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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, Beyoncé team up for a Texas rally on abortion rights and hope battleground states hear them

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HOUSTON (AP) — Vice President Kamala Harris will team up with Beyoncé on Friday for a rally in solidly Republican Texas aimed at highlighting the medical fallout from the state’s strict abortion ban and putting the blame squarely on Donald Trump.

It’s a message intended to register far beyond Texas in the political battleground states, where Harris is hoping that the aftereffects from the fall of Roe v. Wade will spur voters to turn out to support her quest for the presidency.

Harris will also be joined at the rally by women who have nearly died from sepsis and other pregnancy complications because they were unable to get proper medical care, including women who never intended to end their pregnancies.

Some of them have already been out campaigning for Harris and others have told their harrowing tales in campaign ads that seek to show how the issue has ballooned into something far bigger than the right to end an unwanted pregnancy.

Since abortion was restricted in Texas, the state’s infant death rate has increased, more babies have died of birth defects and maternal mortality has risen.

With the presidential election in a dead heat, the Democratic nominee is banking on abortion rights as a major driver for voters — including for Republican women, particularly since Trump appointed three of the Supreme Court justices who voted to overturn the constitutional right. He has been inconsistent about how he would approach the issue if voters return him to the White House.

Harris’ campaign has taken on Beyonce’s 2016 track “Freedom” as its anthem, and the message dovetails with the vice president’s emphasis on reproductive freedom. The singer’s planned appearance Friday adds a high level of star power to Harris’ visit to the state. She will be the latest celebrity to appear with or on behalf of Harris, including Lizzo, James Taylor, Spike Lee, Tyler Perry, Samuel L. Jackson, Bruce Springsteen and Eminem. While in Texas, Harris also will tape a podcast with host Brené Brown.

Trump is also headed to Texas Friday where he’ll talk immigration, and tape a podcast with host Joe Rogan.

There is some evidence to suggest that abortion rights may drive women to the polls as it did during the 2022 midterm elections. Voters in seven states, including some conservative ones, have either protected abortion rights or defeated attempts to restrict them in statewide votes over the past two years.

“Living in Texas, it feels incredibly important to protect women’s health and safety,” said Colette Clark, an Austin voter. She said voting for Harris is the best way to prevent further abortion restrictions from happening across the country.

Another Austin resident, Daniel Kardish, didn’t know anyone who has been personally affected by the restrictions, but nonetheless views it as a key issue this election.

“I feel strongly about women having bodily autonomy,” he said.

Harris said this week she thought the issue was compelling enough to motivate even Republican women, adding, “for so many of us, our daughter is going to have fewer rights than their grandmother.”

“When the issue of the freedom of a woman to make decisions about her own body is on the ballot, the American people vote for freedom regardless of the party with which they’re registered to vote,” Harris said.

Harris isn’t likely to win Texas, but that isn’t the point of her presence Friday.

“Of all the states in the nation, Texas has been ground zero for harrowing stories of women, including women who have been denied care, who had to leave the state, mothers who have had to leave the state,” said Skye Perryman, president of Democracy Forward, a legal group behind many lawsuits challenging abortion restrictions. “It’s one of the major places where this reality has been so, so devastatingly felt.”

Democrats warn that a winnowing of rights and freedoms will only continue if Trump is elected. Republican lawmakers in states across the U.S. have been rejecting Democrats’ efforts to protect or expand access to birth control, for example.

Democrats also hope Harris’ visit will give a boost to Rep. Colin Allred, who is making a longshot bid to unseat Republican Texas Sen. Ted Cruz. Allred will appear at the rally with Harris.

When Roe was first overturned, Democrats initially focused on the new limitations on access to abortion to end unwanted pregnancies. But the same medical procedures used for abortions are used to treat miscarriages.

And increasingly, in 14 states with strict abortion bans, women cannot get medical care until their condition has become life-threatening. In some states, doctors can face criminal charges if they provide medical care.

About 6 in 10 Americans think their state should generally allow a person to obtain a legal abortion if they don’t want to be pregnant for any reason, according to a July poll from The Associated Press-NORC Center for Public Affairs Research.

Trump has been inconsistent in his message to voters on abortion and reproductive rights. He has repeatedly shifted his stance and offered vague, contradictory and at times nonsensical answers to questions on an issue that has become a major vulnerability for Republicans in this year’s election.

Texas encapsulates the post-Roe landscape. Its strict abortion ban prohibits physicians from performing abortions once cardiac activity is detected, which can happen as early as six weeks or before.

As a result, women, including those who didn’t intend to end a pregnancy, are increasingly suffering worse medical care. That’s in part because doctors cannot intervene unless a woman is facing a life-threatening condition, or to prevent “substantial impairment of major bodily function.”

The state also has become a battleground for litigation. The U.S. Supreme Court weighed in on the side of the state’s ban just two weeks ago.

Complaints of pregnant women in medical distress being turned away from emergency rooms in Texas and elsewhere have spiked as hospitals grapple with whether standard care could violate strict state laws against abortion.

Several Texas women have lodged complaints against hospitals for not terminating their failing and dangerous pregnancies because of the state’s ban. In some cases, women lost reproductive organs.

Of late, Republicans have increasingly tried to place the blame on doctors, alleging that physicians are intentionally denying services in an effort to undercut the bans and make a political point.

Perryman said that was gaslighting.

“Doctors are being placed in a position where they are having to face the prospect of criminal liability, of personal liability, threat to their medical license and their ability to care for people — they’re faced with an untenable position,” she said.

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Long reported from Washington and Lathan from Austin, Texas.

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Nova Scotia premier appoints new finance minister after cabinet resignation

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HALIFAX – Nova Scotia Premier Tim Houston has announced a cabinet shuffle today, appointing Tim Halman as finance minister and deputy premier.

Halman will retain his portfolio as environment minister as he replaces Allan MacMaster who resigned as finance minister and deputy premier on Thursday.

In a statement on Facebook, MacMaster says he wants to seek the federal Conservative nomination in the riding of Cape Breton—Canso—Antigonish.

MacMaster says he will stay on as the member of the provincial legislature for Inverness, but will resign his seat if he wins the federal nomination.

In a short statement, the premier’s office says Halman’s swearing-in ceremony took place on Thursday.

The cabinet change comes as speculation mounts about a snap provincial election call as early as this weekend.

This report by The Canadian Press was first published Oct. 25, 2024.

The Canadian Press. All rights reserved.

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Beyoncé, whose ‘Freedom’ is Harris’ campaign anthem, is expected at Democrat’s Texas rally on Friday

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PHILADELPHIA (AP) — Beyoncé is expected to appear Friday in her hometown of Houston at a rally for Vice President Kamala Harris, according to three people familiar with the matter.

Harris’ presidential campaign has taken on Beyonce’s 2016 track “Freedom” as its anthem, and the singer’s planned appearance brings a high-level of star power to what has become a key theme of the Democratic nominee’s bid: freedom.

Harris will head to the reliably Republican state just 10 days before Election Day in an effort to refocus her campaign against former President Donald Trump on reproductive care, which Democrats see as a make-or-break issue this year.

The three people were not authorized to publicly discuss the matter and spoke on condition of anonymity. The Harris campaign did not immediately comment.

Beyoncé‘s appearance was expected to draw even more attention to the event — and to Harris’ closing message.

Harris’ Houston trip is set to feature women who have been affected by Texas’ restrictive abortion laws, which took effect after the Supreme Court overturned Roe v. Wade in 2022. She has campaigned in other states with restrictive abortion laws, including Georgia, among the seven most closely contested states.

Harris has centered her campaign around the idea that Trump is a threat to American freedoms, from reproductive and LGBTQ rights to the freedom to be safe from gun violence.

Beyonce gave Harris permission early in her campaign to use “Freedom,” a soulful track from her 2016 landmark album “Lemonade,” in her debut ad. Harris has used its thumping chorus as a walk-out song at rallies ever since.

Beyoncé’s alignment with Harris isn’t the first time that the Grammy winner has aligned with a Democratic politician. Barack Obama and his wife, Michelle, danced as Beyoncé performed at a presidential inaugural ball in 2009.

In 2013, she sang the national anthem at Obama’s second inauguration. Three years later, she and her husband Jay-Z performed at a pre-election concert for Democrat Hillary Clinton in Cleveland.

“Look how far we’ve come from having no voice to being on the brink of history — again,” Beyoncé said at the time. “But we have to vote.”

A January poll by Ipsos for the anti-polarization nonprofit With Honor found that 64% of Democrats had a favorable view of Beyonce compared with just 32% of Republicans. Overall, Americans were more likely to have a favorable opinion than an unfavorable one, 48% to 33%.

Speculation over whether the superstar would appear at this summer’s Democratic National Convention in Chicago reached a fever pitch on the gathering’s final night, with online rumors swirling after celebrity news site TMZ posted a story that said: “Beyoncé is in Chicago, and getting ready to pop out for Kamala Harris on the final night of the Democratic convention.” The site attributed it to “multiple sources in the know,” none of them named.

About an hour after Harris ended her speech, TMZ updated its story to say, “To quote the great Beyoncé: We gotta lay our cards down, down, down … we got this one wrong.” In the end, Harris took the stage to star’s song, but that was its only appearance.

Last year, Harris and her husband, Doug Emhoff, attended Beyoncé’s Renaissance World Tour in Maryland after getting tickets from Beyonce herself. “Thanks for a fun date night, @Beyonce,” Harris wrote on Instagram.

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Long and Kinnard reported from Washington. Associated Press writer Linley Sanders in Washington contributed to this report. Kinnard can be reached at

The Canadian Press. All rights reserved.

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