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August 28, 1974: Nixon Lawyer Argues for Pardon; ‘It’s a Done Deal’

1974-08-28

Leonard Garment.Leonard Garment. [Source: Spartacus Educational]Former President Nixon’s White House counsel, Leonard Garment, delivers a three-page handwritten memo to the White House outlining his arguments in favor of a pardon (see August 27, 1974). Garment writes that the time for a pardon is now, otherwise President Ford risks “losing control of the situation.” Calls for indictment will increase, Garment says, and “the whole miserable tragedy will be played out to God knows what ugly and wounding conclusion.” Once the initial negative reaction to a pardon blows over, Garment argues, Ford will be viewed as “strong and admirable.… There will be a national sigh of relief.” Garment also argues that Nixon well may not survive a prosecution because of his physical debilities and near-suicidal depression. Ford does not immediately see the memo, but his ad hoc chief of staff Alexander Haig does. Ford and Haig discuss the pardon in private, and though Ford will later write that Haig did not try to argue for a pardon, after the meeting Haig calls Garment to tell him, “It’s a done deal.” For his part, Ford doesn’t think the country wants to, in his words, “see an ex-president behind bars.” Nixon’s suffering is enormous, Ford believes: “His resignation was an implicit admission of guilt, and he could have to carry forever his burden of guilt.” Moreover, Ford worries that the nation is essentially overdosing on the political drama. Everyone has become “Watergate junkies,” as one of Ford’s military aides, Robert Barrett, tells him. “Some of us are mainlining, some of us are sniffing, some are lacing it with something else, but all of us are addicted,” Barrett says. “This will go on and on unless someone steps in and says that we, as a nation, must go cold turkey. Otherwise, we’ll die of an overdose.” [Werth, 2006, pp. 212-214]