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The politics of pardoning Trump under renewed debate in run-up to Iowa caucuses

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Former U.S. President Donald Trump addresses supporters at Kirkwood Community College in Cedar Rapids, Iowa, on Dec. 2, 2023.JORDAN GALE/The New York Times News Service

With the Iowa caucuses two weeks in the future, an incendiary issue of the past is roiling American political waters.

Fifty years after Gerald Ford pardoned Richard Nixon for various Watergate-related crimes, the two leading Republican challengers to Donald Trump have said firmly in the past several days that, if elected president, they would pardon Mr. Trump for his involvement in the attempt to overturn the 2020 election and other charges.

Once again, the United States is debating the politics of presidential pardons.

Speaking in Elkader, Iowa, Governor Ron DeSantis of Florida said he would offer Mr. Trump a pardon. “I think we got to move on as a country and, you know, like Ford did to Nixon, because the divisions are just not in the country’s interest,” he said. Former governor Nikki Haley, speaking in Plymouth, N.H., said, “I would pardon Trump if he is found guilty.”

Mr. Trump faces 91 counts in four indictments, some for his alleged involvement in paying hush money to a porn star and others involving the events leading up to and including the riot at the Capitol on Jan. 6, 2021.

Article II, Section 2, Clause 1 of the U.S. Constitution provides the president with “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment.”

If he were elected again, Mr. Trump presumably could pardon himself for any federal crime.

The presidential reprieve and pardoning power does not extend to cases in state courts, however, and Mr. Trump faces special peril in a Georgia case with its 13 charges against the former president for seeking to overturn the election results there.

The 1974 pardon of Mr. Nixon, which occurred just short of a month after Mr. Nixon’s resignation sent Mr. Ford to the White House, is considered a major reason why he failed to be re-elected two years later.

Trump, Haley top GOP candidate list on eve of primary season

However, an unusually brisk example of historical revisionism led the country to recognize that Mr. Ford’s decision – shocking at the time, and brutally criticized – helped heal the country, which was riven by divisions over Watergate that often are compared with today’s polarization.

The remarks of the two leading challengers to Mr. Trump in Iowa, which holds its caucuses Jan. 15, and in New Hampshire, which holds its primary Jan. 23, are the clearest indications to date of their intentions if they win the White House. They, moreover, reflect a general Republican view that the prosecutions against the 45th president are politically motivated.

But nearly a quarter of Trump supporters believe that he should not be the Republican nominee if he is convicted, according to a New York Times/Siena College poll released late last month.

In that poll finding is a subtle nuance of potentially great significance.

Ms. Haley, who served as Mr. Trump’s ambassador to the United Nations, made it clear that her offer of pardon would come if he were convicted.

There is more ambiguity in the remarks of Mr. DeSantis, who is a Yale-educated lawyer and may have been parsing his words; his comments leave open the possibility that he could pardon before a trial, which is to say even if he is not convicted, much the way President Jimmy Carter pardoned Vietnam draft dodgers and President George H.W. Bush pardoned former defence secretary Caspar Weinberger.

That was the case with Mr. Ford’s pardon of Mr. Nixon. But that action shined light on a little-recognized but highly significant penumbra of the law: the concept that the acceptance of a pardon implicitly carries a recognition of guilt.

Before he died in 2015, Benton Becker, the envoy in pardon negotiations with Mr. Nixon, said that Mr. Ford took comfort in the 1915 Burdick v. United States case in which the Supreme Court ruled that a pardon carried an “imputation of guilt” and that the acceptance of such an offer was an “admission of guilt.” For nearly two decades after leaving the presidency, Mr. Ford carried in his wallet a wrinkled scrap of paper setting out the relevance of that court decision to Mr. Nixon’s acceptance of the pardon.

That was little solace to Mr. Ford in the short term; the Gallup poll at the time showed that 53 per cent of the public opposed the pardon. But as little as a dozen years later, sentiment had reversed itself dramatically, with 54 per cent of Americans telling Gallup survey takers that they approved of the pardon. In 2001, the John F. Kennedy Library Foundation presented its Profiles in Courage Award to Mr. Ford.

“I was absolutely convinced then as I am now,” Mr. Ford said in an unusual 1974 presidential appearance before a congressional committee, “that if we had had [an] indictment, a trial, a conviction, and anything else that transpired after this that the attention of the President, the Congress and the American people would have been diverted from the problems that we have to solve.”

In An Ordinary Man, the definitive Ford biography, published last year, presidential historian Richard Norton Smith said that time and intervening events served to “put the Nixon pardon in a fresh light, and validate Ford’s original rationale – his desire to refocus the nation’s attention on more pressing matters of state.”

That clearly is the formulation that Ms. Haley is applying to her pardon comments, which came in the same week that Mr. Trump pressed the argument, questioned by his opponents and many legal scholars, that he had “absolute immunity” for election-overturning actions he took while president because he was acquitted by the Senate in his second impeachment.

“A leader needs to think about what’s in the best interest of the country,” Ms. Haley said. “What’s in the best interest of the country is not to have an 80-year-old man sitting in jail that continues to divide our country. What’s in the best interest of our country would be to pardon him so that we can move on as a country and no longer talk about him.”

Speaking 157 kilometres away in Seabrook, N.H., former governor Chris Christie took issue with his two rivals, arguing that a Trump pardon would say that the country had “two systems of justice: One for all of us and one for the most powerful.”

He added: “If we allow that to happen as a country, we would be no better – no better – than a lot of these tin-pot democracies around the world who treat the privileged different than they treat everyday citizens.”

 

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Harris tells Black churchgoers that people must show compassion and respect in their lives

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STONECREST, Ga. (AP) — Kamala Harris told the congregation of a large Black church in suburban Atlanta on Sunday that people must show compassion and respect in their daily lives and do more than just “preach the values.”

The Democratic presidential nominee’s visit to New Birth Missionary Baptist Church in Stonecrest on her 60th birthday, marked by a song by the congregation, was part of a broad, nationwide campaign, known as “Souls to the Polls,” that encourages Black churchgoers to vote.

Pastor Jamal Bryant said the vice president was “an American hero, the voice of the future” and “our fearless leader.” He also used his sermon to welcome the idea of America electing a woman for the first time as president. “It takes a real man to support a real woman,” Bryant said.

“When Black women roll up their sleeves, then society has got to change,” the pastor said.

Harris told the parable of the Good Samaritan from the Gospel of Luke, about a man who was traveling from Jerusalem to Jericho and was attacked by robbers. The traveler was beaten and left bloodied, but helped by a stranger.

All faiths promote the idea of loving thy neighbor, Harris said, but far harder to achieve is truly loving a stranger as if that person were a neighbor.

“In this moment, across our nation, what we do see are some who try to deepen division among us, spread hate, sow fear and cause chaos,” Harris told the congregation. “The true measure of the strength of a leader is based on who you lift up.”

She was more somber than during her political rallies, stressing that real faith means defending humanity. She said the Samaritan parable reminds people that “it is not enough to preach the values of compassion and respect. We must live them.”

Harris ended by saying, “Weeping may endure for a night, but joy cometh in the morning,” as attendees applauded her.

Many in attendance wore pink to promote breast cancer awareness. Also on hand was Opal Lee, an activist in the movement to make Juneteenth a federally recognized holiday. Harris hugged her.

The vice president also has a midday stop at Divine Faith Ministries International in Jonesboro with singer Stevie Wonder, before taping an interview with the Rev. Al Sharpton that will air later Sunday on MSNBC. The schedule reflects her campaign’s push to treat every voting group like a swing state voter, trying to appeal to them all in a tightly contested election with early voting in progress.

Harris’ running mate, Minnesota Gov. Tim Walz, headed to church in Saginaw, Michigan, and his wife, Gwen, was going to a service in Las Vegas.

The “Souls to the Polls” effort launched last week and is led by the National Advisory Board of Black Faith Leaders, which is sending representatives across battleground states as early voting begins in the Nov. 5 election.

“My father used to say, a ‘voteless people is a powerless people’ and one of the most important steps we can take is that short step to the ballot box,” Martin Luther King III said Friday. “When Black voters are organized and engaged, we have the power to shift the trajectory of this nation.”

On Saturday, the vice president rallied supporters in Detroit with singer Lizzo before traveling to Atlanta to focus on abortion rights, highlighting the death of a Georgia mother amid the state’s restrictive abortion laws that took effect after the U.S. Supreme Court, with three justices nominated by Donald Trump, overturned Roe v. Wade.

And after her Sunday push, she will campaign with former U.S. Rep. Liz Cheney, R-Wyo., in the suburbs of Pennsylvania, Michigan, and Wisconsin.

“Donald Trump still refuses to take accountability, to take any accountability, for the pain and the suffering he has caused,” Harris said.

Harris is a Baptist whose husband, Doug Emhoff, is Jewish. She has said she’s inspired by the work of the Rev. Martin Luther King Jr., and influenced by the religious traditions of her mother’s native India as well as the Black Church. Harris sang in the choir as a child at Twenty Third Avenue Church of God in Oakland.

“Souls to the Polls” as an idea traces back to the Civil Rights Movement. The Rev. George Lee, a Black entrepreneur from Mississippi, was killed by white supremacists in 1955 after he helped nearly 100 Black residents register to vote in the town of Belzoni. The cemetery where Lee is buried has served as a polling place.

Black church congregations across the country have undertaken get-out-the-vote campaigns for years. In part to counteract voter suppression tactics that date back to the Jim Crow era, early voting in the Black community is stressed from pulpits nearly as much as it is by candidates.

In Georgia, early voting began on Tuesday, and more than 310,000 people voted on that day, more than doubling the first-day total in 2020. A record 5 million people voted in the 2020 presidential election in Georgia.

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This story has been corrected to reflect that the mobilization effort launched last week, not Oct. 20.

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NDP and B.C. Conservatives locked in tight battle after rain-drenched election day

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VANCOUVER – Predictions of a close election were holding true in British Columbia on Saturday, with early returns showing the New Democrats and the B.C. Conservatives locked in a tight battle.

Both NDP Leader David Eby and Conservative Leader John Rustad retained their seats, while Green Leader Sonia Furstenau lost to the NDP’s Grace Lore after switching ridings to Victoria-Beacon Hill.

However, the Greens retained their place in the legislature after Rob Botterell won in Saanich North and the Islands, previously occupied by party colleague Adam Olsen, who did not seek re-election.

It was a rain-drenched election day in much of the province.

Voters braved high winds and torrential downpours brought by an atmospheric river weather system that forced closures of several polling stations due to power outages.

Residents faced a choice for the next government that would have seemed unthinkable just a few months ago, between the incumbent New Democrats led by Eby and Rustad’s B.C. Conservatives, who received less than two per cent of the vote last election

Among the winners were the NDP’s Housing Minister Ravi Kahlon in Delta North and Attorney General Niki Sharma in Vancouver-Hastings, as well as the Conservatives Bruce Banman in Abbotsford South and Brent Chapman in Surrey South.

Chapman had been heavily criticized during the campaign for an old social media post that called Palestinian children “inbred” and “time bombs.”

Results came in quickly, as promised by Elections BC, with electronic vote tabulation being used provincewide for the first time.

The election authority expected the count would be “substantially complete” by 9 p.m., one hour after the close of polls.

Six new seats have been added since the last provincial election, and to win a majority, a party must secure 47 seats in the 93-seat legislature.

There had already been a big turnout before election day on Saturday, with more than a million advance votes cast, representing more than 28 per cent of valid voters and smashing the previous record for early polling.

The wild weather on election day was appropriate for such a tumultuous campaign.

Once considered a fringe player in provincial politics, the B.C. Conservatives stand on the brink of forming government or becoming the official Opposition.

Rustad’s unlikely rise came after he was thrown out of the Opposition, then known as the BC Liberals, joined the Conservatives as leader, and steered them to a level of popularity that led to the collapse of his old party, now called BC United — all in just two years.

Rustad shared a photo on social media Saturday showing himself smiling and walking with his wife at a voting station, with a message saying, “This is the first time Kim and I have voted for the Conservative Party of BC!”

Eby, who voted earlier in the week, posted a message on social media Saturday telling voters to “grab an umbrella and stay safe.”

Two voting sites in Cariboo-Chilcotin in the B.C. Interior and one in Maple Ridge in the Lower Mainland were closed due to power cuts, Elections BC said, while several sites in Kamloops, Langley and Port Moody, as well as on Hornby, Denman and Mayne islands, were temporarily shut but reopened by mid-afternoon.

Some former BC United MLAs running as Independents were defeated, with Karin Kirkpatrick, Dan Davies, Coralee Oakes and Tom Shypitka all losing to Conservatives.

Kirkpatrick had said in a statement before the results came in that her campaign had been in touch with Elections BC about the risk of weather-related disruptions, and was told that voting tabulation machines have battery power for four hours in the event of an outage.

— With files from Brenna Owen

This report by The Canadian Press was first published Oct. 19, 2024.

The Canadian Press. All rights reserved.

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Breakingnews: B.C. Conservative Leader John Rustad elected in his riding

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VANDERHOOF, B.C. – British Columbia Conservative Leader John Rustad has been re-elected in his riding of Nechako Lakes.

Rustad was kicked out of the Opposition BC United Party for his support on social media of an outspoken climate change critic in 2022, and last year was acclaimed as the B.C. Conservative leader.

Buoyed by the BC United party suspending its campaign, and the popularity of Pierre Poilievre’s federal Conservatives, Rustad led his party into contention in the provincial election.

The Canadian Press. All rights reserved.

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