Gerald Ford pardoned Richard Nixon shortly after the latter’s resignation in an effort to heal the nation’s wounds and move forward. It was an unpopular decision that may well have cost him the 1976 election. I think it is fair to say, however, that the verdict of history is on his side. The pardon was, in fact, in the national interest, if not Ford’s.
Biden will face a somewhat similar situation if he wins the election, given the long list of Trump’s misdeeds both in and out of office. In my opinion, it would be a mistake to authorize DOJ to take legal action against Trump. It would make the vital task of dealing with the national divisions far more difficult, invite retaliation, and make America look like a banana republic.
There are caveats to that advice, of course. Important examples of poor and corrupt administration should be reviewed and made public, and the Vance investigation should not be hindered in any way. If Vance determines beyond a reasonable doubt that Trump committed crimes in New York before he was elected, then he should be free to treat Trump just like any other lawbreaker.
Biden’s most important task will be to protect the nation’s foundations from further institutional rot. My next post will address that issue.