Fifty years after Nixon resigned, a key player is still angry about his pardon
A sombre US president addresses the nation from the Oval Office. Despite all he has achieved, he will relinquish power and pass the torch to his vice-president. It is clear that he is bowing to pressure from his own party and leaving against his will.
This was Joe Biden in 2024. It was also Richard Nixon in very different circumstances 50 years ago on Thursday. Disgraced by the Watergate break-in and cover-up, Nixon would claim an unwanted place in history as the first – and still only – person to resign the American presidency.
For Elizabeth Holtzman, who at the time was the youngest woman ever elected to Congress, it was a day of hope – an affirmation of America’s system of checks and balances holding Nixon to account for his role in the Watergate scandal. But her optimism did not last long. A month later, Nixon was granted a full pardon by his successor, Gerald Ford.
“The pardon was unpardonable,” Holtzman, who turns 83 this week, says by phone from her home in Brooklyn, New York. “The pardon created a double standard of justice: one for the high and mighty in this country and another for everybody else.”
Half a century later, she still suspects that Ford’s motives were less noble than are often portrayed and worries that he set a dangerous precedent for the likes of Donald Trump. But as she reflects on a long career as a trailblazer, Holtzman is optimistic about the potential for America to elect its first female president in November.
She was a 31-year-old Harvard Law School graduate when, in 1972, she beat a five-decade incumbent, Emanuel Celler, to win a Brooklyn, New York, seat in the House of Representatives. Foreshadowing Alexandria Ocasio-Cortez, Holtzman took to the streets and out-campaigned her better-known opponent, making her case to voters at every subway station in her district and queues outside cinemas showing The Godfather.
The summer of 1972 had also seen the arrest of five men in a bungled operation to bug and steal documents from the Democratic National Committee headquarters at the Watergate building in Washington – a dirty tricks scheme aimed at scuppering would-be challengers to Nixon in that year’s presidential election.
Nixon and his aides attempted to cover up the White House’s involvement in the break-in and obstructed the investigation by law enforcement agencies. Journalists Bob Woodward and Carl Bernstein of the Washington Post played a key role in uncovering the story with the help of a secret informant known as “Deep Throat” (later revealed to be the FBI associate director Mark Felt).
The Federal Bureau of Investigation (FBI), the Senate Watergate committee and a special prosecutor, Archibald Cox, also investigated the scandal. It emerged that Nixon had a secret taping system in the Oval Office that recorded conversations. In 1974, after a long legal battle, the US supreme court ordered Nixon to release the tapes that contained evidence he had been involved in the cover-up from the beginning.
Holtzman was one of the House judiciary committee members who recommended articles of impeachment against the president. She recalls: “The evidence was overwhelming. At some point I remember feeling as though I was in quicksand with no bottom, that we just kept hearing one fact of criminality, misconduct, abuse of power after another, and we just kept sinking further and further into that muck.”
The gravity of the moment was profound. This would be only the second impeachment of a president in American history, following that of Andrew Johnson in 1868. Holtzman, who five years ago published the book The Case for Impeaching Trump, reflects: “Nobody was happy on the Democratic side or Republican side in voting for the impeachment of Richard Nixon.
“It’s well known that the chair of the committee, Peter Rodino, a very liberal Democrat, went back to his office and cried after that first vote for impeachment. Nobody wanted to see it and I felt also very uncomfortable. It was a very difficult vote to cast.
“Not that I had any questions about Nixon’s guilt or whether he should be impeached. It was obvious that the impeachment clause was written almost with Nixon in mind by the framers of the constitution. But that wasn’t the point. The point is that he was my president and I didn’t want to see any US president involved in this kind of misconduct, this degree and level and horror of abuse of power and criminality.”
She adds: “I didn’t want to see it and it was awful to see and it was a very sobering moment. Nobody took any pleasure. This was not a gotcha! moment for Democrats. That’s the difference between then and now. People took impeachment seriously.”
At first many Republicans had remained loyal to Nixon, denying that he was personally involved despite mounting evidence. But the “smoking gun tape” confirmed the allegation of the White House counsel, John Dean, that Nixon told aides to order the CIA to shut down the FBI investigation into the burglary.
Holtzman adds: “That was a key part of the cover-up. The Republicans could no longer argue that there was no evidence that Nixon was oblivious to what was going on. Nixon was ordering the cover-up almost from day one.
“At that point, all the what I call the ‘holdout Republicans’ said that they would support impeachment if it came to the House floor. In the end, the Republicans themselves were governed by the facts, although up to that point they would not accept anything less than a tape recording.”
Three Republican leaders went to the White House to warn Nixon that there were no longer enough Republican votes to spare him impeachment. The following night, as crowds outside the White House gates chanted “jail to the chief”, Nixon announced his resignation in a nationally televised speech from the Oval Office that focused on the accomplishments of his presidency and contained no admission of guilt.
On the morning of 9 August, a sweaty Nixon delivered an extemporaneous, grievance-filled speech to White House staff, some of whom broke down in tears. He said: “Always remember, others may hate you – but those who hate you don’t win unless you hate them, and then you destroy yourself.” The remark has been described by Woodward as “one of the most interesting and important moments in presidential history”.
But Holtzman was unmoved. “This was not a Shakespearean tragedy for me. This was a man who seriously abused his power, fought his political enemies. For a man to say treat your enemies well, he’d stick the IRS on his political enemies to try to get them to have harassing audits. This is a man who wiretapped journalists he thought were leaking information.
“This is a man who went after Daniel Ellsberg [the defence analyst who leaked the secret history of the Vietnam war known as the Pentagon Papers] by approving a break-in into his psychiatrist’s office. He never acknowledged his guilt. He never showed remorse. Saying you shouldn’t do something, that’s very nice to preach to others, but what about practising what you preach? That we didn’t see and we never had any acknowledgment of his flaws ever.”
Nixon gave a final victory sign on the White House South Lawn before a helicopter spirited him away. On taking the oath of office as the 38th president, Ford remarked that America’s “long national nightmare is over”. Weeks later, he granted a full and unconditional pardon to Nixon. Bernstein exclaimed to Woodward: “You’re not gonna believe it. The son of a bitch pardoned the son of a bitch!”
Holtzman was incensed. At a hearing of the House judiciary committee, she questioned Ford about the pardon directly. The president insisted that a criminal indictment, trial and conviction would have diverted the attention of the White House, Congress and American people from the urgent problems they needed to solve at home and abroad.
Fifty years later, Holtzman is still convinced that Ford got it wrong. “We did something at the House judiciary committee to hold the president accountable and set forth the basis for his accountability on a bipartisan basis and in a process that the public would understand.
“Here you had a president who had said, ‘I’m not going to do anything right away’ but basically he acted within a month of the resignation, and where was the transparency? What were the grounds for this? Why would you do this? Let the system work.”
The criminal justice system should not have been tampered with, she continues. “The special prosecutor should have been allowed to examine all the evidence to determine whether on a criminal basis it was justified to bring charges to the grand jury, to let the grand jury make its determination to bring the prosecution, to bring a trial if that was warranted, to see whether there would be a conviction.
“To short-circuit the process was a gross political act and an abuse of power and raised the question which to this day has never been solved as to whether the pardon was part of a deal to get Nixon out of office to help the Republicans in the midterm elections. Do I know that was Ford’s motive? It could have been. It was obviously a potential motive for him.”
Trump, facing federal criminal charges over his role in the 6 January 2021 insurrection, has floated the idea of pardoning himself as well as his supporters who attacked police and stormed the US Capitol. Holtzman says: “The blatant use of the pardon power in a political way is wrong.
“It’s an abuse of power and shouldn’t happen, and a lot of thought has to be given to reforming how the pardon power is being used, because for Donald Trump to say that he’s going to pardon the people who attacked the Capitol on January 6 is beyond reprehensible.”
She also rejects that notion that a Democratic president should consider pardoning Trump. “Pardons don’t create national unity. There was no serious division among the American people about the Nixon impeachment. It was overwhelmingly approved by the American people.
“The idea that the country had to be brought together because Nixon was being removed from office is nonsense. The American people came together because they realised that more important than any president, whether Republican or Democrat, was preserving our constitution and the rule of law. We came together on that principle, not on the principle of a particular person.”
Ford went on to lose the 1976 election to the Democrat Jimmy Carter. “Ford was kicked out of office. He was not re-elected because of the pardon so how did that unify anybody? The pardon appeared to have been used to my mind as a blatant political means to get Nixon out of office.”
Holtzman spent eight years in Congress, leading efforts to bring Nazi war criminals living in America to justice, and went on to serve as Brooklyn district attorney. But she has suffered her share of setbacks, coming within a percentage point of being New York’s first female senator in 1980, losing a Senate primary election in 1992 and being defeated after one term as New York City comptroller in a banking-related scandal.
Her record as the youngest woman elected to Congress eventually fell in 2014 to a then 30-year-old Republican named Elise Stefanik. Two years ago Holtzman made an unsuccessful bid to return to the House in a newly drawn congressional district spanning parts of Brooklyn and Manhattan.
But Biden’s withdrawal from this year’s White House race in favor of Kamala Harris raises the prospect that she may see a woman occupy the Oval Office in her lifetime. She muses: “More and more women are holding more and more important offices in this country, and slowly but surely the American people are recognizing that women can do a great job and some women can do a terrible job, just the way men can do a great job and some men can do a terrible job.
“To exclude women from the presidency because they’re women is wrong, it’s bias, it’s depriving us of great talent. I feel very optimistic about Vice-President Harris’s campaign and about her possibility of success and it would be a great thing for this country. It’s another way that we could be a beacon in this world.”
