER
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TO BE APPLAUDED AS HUMANE DECENT CITIZEN WHO TOOK IN MIND CONSEQUENCE
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S TO NIXONS LOVELY FAMILY AS WELL AS TO MAN HIMSELF AND PRESTIGE
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OF COUNTRY PARAGRAPH YOU HAVE MY PERMISSION TO READ THIS TELEGRAM
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I HAVE TAKEN A HAND IN THE FOUNDING OF A NUMBER OF INSTITUTIONS
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AND WE HAVE BUILT SOME OUTRIGHT. FURTHERMORE MY OWN WORK IN
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DEVELOPING SOUND CONSTRUCTIVE NATIONAL POLICY GOES BACK TO MY
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21ST YEAR. WHEN I WROTE THE LARGER LIBERALISM AT HARVARD UNIVERSITY
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WHOSE SUGGESTED REFORMS ARE NOW THE LAW OF THE LAND
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Partn
October B, 1974
Dear Nancy:
I am sorry that the press of business has delayed my response to
your note and editorial. Thank you for sending them along.
There has indeed been disagreement voiced by many citizens about
the decision to pardon the former President. Hopefully, over a
period of time more and more people will understand and approve
of the pardon. The best and most eloquent defense of it that
I know of has been Duncan Littlefair's sermon on the subject.
Be sure to read it, if you have not already done 50,
Very warmest regards.
Most sincerely yours,
Philip W. Buchen
Counsel to the President
Miss Nancy Dempsey
WZZM TV-Radio
Box Z
Grand Rapids, Michigan 49501
PWB:em
GERALD LIBRARY s FORD
WZZM
TY-RADIO
BOX Z GRAND RAPIDS, MICHIGAN 49501
'From the desk of:"
NANCY DEMPSEY
Dear Phil- -
Sorry to have to do this -
but we think Pres. Ford
made a bad mistable,
based on information
available to the public
Our mail seems to bear
this out.
Sincerely,
Nancy
FORD & LIBRARY
POINT
OF VIEW
13
Mr. Harold S. Sawyer
West Michigan Telecasters, Inc.
THE EDITORIAL VOICE OF WZZM-TV, GRAND RAPIDS, MICHIGAN
VIDEO
AUDIO
PARDON
Mr. Harold S. Sawyer
The reasons advanced for the unconditional pardon
of former President Nixon at this time, are in our view,
unpersuasive.
It is said that the former president has suffered
enough. The same may be said of any person of previously good
repute who is accused of criminality which has cost him his job
and reputation, and threatens his liberty.
It is said that the threat of prosecution hangs like
a sword, hazarding Mr. Nixon's health and the rebuilding of his
life. So it undcubtedly is, not only with all Watergate defen-
dants, but with similarly situated people in all walks.
It is said that this action will with finality close
the door on this whole sordid affair. It is already evident
it has done the contrary.
It is said that the American people do not want the
spectacle of a former president behind bars. This may well be
so, but that choice was not yet presented. It would not be
confronted until an indictment, a conviction and a prison
sentence occurred, each of which was at least uncertain. Even
if all these occurred, there would always exist the more palatable
possibility of commutation to house arrest at San Clemente or
something similar.
On the other side of the ledger, equal justice or mercy
has not been done between the Watergate defendants, and if they
all were now to be pardoned, what of the myriad other defendants
in non-violent cases whose actions caused far less damage either
in money or to the national well-being?
While it is true, as people in politics say, that
Americans are vitally interested in their economics and peace,
it would be a gross underestimation of the American people to say
that they are not even more interested in equality of treatment
under the law, fairness and honesty. This was the teaching
Watergate
AIR DATES: 9/11/74 - 11:30 P.M.
October 9, 1974
Dear Hs. Cunningham:
The case of the former President grossly divided our nation.
Further, it has diverted our attention from the search for
effective solutions to many complex problems which we face today.
President Ford has acted to bring our country together in order
that we may deal more effectively with these problems. I would
like to add that the power to grant a pardon is the President's
Constitutional right to show mercy; and his action, far from
circumventing the courts, is an essential ingredient in the
judicial process.
The letter agreement between the former President and the
Administrator of the General Services Administration is
premised upon soundly legal and historical precedent. The
papers and documents of every Administration have belonged to
the President who served the Nation. The agreement properly
recognized this precedent. Beyond this basic aim, it was our
purpose to ensure that these records would be available if
subpoenaed, and this was achieved by the creation of certain
explicit procedures.
Sincerely,
Philip W. Buchen
Counsel to the President
Ms. Estelle Cunningham
Locust Valley
New York 11560
PWB:em
FORD is GERALD LIBRARY
cust Valley,
Buchen- -
Sept. 30, 1974
When you want to make C dirty deal
you use a dirty decler.
The nction is gyprehmonic that to
president - himself quite venelly trinted -
gets his legal chirse from c shyster, who
in making that represensible decl whenly
making Nixm's tapes inavoilable, used as his
an effect was made to obstruct justice ly
emissory c men whom he then knew to be under
c federal criminal investigation.
This has all the elements of c brand new
Company to obstment justice - ly prividing f
the incomecimable destruction of the Nifon types.
It is to be hopel that your wind up
as the other conspiration did.
Perkaps I'm name - but maybe th
system will work.
LIBRARY GERALD ? For
Ford Emissary
Becomes
A Nonperson
The White House has been embar-
rassed by a side development in Pres-
ident Ford's pardoning of Richard Nix-
on: The Washington lawyer who acted
as- Mr. Ford's secret emissary in con-
reying the pardon to Mr. Nixon is in
danger of being indicted for scheming
to take $10,000 in spurious deductions
oh his Federal income tax return.
Dear Reverend Bell:
I have received your letter of September
twenty-eighth, presenting your views and con-
cents concerning the pardon granted to former
President Mixon.
Your thoughts will be reviewed and given
appropriate consideration.
Sincerely yours,
Philip W. Suchen
Counsel to the Presidtnt
The Reverend Charles R. Bell, Jr.
Bellevee Heights Church
10926 Meade Drive
Sun City, Arizona 85351
PWB:em
FORD a LIBRARY 0.70839
Bellevue Heights Church
AMERICAN BAPTIST
CHARLES R. BELL, JR.
10926 MEADE DRIVE
PASTOR
SUN CITY, ARIZONA 85351
September 28, 1974
My dear Mr. Buchen:
I am one of those people who watch the newscasts
and read the papers and magazines very carefully where they
comment on the National scene and what is now going on there.
I am writing to you on the assumption that you have
much to say about what is being done in the White House these
days and what is said about the things that have been done. My
reaction may not have great effect, but I feel a compulsion from
time to time to register it for I have the feeling that we are
on skids as a Nation and that everybody had better speak his piece.
First of all let me give you my reaction to Ford's
pardon of Nixon. Whatever Mr. Ford's true intention; it is
not coming across as an honest, open and fair move. Talk about
this being a move to put Watergate behind us all and heal the
Nation's wounds just does not have substance. It smacks much
more of a " deal and a continuing " cover- up 11 of the greatest
scandal and conspiracy in our history and may I remind you that
Ford has now done exactly what he promised he would not do. This
is what Nixon did for five years. It seems that Ford is going
along the same line.
Secondly let me comment on Mrs. Ford's little speech
last night telling us all with sweet concern that the White House
too was now serving covered dishes and fish in an effort to save
money. My wife, who is a pretty fair person I think, watched the
Pepsodent smile and heard the I-know-what-you-are up-against words
of support and comfort. Her immediate comment was " I don't like
her. " And I had the same feeling. How could you speech-writers
and aides ever feel that intelligent people could be conned by
that sort of corn? We know full well that Ford draws $ 200,000
salary, enormous trvel expense and entertainment money, Serve
covered dishes - as we do - to save money on that kind of salary ?
It's a joke
One of the things that turned me so fully against Nixon
was not only his venality; it was the way he tried to con me into
taking him seriously. That was an insult to my intelligence.
Yours,
Charles R. Bell, Jr.
fordon
October 9, 1974
Dear Jack:
Many thanks for year letter and warm
congratulations. Yes, 1 have seen and was
most pleased with Duscan's sermon on the
parden.
The matter of a portrait of the President by
Paul Collins, I believe I had best leave to
others from here to work on.
Warmest regards.
Sincerely,
Philip W. Buchen
Coussel to the President
Mr. Jack Hegan
News Director
WIEM-TV
West Michigan Telecasters, Inc.
Box z
Grand Rapids, Michigan 49501
FORD s LIBRARY GERALD
WZZM
TV-RADIO
WEST MICHIGAN TELECASTERS, INC.
BOX Z GRAND RAPIDS, MICHIGAN 49501 (616) 364-9551
October 2, 1974
Mr. Philip Buchen
Legan Counsel
The White House
1600 Pennsylvania Avenue
Washington, D. C.
Dear Phil:
I am a little late in saying congratulations, but
as you well know we are all very proud to have you serve in the
Ford administration. I am sure that you have had a chance by now
to read a copy of Duncan's sermon on the pardon. If for some
strange reason you did not get a copy, please let me know.
I mentioned the possibility of having a local black
artist, Paul Collins, do a portrait of the President. As I
understand it there is a move underway in Grand Rapids to have this
done with local people picking up the fee.
Apparently someone has been in touch with Bill Seidman
about this, but I am still trying to get some prints of Paul's
work so that you will know why we have recommended this man.
Dave Mehney, who has Kawasaki in Grand Rapids, is
apparently in touch with Mr. Seidman so that all of the Grand
Rapids people will know about this project.
Cordially,
ach Hogan
Jack Hogan
News Director
WZZM-TV
JH/tt
FORD is LIBRARY 07V839
ABC TELEVISION NETWORK AFFILIATE NATIONAL REPRESENTATIVE PETERS, GRIFFIN, WOODWARD, INC.
October 10, 1974
To:
Roland Elliott
From:
Phil Buchen
Subject: Attached letters
The attached letters are all addressed
to the President concerning his appearance
before the Hungate Committee.
Would you please assist my office in
responding to them.
Thank you very much.
FORD s LIBRARY 07V83
Parath
October 11, 1974
Dear Mr. Miller:
Thank you for your letter of October sixth,
enclosing a memorandum concerning the President's
appearance before the Criminal Justice Subcommittee
of the House Judiciary Committee.
Please be assured that I will review your research
and suggestions.
I appreciate your interest.
Sincerely,
Philip W. Buchen
Counsel to the President
Mr. James L Miller
Five East Market Street
Indianapolis, Indiana 42604
FORD i LIBRARY 038870
THE WHITE HOUSE
WASHINGTON
Copy pages on
outside of fill
for my personal
files.
P.
/4/76
Xeroled
FORD is LIBRARY 038400
P
THE WHITE HOUSE
washington
TO: Dick Cheney
FROM: ROBERT GOLDWIN Bob
COMMENTS:
The attached is an eloguent
defense of the nikon pardon.
Keyes is a black Junior Fellow
in Government at Harvard,
and a true genius, in his
20's.
The President might wish
to read it, too.
THE PRESIDENT HAS SEEN
Mr. Alan L. Keyes
I-22 Winthrop House
Harvard University
Cambridge, Mass. 02138
July 20, 1976
To the Editor
The Boston Globe
135 Morrissey Blvd.
Boston, Mass. 02107
Dear Sir:
Enclosed you will find some thoughts on the criticism
which has lately been leveled against President Ford for
his pardon of former President Richard Nixon. I offer them for
your consideration in the hope that you will see fit to
communicate them to your readers. I must admit that I
entertain little prospects for this hope, as you have displayed
in the past a marked propensity to suppress views with which
you disagree, especially when they come from a source that can
claim no more important title than that of an Americanicitizen.
I have sent copies of my: reflections. and of thisrletter totoo
several other newspapers and individuals. Perhaps there is
among them someone who is not unwilling to let these thoughts
be shared with my: fellow citizens. In any event one can never
feel that it is fruitless to have given thought to the best
interests of his nation. I am,
Yours Truly,
Alan L. Keyes
FORD DERVICE LIBRARY
It certainly surprises noone that Jimmy Carter should
attempt to use President Ford's pardon of Richard Nixon as a
tool in his campaign for the Presidency. No doubt it seems to
him a sure means of forwarding his great personal ambition.
However, the citizens of the United States would do well to
consider what best serves the good of the nation as a whole,
and to ask themselves whether President Ford did not show re-
markable political courage and wisdom in sparing the nation
a prolongation of the impeachment crisis. It is all well and
good to talk of treating Richard Nixon as one would any other
criminal, but it shows a decided lack of appreciation for the
agony of conscience which the impeachment crisis produced in
the minds of most Americans who love their country and are
saddened by its troubles. Richard Nixon had been the President
of the United States. He had been placed in that office by the
sufferages of an overwhelming majority of the American people.
The crisis of his tenure was not just a personal problem of
Richard Nixon, it was a crisis for all of the American people,
for their institutions and their judgement. Noone can condone
the illegal and improper acts committed under Nixon's presidency,
but only those who are blinded by personal ambition and partisan
hunger for office can fail to see that those crimes and acts
were a source of shame to the entire nation, and that they ag-
gravated greatly the crisis of morale and confidence occasioned
by the conflict in Vietnam in which President Johnson had GERABLE so
deeply involved the nation.
LIBRARY
Perhaps Senator Mondale and Mr. Carter believe that the
best way to have dealt with such a moral crisis would have
been to offer Richard Nixon as a sacrificial scapegoat upon
the altar of judicial process. But they need only reflect upon
their own words to realize that it is the judicial process
itself which would have been sacrificed, and with it the last
refuge of insitutional confidence we Americans still maintain
inviolate. Where could Richard Nixon have found a fair trial?
What Americans were so isolated that they did not hear of the
troubles of his administration, and how many were so lacking
in concern for their country and its future that they did not
form a judgement on the question which at that time was central
to its welfare- the guilt or innocence of President Nixon? Judging
by Senator Mondale's words, he certainly had formed a judgement,
and judging by his criticism of President Ford's pardon he would
have been willing to see Richard Nixon brought to a trial that
made a. mockery of the fundamental American tradition that no
one should be tried by those who have pre judged his guilt or
innocence. It is as important that this tradition be maintained
in regard to those whom the people have elevated to greatness,
as it is that the ordinary men and women among the people them-
selves should enjoy its protection. Perhaps it is even mòre
important, because the breach of principle would be all the
more glaring, all the more likely to arouse indignation and
mistrust, in proportion to the unparalleled celebrity of:the
case, and the extent to which it aroused partisan passion FOR against
LIBRARY
the accused, or in his favor. It is clear from the way in which
the Democrats are seeking to exploit the issue today that
partisan self-interest would have surrounded any attempt to
bring Richard Nixon to trial; and it is even more clear that
in an atmosphere of partisanship such a trial could only have
added to the burden of sorrow, shame and distrust which were
the legacy of that unhappy period in our affairs.
Courage is not often: a virtue of sophisticated men.
Whatever unwillingness there may be in some quarters to grant
President Ford credit for the accomplishments of his administration
whatever disposition there may be to criticize the simplicity
of his style, or the awkwardness of his spèech or manner, we
should realize that, in pardoning Richard Nixon, he granted
a reprieve to the whole:nation. Itwas evident at the time,
and it is even more so today, that in performing this act he
risked his personal political future. He made the chioce that
was most consistent with the good of his fellow countrymen,
sparing us the spectacle ofourtown vindictiveness, giving us
:chance to take stock of our affairs in an atmosphere free
of the passion and doubt: which had troubled our polity for
so many years. As Alexander Hamilton once observed, there is
an " odium which must always attend even upon justice itself
when directed by extreme severity It no doubt would have
served the political purposes of the Democratic party had we
lived for the past two years in a political climate persvaded
by such odium. It might have served to forestall the revelation
of the misdeeds of Democratic public men which have drawn our
attention in recent months. We have learned that the framework
for corruption which Nixon found when he came into office was
an inheritance prepared by his Democratic predecessors. The
Democrats would do well to remember that in the greatest crises
in the affairs of a republic such as ours, no party, and indeed
no- citizen, is free of responsibility or likely to be untouched
by blame. As the sovereign people of a free nation we are all
responsible, and the hand of pardon which President Ford offered
to Richard Nixon was in fact a hand of healing for us all.
I for one believe that we should take advantage of the
opportunity which President Ford's simple courage has provided
for us. As a nation we shall face many important choices in
the years ahead, choices which may well determine the fate of
free government for ages to come. Let this campaign be conducted
with a view to such decisions. The indomitable personal ambition
which would seek to exploit the troubles of the past to gain
its object, even at the expense of the nation's calm judgement
and peace of mind; such ambition is precisely what produced
those troubles, and precisely what we need most of all to put
behind us.
Alan L. Keyes
Cambridge, Mass.
FORD is LIBRARY
July 19, 1976
Editor
Voice for the Defense
Texas Criminal Defense Lawyers Association
Shite 1632, American Bank Tower
Austin, Texas 78701
My attention has been called to an
article appearing in the July, 1976 issue of
"Voice for the Defense," written by Joel W.
Westbrook and Jay Lawrence Westbrook, neither
of whom I know. My reaction to the article
is that the subject was not only sloppily
researched but appears to have been written for
the purpose of presenting a slanted submission
of the issue, as I shall show in my comments
below. Before doing so, I should add that the
authors did not extend to me the courtesy of an
interview on their article. Nor did you give me
an opportunity to respond, which is rather unusual
in view of the nature of the criticism. My initial
reaction was to ignore this petty effort to distort
history--then I thought of the many friends I have
in your Association I greatly respect and admire
and it is to them that I address this reply.
In December, following my decision in
October that the Nixon pardon was constitutionally
within the power of the President to exercise, the
United States Supreme Court, in the Schick case
(95 SCCt. 379), stated that any limitation on the
power. to pardon must be found in the Constitution.
If the authors of the article had been interested
in what the Constitution said and had consulted its
provisions, they would have found that there is no
such limitation. How strange that the authors did
not allude to this pronouncement in their article!
Are they ignorant of it, or did they decide to shun
it?
If they were aware of the Schick case,
one is caused to wonder why the authors would quote
the Time magazine excerpt in which I said "The
GERALD FORD LIBRARY
2.
pardoning power has no limitations whatsoever.",
then fail to quote the subsequent Supreme Court
pronouncement to the same effect.
My successor, Henry Ruth, who went into
this issue independently (I resigned shortly after
the pardon), publicly took precisely the same posi-
tion as had I. He served for a full year after my
resignation, and Charles Ruff, a professor at
Georgetown University and Ruth's successor, also has
followed Ruth's and my position. Either of them was
at liberty to attack the pardon--yet this biased
-
article has it appear as if I--and I alone--could
have questioned the pardon. Instead of commenting
on this unanimous succession of views, your fair-
minded authors ignored them and chose to refer to
the comments of a controversial former Assistant
District Attorney, who was dismissed from office.
Although not necessary, I should add
that the intent of the Special Prosecutor's Charter--
of which the authors make so much--is. better known to
me than to these outsiders. I participated in its
drafting and at no time was there the slightest intent
to deprive the President of the pardoning power. Had
an effort been made to exercise such an intent, it
would have been of no value, as is so clearly shown
by United States Supreme Court interpretation in the
Schick case.
I request that this letter be published in
your next issue and given the same prominence as the
article you published. It has been my experience
that in instances of criticisms of this nature,
editors afford the adverse party an opportunity to
comment or reply. I wonder why you did not do so in
this instance. I wonder, also, how this article
eventually found its way in your columms--almost two
years after the fact.
Yours truly,
Leon Jaworski
cc: Hon. Fred Erisman
Hon. Richard Haynes
Hon. Fred A. Semaan
Hon. Clyde Woody
:
FORD
Hon. Phil Burleson
Hon. C. Anthony Friloux, Jr.
GERALD
LIBRARY
The
Agreeing with the concept ex-
Precisely what was in issue in
pressed by the Kansas Supreme
Garland was the right of Garland,
Court in Jamison v. Flanner, 228
a former Confederate senator, and
Invalid
Pac. 82 (1924), we do not here
a former member of the Bar of the
inquire into President Ford's
Supreme Court of the United
motives, but we do believe his
States, to resume his practice in
Nixon
authority to grant this particular
the Supreme Court without first
pardon can be judicially ques-
taking an oath (required by the
tioned, and we do believe that a
Congressional Act of July 2, 1862,
Pardon:
full and complete judicial inquiry
as supplemented by the Act of
would result in invalidation of the
January 24, 1865) that, inter alia,
1. "Watergate
pardon of former President Nixon.
he had not exercised the functions
We believe that President Ford
of any office under any authority
Regulation"
lacked authority to grant this par-
hostile to the United States-an
ticular pardon because of the in-
oath that obviously he could not
and
hibitions of the special "Watergate
honestly subscribe.
Regulation".
In July of 1865 the Petitioner had
Aside from this want of author-
been pardoned by President An-
II. Rex Non
ity, we believe the pardon is void
drew Johnson "for all offenses by
because it does not specify the of-
him committed, arising from par-
Concessit
fenses pardoned, and it is, there-
ticipation, direct or implied, in the
fore, a general pardon, intolerable
said Rebellion", subject to certain
By
to American and English law, and,
conditions attached to the pardon,
furthermore, it was never legally
which was accepted by the Peti-
Joel W. Westbrook
"accepted" by ex-President Nixon.
tioner Garland in writing.
Jay Lawrence Westbrook
The Supreme Court, speaking
Dictum of Ex Parte Garland
through Mr. Juctice Field, held
Those who contend that the
that Garland could practice before
"I find no basis for attacking the
President enjoys virtually un-
it without taking the oath pre-
pardon legally
[A] Chal-
limited discretion with respect to
scribed by the Act of July 2, 1862,
lenge would
become a farce.
pardons under the constitutional
as supplemented by the Act of
provision of Article II, Section 2,
January 24, 1865.
The pardoning power has no
Clause 1* are believed to rely prin-
The Court rested its decision
Mondale's,view
is challenged
BOSTON Globe
Ford 7/20/76
defends
F/NRINS
pardon
Ford said the prosecutor
Ford estimated that he
would look into any crimes
has 1103 delegates in say-
by the President, Vice
ing he was confident of a
President, key Adminis-
st-ballot victory. Later
By Rachelle Patterson
tration officials, members
in
the day, however, he
Globe Washington Bureau
of Congress and the Judic-
met with the New Jersey
iary.
GOP delegation to make
WASHINGTON - Pre ident
Under the congressional
ain there were no de-
Ford yesterday defended his pardon
version, the prosecutor
fections to Ronald Reagan.
of former President Nixon and said
would be appointed
by
the
He
is expected to meet
he would "do it again" because it
attorney general or, if the
eral other delegations
was "in the national interest."
attorney general failed to
this week at the White
At the time the pardon was
act, by the US Cour of
House.
granted, Ford said, the United
Appeals, and would
han-
Ford talked during the
"serious economic prob-
le individual cases. Ford press conference about
of indicial party harmony after the
Boston Globe - 7-21-76
Mondale and the pardon
Walter Mondale has denounced
But a panel of judges in New York
President Ford's pardon of Richard
State has disbarred Mr. Nixon for com-
Nixon, Mr. Ford has defended it, and
mitting crimes in office. The only dis-
with that the issue should end. Mr.
senter agreed Nixon was a criminal
Nixon hurt this country, and Mr. Ford-
but said the disbarment was unneces-
was morally wrong and perhaps politi-
sary. because everyone knew what
cally motivated in setting him free
Nixon had done.
without even an admission of guilt.
The trial of Haldeman, Ehrlichman,
the
nest
six
elec-
The Washington Star
JOE L ALLBRITTON, Publisher
JAMES G. BELLOWS. Editor
SIDNEY EPSTEIN, Managing Editor
EDWIN M. YODER JR., Associate Editor
SATURDAY, JULY 24, 1976
Resurrecting the pardon issue
You can depend on it. President Ford's par-
Nixon would have availed himself of the protec-
don of President Nixon will become an issue, or
tions of the Fifth Amendment.
at any rate a consideration in the back of voters'
Mr. Ford seems to be saving for his memoirs
minds, in the forthcoming presidential cam-
a full explanation of the Nixon pardon. But two
paign - at least if Mr. Ford prevails at Kansas
considerations must have figured in the deci-
City.
sion. The first was that a long trial of Mr. Nixon
Whether it becomes more than a mere consid-
would absorb public attention throughout much
the the
... ....
GOP Race: Comment
C-7
Lisagor agreed with Eileen Shanahan of the New York Times,
that it is curious that President Ford was still "prospecting"
for delegates when the Ford committee was claiming such confi-
dence. He added that there was some desperation in both camps,
but that, ultimately, he felt the President would go into the
convention with sufficient delegates to win. Wash. Wk. Review,
Ag. &Co. -- (7/25/76)
Demo Campaign: Comment
Is Mondale Taking the Low Road?
(Editorial, excerpted, Detroit News)
Did Jimmy Carter pick Sen. Walter Mondale to do his dirty
work for him? Accepting the role of low-road campaigner on the
Democratic ticket, Mondale has within one week revived the issue
of the Nixon pardon and called President Ford "not quite bright
enough to be a good president."
Since the American voter has a very sharp sense of fair
play, smart politicians scrupulously avoid personal attacks on
their opponents. Sen. Mondale's attack on Mr. Ford's intelligence
raises a question about Mondale's own brightness or his ethical
sense.
First, the suggestion that Richard Nixon escaped punishment
through Mr. Ford's pardon shows a total lack of understanding of
the humiliation and tragedy of the former President. No president
in American history ever paid so heavily for misconduct in office.
To punish him further would have been to stab a political corpse.
Second, President Ford recognized that if the nightmarish
struggle over Richard Nixon were allowed to continue, it would
prevent the nation from directing its attention to neglected af-
fairs and constructive work. He acted courageously to end the
hatred, vindictiveness and turmoil that was consuming this country.
Third, there's something just a trifle hypocritical and
contradictory about a political ticket that spouts brotherly love
and national unity while trying to revive the bitterness and di-
vision of the Watergate era.
We find it hard to believe that the American people want to
slog back into that quagmire. Certainly there is no dearth of other
and more legitimate issues. If Jimmy Carter is the born-again
Christian he claims to be -- and the smart politician -- he will
use his influence to moderate the campaign rhetoric of his running
mate. -- (7/21/76)
FORD is 07V830 LIBRARY
Washington Post
Sunday, February 1, 1976
Origin of Pardon Idea in Questio
earlier
president al
By Walter Pincus
President Ford, during his
statements on Watergate were
Washington Pcst Stat! writer
Judiciary panel testimony,
false-would
be
recalled that Haig, in the
J. Fred Buzhardt, President
"devastating" and have what
Nixon's White House counsel,
Aug. 1, pre-resignation
the former White House
says neither he nor the White
meeting, "wanted my at-
counsel described as a
House staff originated and
titude on the options of
terminal' effect.
then proposed to Nixon the
resignation," including the
one that involved a Ford
At the meeting with Haig
idea that he be pardoned by
bis successor after resigning
pardon for Nixon.
when he decided to send the
tape transcript to Congress,
Buzhardt's recollection
Asked about that Ford
Nixon authorized his staff
disagrees with President
testimony, Buzhardt said, "I
chief, in Buzhardt's words, "to
Ford's recounting of events to
don't know if Al (Haig) was
bring the Vice President up to
a House Judiciary sub-
rattling off every idea, every
date:
committee on Oct. 17, 1974.
possibility. I would assume
Buzhardt said he met with
that he would have discussed
Haig just prior lo the latter's
The President testified that
with President Nixon this
session with then-Vice
Aug. 1. 1974, a week before
matter before going to the
President Ford. At that
Nixon resigned, White House
Vice President because it was
J. FRED BUZHARDT
meeting, Buzhardt and Haig
staff chief Alexander M. Haig,
my observation that he just
early discussions
discussed the potential Capitol
Jr. told him "a pardon to the
didn't make decisions on his
Hill reaction to the tapes,
and Buzhardt's
Page
The New York Times
1/29/76
Date
RICHARDSON WARY
Asked what he thought had
Plans to Make Speeches
caused the Nixon Administra-
tion its problems. Mr. Richard-
He did say that he would
son pointed to "a compound
be making speeches in Massa-
ON NIXON PARDON
of at least three things."
chusetts and New Hampshire
"One," he said, "is traceable
in February and would probab-
to flaws in Nixon's own charac-
ly make some other "incidental
ter," particularly his inclina-
appearances," but added that
tion "to be suspicious of his
he did not expect to do "any
He Approved Ex-President's
opponents and to cast them
sustained campaigning."
as enemies, together with his
Questioned about a proposal
Not Going to Prison, but
"secretiveness and manipula-
by Jimmy Carter, the former
tiveness."
Georgia Governor who is a
Criticizes Procedures
Mr. Richardson said that a
Democratic Presidential aspir-
second element was "the ag-
ant, that the Attorney General's
grandizement of the Presiden-
post be made independent of
By ROBERT M. SMITH
cy, a culmination of long-deve-
the Administration, Mr. Rich-
Special to The New York Times
lopming trends."
ardson said that he thought
that was unwise. The Attorney
WASHINGTON, Jan. 28-E1-
'Went Over the Edge'
General's office "should be sub-
liot L. Richardson, who 1c-
"The strong Presidency
ject to the same policy proces-
signed as Attorney General
quires manipulative trends in
ses as other departments," he
rather than obey President Nix-
dealing with Congress and the
said.
on's order to discharge Special
press," he added. "The Nixon
Prosecutor Archibald Cox, said
White House pushed it furthe
and went over the edge."
today that he did not believe
He said that the third com-
that Mr. Nixon should have
ponent was the employment
of
A-2 Page The Washinaton Post 2-1-76 Date
Origin of Pardon Idea in
By Walter Pincus
President Ford, during his
Washington Post Statf Writer
Judiciary panel testimony,
J. Fred Buzhardt, President
recalled that Haig, in the
Question
Nixon's White House counsel,
Aug. 1, pre-resignation
says neither he nor the White
meeting, "wanted. my at-
situations where no criminal
According to Mr. Ford's
House staff originated and
titude on the options of
indictment had yet been
House subcommittee
then proposed to Nixon the
resignation." including the
returned.
testimony, one pardon option
idea that he be pardoned by
one that involved a Ford
According to Buzhardt,
presented by Haig was similar
his successor after resigning.
pardon for Nixon.
,Nixon took his suggested
to Buzhardt's July 24
Buzhardt's recollection
Asked about that Ford
course under advisement
suggestion: "pardoning
disagrees with President
testimony, Buzhardt said, "I
though he and the staff
various Watergate defen-
Ford's recounting of events to
don't know if Al (Haig) was
recognized it was "drastic."
dants, then himself, followed
a House Judiciary sub-
rattling off every idea. every
In the week following the
by resignation."
committee on Oct. 17. 1974.
possibility. I would assume
"The question of whether
court decision, while the
The President testified that
that he would have discussed
the President could pardon
House Judiciary Committee
Aug. 1, 1974, a week before
with President Nixon this
himself," Mr. Ford testified,
held its public hearings and
Nixon resigned. White House
matter before going to the
was also discuss d. Haig said,
voted three articles of im-
Vice President because it was
according to the Ford
staff chief Alexander M. Haig,
peachment, the White House
Jr told him "a pardon to the
my observation that he just
statement, "it was his un-
was turning over to Sirica the
President. himseif. should he
didn't make decisions on his
derstanding from a White
first group of
Mr. Buchen
White House.
August 16, 1976
Mr. John B. Oakes
Editorial Page
New York Times
229 West 43rd Street
New York, New York 10036
Dear John,
You may not remember me from NATO visits. However, I
remember you and am taking the liberty of passing along the
attached in reaction to Ehrlichman's piece in the Times of
August 16.
Try as he will to make something bizarre or sinister or foolish
out of President Ford's pardon action, Ehrlichman is simply
ineffective when compared with the sound and reasonable position
taken by the President. Ehrlichman's career before, during
and after the former Administration leaves ample room for doubt
as to both his motivation and his credibility. President Ford's
does not.
Yours sincerely,
Robert B. E. Button
REB/mpk
Att:
CC!! President Ford
Pen
THE WHITE HOUSE
WASHINGTON
September 27, 1974
Dear Colonel Button:
Thank you for your comments concerning the
pardon of former President Nixon. I appre-
ciate receiving your views.
This was not an easy decision to reach, as I
am sure you are aware. Before making it, I
undertook a thorough examination of the entire
matter. This included my right to grant par-
dons under the Constitution, the legal actions
contemplated by the Special Prosecutor, the
probable duration of the criminal proceedings
and a number of other factors. Throughout
this evaluation process, my main concern was
to heal the wounds to the Nation. That was
the top priority. I know there are deep and
genuine differences among good people over
the decision I made. But I felt then, and I
feel now, that I made the right decision in
an honest, conscientious effort to end the
divisions in this country.
I am grateful that you support my decision
and I appreciate your taking the time to let
me know about it.
Sincerely,
Gerall R. 3rd
Colonel Robert E. Button, USAR, Ret.
Seven Sylvan Lane
Old Greenwich, Connecticut 06870
Michilo
(women)
Wednesday 10/16/74
Dr.
4:25 Dr. Nichols called from Chicago.
She said when the President takes his oath, he might say something
like this: At your gracious and conscientious request, I am
grateful to come before you concerning this situation and on September 8
(Sunday) the pronouncement of the President's pardon in reference to the
former President and I am again taking the oath of office of these
United States and I did so with my hand placed on the Bible and on
August 9 (Friday) I placed my right hand on the Bible while taking the
oath of office of the Presidency of the U.S.A. and so today with your
permission let us open that book that we may read together from the
Bible. This time of year we have just passed Yom Kippur of the
Jewish faith at completion of reading of the laws of Moses and now in
reference to the book of B/ Genesis, having completed the reading,
Deuteronomy and now are beginning again with the book of Genesis so
as Christians and Jews and those of all faiths under God let us
read and enlighten ourselves with Genesis I, Book 1, verse 1-9.
And now let us turn to Hebrews in the Bible and read Chapter 12 and 13
(full chapters) and those atwo chapters that mention the specifics
with reference to the difficulties of Mr. Nixon and the correction of
the pardon and grace under God which also mentions about leaders of
countries. If you would read the book of Hebarews therefore
since we are surrounding time so great a cloud of witnesses let us lay
aside every weight and sin that clings so closely and let us with
preservante- preservlance the ?? race? ? that is set looking to
Jesus, the pioneer and protector of our faith. Who have the joy that
was set for him endured the cross, despising the eres- shame and
is seated on the right hand of the throne of God.
Chapter 13, which mentions about leaders and following leaders and where
the specifics are in the law and the faith and with grace.
Nixon did in the last sentence of his last speech from the White House -- said 11(
Grace be with Hola each of you. " So this mentions and brings out about
the leaders and about grace and in the last word "Grace be with yll of you.
Amen."
FORD is LIBRARY
Pardon
October 24, 1974
Dear Congressman Steiger:
Your letter of September thirteenth, to Max Friedersdorf, enclosing
a letter from your constituent has been referred to me for further
response.
The case of the former President grossly divided our nation.
Further, it has diverted our attention from the search for effective
solutions to many complex problems which we face today. President
Ford acted out of an overriding concern in an effort to bring this
country together so that we might deal more effectively with these
problems.
The pardon was granted pursuant to the President's power under
Article II, Section 2, Clause 1 of the Constitution. Further, while
it is the Counsel's policy not to disclose any memorandum prepared
for the President, I can state that a pre-indictment pardon has been
given in the past. The pardon which I refer to was discussed in
Burdick V. United States, 236 U. S. 79 (1915).
The other matters raised by your constituent cannot be answered by
me because they are legislative in nature.
I hope this response assists you in replying to this inquiry.
Most sincerely yours,
Philip W. Buchen
Counsel to the President
The Honorable Sam Steiger
House of Representatives
Washington, D. C. 20515
PWB:JF:em
FORD i 078880 LIBRA
October 7 1974
Dear Ban.
This will receipt and thank
you for your September 13 letter 9a behalf
of your constituent was has raised saveral
questions vita respect to the granting of
$ pardon to the former President.
1 will be pleased to ass that this letter
be reviewed and information sent that will
be helpful to you is responding to your
quastituent.
with kindest regards,
Sincerely,
1s/max
Hax 1. Priodersierf
Deputy Assistant
to the President
Yas Nonorable Ean Steicar
Scooe of Repronentatives
Washington, D.S. 20315
bcc: w/incoming to Philip Buchen for DIRECT REPLY please.
LIDRA GERALD s FORD
SAM STEIGER
COMMITTEES:
1 3RD DISTRICT, ARIZONA
INTERIOR AND INSULAR AFFAIRS
GOVERNMENT OPERATIONS
126 CANNON BUILDING
WASHINGTON,,D.C 20515
Congress of the United States
DISTRICT OFFICE:
202-225-4576
5015 FEDERAL BUILDING
PHOENIX, ARIZONA 85025
house of Representatives
602-261-4041
Washington, D.C. 20515
SEP 1 4 1974
September 13, 1974
Mr. Max L. Friedersdorf
Deputy Assistant to the President
for Legislative Affairs
The White House
Washington, D.C. 20500
Dear Max:
I have had a request from a constituent (letter
attached) asking that I obtain a reply to several
questions from President Ford.
Any help you could give me on this would be greatly
appreciated.
Warm regards.
Sincerely,
Sour SAM STEIGER, M.C.
SS:bd
encl
LIBRARY GERALD FORD
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
SEP131974
I
Dear MR CONGRESS MAN,
AFTeR HeARING OF PRESIDENT FORD'S
Decision TO PARDON PRESIDENT NIXON, I FeLT
so DISGUSTED THAT I FeLT A LeTteR TO you
MIGHT ANSWER some OF THe QUESTIONS THAT
THIS "EXECUTIVE PARDON" RAISES.
ARTICLE II, SECTION II OF THe U.S. CONSTITUTION
APPEARS TO PROTECT + DeFeND PRESIDENT FORD 's
GRANT TO THe FORMER PRESIDENT, However IT seems
THAT THIS GRANT is ALITTLE PRE MATURE. MR, NIXON
HAS Never Been CALLED UPON INA COUNT OF LAW
to. Give HIS Testimony ,N.N.EGAROS to WATERGATE.
yet Here IS THe PResl DeNT OF THe UNITED STATES
HANDING A FULL PARDON FOR WHATeven THe FORMER
PRESIDENTMIGHT HAVE Done. ICOULD UNDERSTAND
a PARDON AFTER MR. NIXON GAVE AFULL DISCLOSURE
IN COURT, BUT Before HAND PROJECTS THe IMPRESSION
THAT PRESIDENT FORD IS JUMPING TO A CONCLUSION. IS THIS
THEWAY OF JUSTICE? THe AMERICAN People Are
ENTITLED TO ALLOF THe FACTS ABOUT WATERGATE AND
THe SUFFERINGWHICH WAS BROUGHT ON By IT, yet IT
seems THAT WITH ARTICLEII, Sect. II OF THe CONSTITUTION
TUCKEDIN HIS BACK POCKET, PRESIDENT FORD HAS DecideD
FOR ALL OF HIS COUNTRY men THAT we WILL NOT Henr
THe FACTS. IF PRESIDENT FORD IS TRYING TO "Helol The
WOUND'S UFWATERGATE", IT ismy OPINION THAT He
IS FAILING MISEARCA BLY.
II
IS PRESIDENT FORD'S PARDON to MR. NIXON A
LeGAL PReCeDeNT WHICH CAN Be usep TO PROTECT
FUTURE PRESIDENTS, PUBLIC SeRVANTS, + ORDINARY,
EVERYDAY IGNORED CITIZENS? IT BeTTeR Bell
BYGOD, IFIT'S GOOD enouch FOR RICHARD NIXONX
ALLOF THe CRIMES He SUPPOSEDLY COMMITTED, THeN
II BeTTeR Be GOOD ENOUGH FOR ALL people!
JUST THINK OF How ALL OF THE SMART LAWYERS
INTHIS COUNTRY WILL TRY TO USE "UNITED STATES
OF AMERICA VS. RICHARD NIXON "TO THeir CLIENT'S
ADVANTAGE. DON'T LAUGH, IT WILL HAPPEN!
IGeT SICK AT THe THOUGHT OF PAYING MR. NIYON'S
SALARY AFTeR LEAVING HIS OFFICE UNDER A CLOUD
OF SUSPICION THAT He MIGHT HAVE VIOLATED THELAW
MAYBE I WOULDN'T MIND so MUCH IF PRESID eNT FORD
WOULD HAVE ACCOR peo Due process OF LAW TOMR.NIXON.
BUT NO, MR. NIXON PROBABLY DIDN'T WANT Due PROCESS,
AND THe PRESIDENT HAS PROTECTED HIM AND LeFT
THOSEOF US WHO PAY MR. NIXONS BeNeFITS HANGING
HIGH AND DRY.
PRESIDENT FORD WANTS HONESTY. TO PREVAIL
IN HIS ADMINISTRATION, He COULD START BY
Getting DOWN TO THe TRUTH IN WATERGATE.
PARDONING RICHARD NIXON + IGNORING OTHERS INVOLVED
IN. WATERGATE WILLHEAL No WOUNDS. ITWILL
R.,FORD
ONLY INFLICT NEW WOUNDS, INFLICTED BY THE
MOST Respected COUNTRY IN THe wonid,
III
TMR. CONGRESS MAN;
I AM HeReBY DIRECTING you AS MY ELECTED
Representative TO SeND me AWRITTEN Reply
FROM THe PRESIDENT OF THe UNITED STATES
TO THC FOLLOWING QUESTIONS: MR. PRESIDENT,
/- WHAT BASIS IS THeRe FOR PARDONING
FORMER PRes, DeNT RICHARD NIXON?
2, Do you MIND PAYING PART OF THe FORMER
PRESIDENT'S SALARY even THOUGH He MAYBE
A CRIMINAL?
3, CAN I EXPECT A. PRESID eNTIAL PARDON FOR
ANY BODY STANDING TRIAL FOR OBSTRUCTION OF JUSTICE?
4, Is THeReANY CONSTITUTIONAL POSSIBILITY OF
ChaLLeNGING THIS PARDON?
5. COULD LEGISTATION Be INITIATED Challengine
ormer)
PRESIDENT NIYON'S BeneFits+Pension?
a PROMPT RepLY WILL Be APPRECIATED.
SINCERELY,
7000 W. BUTLERDR #42
FORD is LIBRARY
GieNDALC, A2 85301
Parden
Kayer
10/25/74
Janet
To: Jay This fut
From: Eva
Attached is the background
for possible reply to
Miss Kaye's letter of 9/27.
Looks like it's been taken
care of -- but wanted you
to see if you feel the answer
is to your complete satisfaction
without further response.
FORD is LIBRARY
5.
3533 W. Place, N.W.
Washington, D.C. 20007
s/d
September 27, 1974
Philip W. Buchen
Counsel to the President
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C.
Dear Sir:
On September 11th, 1974 I wrote to you requesting a copy
of any memoranda recently received by President Ford on his
power to grant the pardon of Richard M. Nixon. I realize
that you are overburdened, and that this request is hardly
top priority, and would be happy to follow any procedure that
you might suggest in order to obtain any memoranda recently
received by President Ford on his power to grant such pardons.
Sincerely yours,
janet Kaye
Janet Kaye
GERALO FORD LIBRARY
Supremeer 24, 1974
Dear Miss Kaye:
Thank you very much for your letter of September 11th
inquiring of certain memoranda relating to President
Ford's exercise of his power to grant pardoss. I
approciate your interest in this malter and I am
enclosing seme documents which might assist you.
However, as the President's counsel. I de not feel
It is appropriate is publish any memoranda which
reflect my counsel 10 the President. I do think
that you will be able to discover by your own
research much of the relevant law concerning
pardens.
Your interest is appreciated.
Most sincerely yours,
Philip W. Buchen
Counsel a the President
Miss Janet Kaye
3533 W. Place, N.W.
Washington, D.C. 20007
$
GERALD FORD
September 11, 1974
Philip W. Buchen
Counsel to the President
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C.
Dear Sir:
I am a third year law student interested in following
the current controversy surrounding the pardon of Richard
M. Nixon. Would it be possible for me to receive from you
a copy of any memoranda recently received by President Ford
on his power to grant such pardons?
Thank you.
Janet Kaye
3533 W. Place, N.W.
Washington, D.C. 20007
CERALO FORD LIBRARY
September 24, 1974
Dear Miss Kayes
Thank you very much for your letter of September 11th
inquiring of certain memoranda relating to President
Ford's exercise of his power to grant pardens. I
appreciate your interest in this matter and I am
enclosing some documents which might assist you.
However, as the President's counsel, I do not feel
it is appropriate to publish any memoranda which
reflect my counsel to the President. I do think
that you will be able to discover by your own
research much of the relevant law concerning
pardens.
Your interest is appreciated.
Most sincerely yours,
Philip W. Buchen
Counsel to the President
Miss Janet Kaye
3533 W. Place, N.W.
Washington, D.C. 20007
FORU - 07V330 LIBRARY
September 24, 1974
Dear Miss Kaye:
Thank you very much for your letter of September 11th
inquiring of certain memoranda relating to President
Ford's exercise of his power to grant pardens. I
appreciate your interest in this matter and I am
enclosing some documents which might assist you.
However, as the President's counsel. I de not feel
it is appropriate to publish any memoranda which
reflect my counsel to the President. I do think
that you will be able to discover by your own
research much of the relevant law concerning
pardens.
Your interest is approciated.
Mest sincerely yours,
Philip W. Buchen
Counsel to the President
Miss Janet Kaye
3533 W. Place, N. W.
Washington, D.C. 20007
GERALD ? FORD
Pardon
November 11, 1974
Dear Mr. Adams:
I have received your recent letter of October twenty-second,
concerning the legality of the pardon granted to former President
Nixon.
I have not seen Senate document 92-82 which states, according
to you, that the pardon is invalid in law and under the Constitution.
The President's power is sufficiently broad to allow the issuance
of a pre-indictment pardon. In 1914, President Woodrow Wilson
granted such a pardon to George Burdick, a newspaper reporter.
I might also point out that numerous Presidents have granted
pre-indictment pardons after armed conflicts. For example,
President Andrew Johnson in 1868, pardoned all persons who
may have committed treason against the United States during
the Civil War.
Most sincerely yours,
Philip W. Buchen
Counsel to the President
Mr. Richard W. Adams
Analytical Service Company
261 North Fullerton Avenue
Montclair, New Jersey 07042
PWB:JF:em
LIBRANT GERALD = FORD
Pardon
November 22, 1974
Dear Mr. Alsop:
Your appraisal in today's column of the vast differences
between the situation when President Truman took office
and that which existed August 9 of this year was, I thought,
most perceptive.
Another significant difference, for which President Ford
took two blows yesterday. was the condition of legislation
pending when he took office. Questionable provisions in
both the Freedom of Information Act amendments and the
Vocational Rehabilitation Act had evolved earlier and had
become virtually unchangeable because of the failure in
the prior Administration to influence the development of
bills at the Committee and Subcommittee levels.
I am an interested and regular reader of yours, and I will
be sorry to see your regular column vanish at the end of
this year.
Sincerely yours,
Philip W. Buchen
Counsel to the President
Mr. Joseph Alsop
2720 Dumbarton Avenue, N. w.
Washington, D. C.
PWBuchen:ed
FORD a LIBRARY
Pardon
October 9, 1974
Dear Mr. Boudin:
I have received your letter of September
twentyeighth.
The only materials available for distribution
are the enclosed copies of transcripts of two
press briefings, the copy of the agreement
covering the fermer President's papers and a
copy of the opinion of Attorney General Saxbe.
Thank you very much for your inquiry.
Sincerely yours,
Philip W. Buchen
Counsel to the President
Mr. Leonard B. Boudin
Rabinowitz, Boudin & Standard
30 East 42nd Street
New York, New York 10017
Enclosures
PWB:em
FORDO & GERALD LIBRARY
Bardon
THE WHITE HOUSE
WASHINGTON
January 7, 1975
Dear Congressman Young:
This is in further response to your letter of November eleventh,
to William Timmons, concerning the pardon granted to former
President Nixon.
On October 17, 1974, President Ford testified before the sub-
Committee on Criminal Justice of the House Committee on the
Judiciary. In his remarks that day he made clear that the pardon
was intended to benefit the American people. Its purpose was to
prevent further division among our citizens by reason of a delayed
prosecution and prolonged trial of the former President. Also, the
President hoped to focus our national attention on the pressing
problems which we faced at home and abroad. Therefore, in one
sense, the answer to your question is that President Ford had no
specific crime in mind when he pardoned Richard Nixon.
However, in another sense your question may be answered by
reviewing the list of charges which have been brought against the
former President's associates. It is probable that some or all of
these charges would constitute a list of specific crimes for which
the former President received Executive clemency.
Sincerely,
Philip W. Buchen
Counsel to the President
The Honorable Don Young
House of Representatives
Washington, D. C. 20515
CERALD FORD LIBRITY
99
of
bill'
November 15, 1974
Dear Don:
Thank you for your letter about
inquiries you have received from
your constituents regarding the
pardon of the former President.
I will ask for information which
will be helpful in replying to
your constituents.
With best wishes,
Sincerely,
William E. Timmons
Assistant to the President
The Honorable Don Young
House of Representatives
Washington, D.C. 20515
bcc w/inc. to Phil Buchen - For Further
Draft Reply, please
WET:EF:ld
CERALD R. FORD
WASHINGTON OFFICE
1210 LONGWORTH BUILDING
TELEPHONE 202/225-5765
INTERIOR AND INSULAR
Congress of the United States
DISTRICT OFFICES
AFFAIRS
115 U.S. FEDERAL BUILDING
MERCHANT MARINE AND
house of Representatives
ANCHORAGE. ALASKA 99501
FISHERIES
TELEPHONE 907/279-1587
Clashington, D.C. 20515
202 U.S. FEDERAL BUILDING
FAIRBANKS, ALASKA 99701
TELEPHONE 907/456-6949
November 11, 1974
Mr. William Timmons
Assistant to the President
The White House
Washington, D.C.
Dear Mr. Timmons:
I am writing in reference to a number
of letters I have received from my constituents
in regard to the pardon of Richard Nixon.
The question I am often asked is, "For
what specific crimes has the President pardoned
Mr. Nixon?".
Your consideration of this matter at your
earliest convenience will be greatly appreciated.
With best regards,
Sincerely,
Congressman for all Alaska
DY:pm
R.jay DON YOUNG
&
FORD
GERALD
LIBRARY
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
Pardon
THE WHITE HOUSE
WASHINGTON
February 28, 1975
Dear Mr. and Mrs. Baldwin:
Thank you very much for your kind and thoughtful
letter of February 13, 1975, in support of the
President's decision to grant a pardon to the former
President.
The White House has received approximately 250, 000
letters, mailgrams and telephone calls expressing
an opinion about the pardon. The ratio of those
against versus those in favor of the pardon decision
was two to one.
With appreciation,
Sincerely,
Counsel to the President
Mr. and Mrs. Philip C. Baldwin
933 Loma Vista Street
El Segundo, California 90245
BERALD R FORD LIBRARY
13 February 1975
Mr. Philip W. Buchen
Counsel to the President
The White House
Washington, D. C. 20500
Dear Mr. Buchen:
We are concerned with the fact that the news media constantly
makes reference to the pardon of President Nixon as though it were
the "mistake of the century" for President Ford. We cannot believe
that there are so many vindictive people in the country. After the
agony of "Watergate," the presidential pardon was a tremendous
relief to US as we did not want to see President Nixon prosecuted.
President Ford endeared himself to US by taking this action and we
wrote and told him so, as did many of our friends.
We were wondering if the public response to the pardon was tallied
and if we could be informed of the outcome --- if it would not be too
much trouble.
2-1 against 250 000
Thank you.
Sincerely,
Jean Baldwin
Mr. & Mrs. Philip C. Baldwin
933. Loma Vista Street
El Segundo, California 90245
GERALD FORD
of
Pardong
THE WHITE HOUSE
Presidential
WASHINGTON
November 4, 1975
Dear Professor Morris:
In behalf of the President, this is in response to your letter of
October 29, 1975, requesting copies of " the memorandum, or
other document, that was prepared for President Ford on the
President's constitutional and other legal powers to grant a
pardon to Mr. Nixon."
The materials which you seek consist of advice to the President
that is considered to be confidential in nature, and is covered by
the attorney-client privilege as well as the constitutional privilege
recognized by the Supreme Court in United States V. Nixon 418
U.S. 683 (1974). Accordingly, we are unable to comply with your
request at this time.
As you may recall, the President stated his reasons for granting
the pardon in his testimony last year before Congressman Hungate's
Subcommittee of the House Judiciary Committee. A transcript of
those hearings can be obtained directly from the Committee and
may be of assistance to you in this regard.
Sincerely,
Thily W. Buchen Philip W. Buchen
Counsel to the President
Professor Arval A. Morris
Condon Hall
University of Washington
Seattle, Washington 98195
FORD s LIBRARY 07V830
Bary, ReBL.
UNIVERSITY OF WASHINGTON
SEATTLE, WASHINGTON 98195
October 29, 1975
School of Law
Condon Hall
President Gerald Ford
The White House
1600 Pennsylvania Ave. N.E.
Washington, D.C. 20500
Dear President Ford:
My colleague Professor Arthur Bestor, a constitutional
historian, and I, a professor of constitutional law, are interested
in the memorandum, or other document, that was prepared for Presi-
dent Ford on the President's constitutional and other legal powers
to grant a pardon to Mr. Nixon. We cannot identify a place where
that memorandum or document has been published. We believe that
the matter in question was prepared by Mr. Buchen, although it
might well be that someone else did. In any event, we request
that at least one copy, preferably two copies, of the memorandum
or document be sent to us. We will, of course, bear the necessary
expenses of reproduction and mailing. We look forward to its
receipt.
Thanking you in advance for your kind consideration in this
matter, I am,
Yours cordially,
arval a.Morris
Arval A. Morris
Professor of Law
AAM/rc
CC: Professor Arthur Bestor
Dept. of History DP-20
ERALD ORD
Impon
Pardon
THE WHITE HOUSE
WASHINGTON
August 9, 1976
Dear Mr. Leib:
Thank you for your recent letter to President Ford concerning the
pardon power and former President Nixon. You suggest that a
President, who has resigned, cannot be indicted and tried for
offenses committed in office if he has not been impeached and
convicted first. If this were true, then as you suggest, the signi-
ficance of the pardon of the former President would be diminished.
Your conclusion is drawn from the text of Art. I, 83, cl. 7 of the
Constitution which says that a party convicted in an impeachment
shall "nevertheless be liable and subject to Indictment, Trial,
Judgment and Punishment, according to Law."
I cannot give you an official opinion on this question since many
questions relating to impeachment remain unsettled. It is worth
noting, however, that the constitutional provision you cite uses
the term "nevertheless. 11 There is respectable authority that the
clause does not mean that a person subject to impeachment may be
tried criminally only after completion of that process. United
States V. Isaacs, 493 F. 2d 1124 (7th Cir. 1974) cert. denied sub.
nom. United States V. Kerner, 417 U.S. 976 (1974). Instead, it is
said to permit criminal prosecution in spite of prior adjudication
by the Senate, i.e., to forestall a double jeopardy argument. See,
for example, the Commentaries on the Constitution of Mr. Justice
Story, Vol. I, ฿782.
The practical interpretation of the Constitution has been to the
same effect. During the life of the Republic impeachment proceedings
have been instituted only against a handful of officers of the United
States. In the same time presumably scores, if not hundreds, of
officers of the United States, including those resigned, have been
subject to criminal proceedings for offenses for which they could
have been impeached. Therefore, it is not clear that the former
FORD LIBRARY
- 2 -
President could not have been indicted following his resignation.
As you probably know, the Special Prosecutor was actively
considering his possible indictment at the time of the pardon.
We do appreciate your effort to be of assistance. Thank you
for your good wishes.
Sincerely,
Philip W. Buchen
Philip W. Buchen
Counsel to the President
Mr. Meyer W. Leib
Leib and Leib
Suite 106
24800 Northwestern Highway
Soughfield, Michigan 48075
FORD is 07VN39 LIBRARY
DEPUTY ASSISTANT ATTORNEY GENERAL
OFFICE OF LEGAL COUNSEL
Department of Justice
do in final
Mashington, D.C. 20530
30 JUL 1976
MEMORANDUM FOR THE HONORABLE KENNETH A. LAZARUS
Associate Counsel to the President
Re: Letter from Meyer Leib
Attached in response to your request is a self-
explanatory draft response to Meyer Leib concerning
the impeachment power.
An alternative, of course, would be merely to
thank him for his views.
Mary C. Lawton
Deputy Assistant Attorney General
Office of Legal Counsel
FORD 3 LIBRARY DENALO
DRAFT: OLC:7-29-76
Meyer W. Leib, Esquire
24800 Northwestern Highway
Southfield, Michigan 48075
Dear Mr. Leib:
Thank you for your recent letter to President Ford
concerning the pardon power and former President Nixon.
You suggest that a President, who has resigned, cannot
be indicted and tried for offenses committed in office if
he has not been impeached and convicted first. If this
were true, then as you suggest, the significance of the
pardon of the former President would be diminished.
Your conclusion is drawn from the text of Art. I,
$3, cl. 7 of the Constitution which says that a party
convicted in an impeachment shall "nevertheless be liable
and subject to Indictment, Trial, Judgment and Punishment,
according to Law."
I cannot give you an official opinion on this question
since many questions relating to impeachment remain un-
settled. It is worth noting, however, that the constitutional
CERALO FORD LIBRARY
2
provision you cite uses the term "nevertheless." There
is respectable authority that the clause does not mean
that a person subject to impeachment may be tried
criminally only after completion of that process. United
States V. Isaacs, 493 F.2d 1124 (7th Cir. 1974) cert.
denied sub. nom. United States V. Kerner, 417 U.S. 976
(1974). Instead, it is said to permit criminal prosecution
in spite of prior adjudication by the Senate, i.e., to fore-
stall a double jeopardy argument. See, for example, the
Commentaries on the Constitution of Mr. Justice Story,
Vol. I, §782.
The practical interpretation of the Constitution has
been to the same effect. During the life of the Republic
impeachment proceedings have been instituted only against
a handful of officers of the United States. In the same
time presumably scores, if not hundreds, of officers of the
United States, including those resigned, have been subject
to criminal proceedings for offenses for which they could
have been impeached. Therefore, it is not clear that the
GERALO FORD LIBRARY
3
former President could not have been indicted following
his resignation. As you probably know, the Special
Prosecutor was actively considering his possible indict-
ment at the time of the pardon.
We do appreciate your effort to be of assistance.
Thank you for your good wishes.
Sincerely,
Philip W. Buchen
Counsel to the President
FORD is LIBRARY
THE WHITE HOUSE OFFICE
REFERRAL
To: Leon Ulman
Date: 7/16/76
Office of Legal Counsel
Department of Justice
Washington, D. C.
ACTION REQUESTED
X Draft reply for: *
President's signature.
Undersigned's signature.
NOTE
Memorandum for use as enclosure to
reply.
Prompt action is essential.
Direct reply.
If more than 72 hours' delay is encountered,
Furnish information copy.
please telephone the undersigned immediately,
Code 1450.
Suitable acknowledgment or other
appropriate handling.
Furnish copy of reply, if any.
Basic correspondence should be returned when
draft reply, memorandum, or comment is re-
quested.
For your information.
For comment.
REMARKS:
* Please draft response to attached letter for Philip Buchen's signature.
Description:
x Letter:
Telegram: Other:
To: President Ford
From: Meyer Leib
Date: 7/6/76
Subject: impeachment charges
OFFICE OF LEGAL UI OUNSEL
JUL 22 3 48 I'M '76
RECEIVEID
By direction of the President:
Kenneth A. Lazarus
Associate Counsel to the President
(Copy to remain with correspondence)
GERALD FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
July 13, 1976
MEMORANDUM FOR:
KEN LAZARUS
FROM:
PHILIP BUCHEN T.
Before I answer the attached letter, can you
give me your thoughts as to whether the
argument made has any validity.
It seems to me that Leon Jaworski has spoken
on this issue. Also, I am sure there have
been cases where an officeholder covered by
the impeachment provision has been success-
fully charged with a crime which occurred
during his term of office, even though he
may have resigned rather than face impeach-
ment.
Attachment
KU
GERALD
LIBRARY
LEIB AND LEIB
ATTORNEYS AND COUNSELORS
SUITE 106
SAMUEL W. LEIB
24800 NORTHWESTERN HIGHWAY
MEYER W. LEIB
JEFFREY M. LEIB
SOUTHFIELD, MIC HIGAN 18075
SHELDON G. LARKY
(313) 352-1100
July 6, 1976
Hon. Gerald R. Ford
The White House
Washington, D.C. 20000
Dear Mr. President:
Every civilized country recognizes and has therefore
provided for the pardoning power to be exercised as an act of
grace and humanity.
Without such a power of clemency, to be exercised by
some department or functionary of a government, a country would
be most imperfect and deficient in its political morality, and in
that attribute of Diety whose judgments are always tempered with
mercy.
Because you have been unjustly criticized by reason of
your pardon of former President Richard M. Nixon and because I
believe your action was just and proper, I have taken the liberty
of analyzing the United States Constitution and Amendments there-
to and have come to the legal conclusion that a President of the
United States, who was not removed from office by impeachment
proceedings, may not be charged with a crime alleged to have
occurred during his term of office.
I have reached this conclusion on the basis of the
following analysis.
Article I, Section 3(6) of the Constitution of the United
States provides as follows:
The Senate shall have the sole power to try all
impeachments. When sitting for that purpose,
they shall be on oath or affirmation. When
the President of the United States is tried,
the Chief Justice shall preside: And no
person shall be convicted without the concurrence
of two-thirds of the members present.
Article I, Section 3(7) of the Constitution of the
States provides as follows:
GERALD United LIBRARY
Hon. Gerald R. Ford
July 6, 1976
Page 2, continued
Judgment in Cases of Impeachment shall not
extend further than to removal from office,
and disqualification to hold and enjoy any
office of honor, trust or profit under the
United States but the Party convicted shall
nevertheless be liable and subject to Indict-
ment, Trial, Judgment and Punishment, according
to Law.
The Constitution of the United States is the Supreme
Law of the Land.
By virtue of the supremacy clause of the Federal Consti-
tution, statutes, whether enacted by the Congress of the United
States or by State Legislatures, which are in conflict with the
U.S. Constitution, are invalid.
I interpret Article I, Section 3(7) of the U. S. Consti-
tution to require as a condition precedent to Indictment, Trial,
Judgment and Punishment, according to Law that the Party must be
convicted by the U. S. Senate. Since President Nixon resigned
prior to a trial, by the Senate, no criminal action may be brought
against a President who voluntarily resigned from office.
Article II, Section 4 of the United States Constitution
provides as follows:
The President, Vice President and all civil
Officers of the United States, shall be re-
moved from office on Impeachment for, and con-
viction of Treason, Bribery, or other high
crimes and misdemeanors.
The above Article simply requires removal from office
on Impeachment for and conviction of Treason, Bribery or other
high crimes and misdemeanors by the U. S. Senate. No criminal
penalties are provided therein.
It is likewise, in my judgment, a condition precedent
to any anticipated subsequent proceedings that a President must
be tried and convicted by the U. S. Senate of the crimes of
Treason, Bribery or high crimes and misdemeanors.
It is my further opinion that where the U. S. Constitution
provides for no penalties other than removal from office, the
Congress of the United States may not enact legislation which pro-
vides for criminal penalties against a resigned President of the
United States.
BERALD FORD LIBRARY
Hon. Gerald R. Ford
ily 6, 1976
Page 3, continued
The above-mentioned Articles of the U. S. Constitution
are the only ones dealing with impeachment of a President.
I am firmly convinced that my analysis is correct and
I trust that it will be helpful to you in the days ahead.
You have my best wishes for continued success.
Very truly yours
Thyour ful
Meyer W. Leib
MWL:ph
FORD is LIBRARY 07V830
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
August 27, 1976
Time:
gib Parden
FOR ACTION:
CC (for information):
Phil Buchen
FROM THE STAFF SECRETARY
DUE: Date:
August 30, 1976
Time:
2 P.M.
SUBJECT:
Proposed letter to Mr. Alan L. Keyes
concerning letter regarding defense of the
Nixon pardon.
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
August 30, 1976
Approved.
T.W.B.
Philip W. Buchen
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
QERALD FORD LIBRARY
If you have any questions or if you anticipate a
delay in submitting the required material, please
Jim Connor
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
August 30, 1976
Dear Mr. Keyes:
Bob Goldwin passed along to me your eloquent
defense of the Nixon pardon, and I just want you
to know how deeply impressed I was by your
analysis of it. I felt at the time, and I continue
to feel certain that this decision was the right
decision. The issue continues to be discussed,
and that is why I especially appreciate your
willingness to write at length, and to seek
publication of your views supporting my
actions.
With my best wishes,
Mr. Alan L. Keyes
I-22 Winthrop House
Harvard University
Cambridge, Massachusetts 02138
FORD is LIBRARY 07V838
THE WHITE HOUSE
WASHINGTON
August 24, 1976
ADMINISTRATIVELY CONFIDENTIAL
MEMORANDUM FOR:
ANNE HIGGINS
FROM:
JIM CONNOR JEE
The attached letter was returned in the President's outbox
with the following notation:
"I've read and it is truly beautiful. Write
and thank him."
Please prepare an appropriate response and return to this
office for signature.
cc: Dick Cheney
FORD is LIBRARY
Nicon Cardon
THE WHITE HOUSE
WASHINGTON
September 3, 1976
Dear Mr. Collins:
At Jack Marsh's request, I am enclosing
copies of the President's proclamation
of September 8, 1974, along with his
accompanying message and a copy of his
statement made October 17, 1974, before
the Subcommittee on Criminal Justice of
the House Judiciary Committee.
With best wishes,
Sincerely,
Theyw Buden Philip W. Buchen
Counsel to the President
The Honorable James M. Collins
Room 5C48
1100 Commerce Street
Dallas, Texas 75202
Enclosures
FORD i LIBRARY 070830.
THE WHITE HOUSE
WASHINGTON
August 30, 1976
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
JACK MARSH from July
In reference to the attached letter Congressman Jim
Collins, I would greatly appreciate your office providing
me with some information for the Congressman concering the
President's pardon of former President Nixon.
Many thanks.
Attachment
GERAL
FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
September 1, 1976
Dear Jim:
Many thanks for your recent letter con-
cerning the inquiry from a constitute
pertaining to the pardon of former
President Nixon.
I have referred your letter to the
Counsel's Office with the request
that they communicate with you directly.
With kindest personal regards, I am
Sincerely,
Tub
John O. Marsh, Jr.
Counsellor to the President
The Honorable James M. Collins
House of Representatives
Washington, D. C. 20515
DERALO FORD LIBRARY
JAMÉS M. COLLINS
2419 RAYBURN HOUSE OFFICE BUILDING
WASHINGTON, D.C. 20515
THIRD DISTRICT, TEXAS
TELEPHONE: 225-4201
1100 COMMERCE STREET
COMMITTEE:
INTERSTATE AND FOREIGN
COMMERCE
Congress of the United States
ROOM 5C48
DALLAS, TEXAS 75202
TELEPHONE: 749-2453
house of Representatives
Clashington, D.C. 20515
August 26, 1976
Mr. John O. Marsh, Jr.
Counsellor to the President
for Legislative & Public Affairs
The White House
Office of Legislative Affairs
Washington, D. C. 20501
Dear Mr. Marsh:
I have recently received an inquiry from one of
my constituents regarding President Ford's pardon of
former President Richard Nixon.
I would appreciate a copy of any formal statement
which the President has issued on this subject. Please
forward this information to my Dallas office.
Best of luck to you,
James James M. Collins, m. Callens. M. C.
JMC: mlm
FORD & LIBRARY QERALD
Parder
THE WHITE HOUSE
WASHINGTON
October 28, 1976
Dear Mr. Cutler:
In behalf of the President, I acknowledge
your letter to him of October 20.
At the time President Ford acted to pardon
former President Nixon, the Special
Prosecutor had submitted a description of
various matters involving the former
President which were under investigation.
The pardon had the effect of applying to
any offenses committed during the period
from 1968 through August 9, 1974,
involving violations of federal law.
I hope this information is what you are
seeking.
Sincerely,
Philip
Counsel to the President
Mr. George V. Cutler
240 East 76th Street
New York, New York 10021
GERALD LIBRAR ? FORD
8
request info rermn
GEORGE V. CUTLER
240 EAST 76TH STREET
NEW YORK, NEW YORK 10021
c/s-d
October 20,1976
My dear President Ford.
Because the election is but two weeks
off I must seek your advice. I realize you have a very
heavy and busy schedule.
My problem besides being 78 years of age
that I was conceived as a REBUBLICAN and have always so
voted but right now I am on the fence. I will thank ton
to tell me the CRIMES Nixon committed for which you gave
gave him a pardon.
I was very interested to read in the
Sunday paper in San Franciso that on your whistle stop
you were rather confused as to which towns ans states
you were in. Those things are hard to remember.
Looking forward to your advice.
Sincerely
GERALD ? 80 FORD
Pardon
THE WHITE HOUSE
WASHINGTON
August 7, 1976
Dear Mr. Cooper:
Many thanks for your thoughtful letter of
July 25. We welcome your suggestions
concerning statements that the President may
make on the subject of his earlier pardon of
former President Nixon.
We shall keep your suggestions in mind for use
at an appropriate time and thank you very
much for your interest.
Sincerely yours,
Party W.Buchen
Philip W. Buchen
Counsel to the President
Mr. Robert S. Cooper
P. O. Box 3900 - GS
Springfield, Missouri 65804
FORD is 07V838 LIBRARY
P. 0. Box 3900 - GS.
Springfield, Missouri 65804
July 25, 1976
Mr. Philip W. Buchen
Counsel to the President
West Wing
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D. C. 20500
Dear Mr. Buchen:
For sometime I have intended to write to you as Counsel to President
Ford on matters which I believe to be of special concern in the com-
ing election. I am assuming that President Ford will receive the
nomination at the Republican Convention in Kansas City.
However, there is one issue that has received prominence in the press
in the last week, and which both the Democratic Presidential and Vice-
Presidential nominees have referred to although Mr. Carter says he
will not make a campaign issue of it. Senator Humphrey, at Madison
Square Garden referred to the matter in an oblique fashion. (See Time
Magazine, page 17, July 26, 1976. I quote Time verbatim:
"Hubert Humphrey, in the second night's most resounding old-style
oratory, drew sustained applause by assailing "these self-
appointed experts on law-and-order" who took crime "off the
street and put it in the White House."
This from a man who had to pay a deficiency in income taxes of $200,000,
one of whose principal aides received a jail sentence in connection
with campaign contributions, and he himself allegedly received $50,000
from Howard Hughes. Also this from a man who supported President
Johnson in sending 500,000 American troops to a no-win war in Vietnam
when that seemed expedient.
The issue with which I am concerned with is the pardon of former
President Nixon by President Ford. I have no question about President
Ford's decision - he did right.
However, I am concerned by the press treatment of the action and
President Ford's expressed rationale for his action, i.e.: "The
United States was faced with economic problems, we were still in-
volved in war in Southeast Asia, and it was done in the national
interest. I agree with those sentiments, but unfortunately the
perception of Democrats and many Independents is that President Ford
did what he did for political reasons. It would have been much better
from the standpoint of the Democrats to have had Mr. Nixon convicted,
sentenced to jail and then pardoned. Then they could accuse President
Ford of keeping Mr. Nixon out of jail, and it would have made a much
better campaign issue.
May I suggest a method for President Ford to permanently defuze this
issue. I do not think he would convert any Democrats, but be could
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LIBRARY
Mr. Philip W. Buchen
2.
Counsel to the President
change many Independents and some Republicans to his line of reasoning.
Immediately after President Ford is nominated, he should at a press
conference or other suitable forum bring up the issue in this manner:
My opponent and others in the Democratic party have questioned my
pardon of former President Nixon. I want to settle this question
once and for all in order that it will not be an issue in this
campaign. I do not retract one thing that I have said in the past
as my reason for issuing the pardon. However, I want to now firmly
state that there were other reasons for my action which I could not
express in September, 1974, because of the heavily super-charged
political atmosphere at the time.
"I am sure that any American interested in a sense of fair play
wants to see an individual receive a fair trial whether it is for
the crime of armed robbery ordwhether in the case of Mr. Nixon
there are allegations of obstruction of justice, conspiracy, etc.
"Bearing in mind these factors of fair play and equity, as a lawyer
I discussed with eminent cousel the legal ramifications of the
Nixon case in the light of public statements by the Special Pros-
ecutor, Mr. Leon Jaworski. I would remind you that Mr. Jaworski
was former president of the American Bar Association and that he
was a special counsel at the Nurenberg War Trials. He is thus a
man of unusual legal distinction. However, Mr. Jaworski is an
active Democrat, not a Republican. He was closely affiliated with
the late President Lyndon Johnson--as a matter of fact it was
Mr. Jaworski who engineered the change in Texas law whereby then
Senator Johnson could run both for reelection to the Senate in 1960
and also for Vice-President.
"So much for Mr. Jaworski's legal and political background. On
1974, Mr. Jaworski said that "Richard Nixon could
not get a fair trial anywhere in the United States for a year and
perhaps longer." Bearing in mind that the United States Judges in
Washington had refused to give a change of venue from Washington,
D. C. to other legal jurisdictions in the case of lesser Watergate
figures it is inconceivable that Mr. Nixon would have been tried
anywhere else than Washington. Bearing in mind the statement of
the Special Prosecutor as well as the fact that the Washington
juries were overhwlemingly Democratic, I decided on strong legal
and equitable grounds that justice would best be served by pardon-
ing Mr. Nixon. I mean no implied criticism of the Federal judiciary,
but I am satisfied that Mr. Jaworski was right.
"I would like to drop this matter now and will if it is not referred
to again by my opponent or his running mate, or by his campaign
staff. If, however, they do bring this up or if the press does in
an obvious attempt to embarras my campaign then I will have to
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LIBRARY
Mr. Philip W. Buchen
3
Counsel to the President
recite the illegal acts of the CIA, the FBI and the IRS in the Kennedy
and Johnson administrations with reference to illegal surveillance,
wiretapping, etc., with emphasis on plans of the CIA to kill foreign
political figures, etc. This would be extremely distasteful to me
but I would have no alternative.
"In closing I would remind you that it was Richard Nixon who brought
back 500,000 service men to the United States from Vietnam. Who was
responsible for putting them there?"
I know that Mr. Jaworski made the statement that Mr. Nixon could not
get a fair trial. You would have no difficulty finding the date from the
New York Times index.
I know the mood of the people in Missouri to which I retired last year
after 27 years with the National Office of Internal Revenue Servicein
Washington. In 1952, Eisenhower carried Missouri by about 20,000 votes;
he lost it by about the same margin to Stevenson in 1956. In 1960,
Nixon lost Missouri to Kennedy by less than 10,000 votes, and in 1968
he defeated Humphrey by about 20,000 votes.
If President Ford would comeout with a forthright statement similar in
substance if not words which I have set forth above, he could convert
many Independent Missourians to his side as well as many Republicans.
A headline on page 1 of the Springfield Sunday News & Leader today
read as follows:
"NIXON PARDON STILL HURTS FORD"
It is time that this feeling is turned around, and that the monkey is
placed on the back of the Democrats.
Very truly yours,
GoburD. Cooper
Robert S. Cooper
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