THE WHITE HOUSE: The Pardon: Questions Persist

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Ford also admitted that he had misled the public during that period—although he managed to paint the prevarication white. The President recounted how he had learned from Haig on Aug. 1 about the presidential tape of June 23, 1972 that, under the Supreme Court's decision, was soon to go to Federal Judge John Sirica for use in the conspiracy trial of Nixon's former aides.

The tape was to force Nixon's resignation because it clearly demonstrated how he had tried to obstruct the investigation of Watergate. When he heard about the tape, said Ford, he was "stunned." For months he had been saying that the President was not guilty of any impeachable offense.

Despite his knowledge of the tape's contents, Ford continued to say that he believed in the President's innocence while making a three-day tour of Mississippi and Louisiana. Ford's rationalization: any change in his position might lead the press to conclude "that I wanted to see the President resign to avoid an impeachment vote in the House and probable conviction vote in the Senate."

Sudden Change. As Ford himself reminded the subcommittee, he declared at his first presidential press conference, held on Aug. 28, that he would make no decision on pardoning Nixon prior to some kind of legal conclusion. Why then did he issue the pardon on Sept. 8? Ford did not really explain his sudden change of heart, except to say that he had become increasingly worried that the prosecution of the former President would generate passions that "would seriously disrupt the healing of our country from the wounds of the past."

Why had Ford not insisted that Nixon confess his guilt before giving him his pardon? The President replied that he did not think it was proper for him to have made such a demand. But he also made it clear that he felt that Nixon had admitted guilt by the simple fact of accepting the pardon.

Some of the members of Congress were worried about what Ford's pardoning of Nixon did to the nation's standards of equality under the law. California's Don Edwards, a liberal Democrat, wondered how Ford would explain American justice to his students if he were a high school teacher in Watts or Harlem. Ford's reply was that Nixon was the only President to resign in shame and disgrace; that, he implied, was punishment enough. South Carolina's James R. Mann, a conservative Democrat, asked if Ford agreed with "the maxim that the law is no respecter of persons." Ford's reply: "Certainly it should be." The gentle, courtly Mann seemed about to follow up the question but hesitated and then said softly, "Thank you, Mr. President."