Was Nixon Charged With a Crime? Key Legal Facts Explained

Table of Contents#

1. The Watergate Scandal: Quick Context
2. Impeachment vs. Criminal Charges: Critical Differences
3. Was Richard Nixon Ever Formally Charged With a Crime?
4. The Gerald Ford Pardon: Legal Context and Controversy
5. Post-Presidency Accountability: Consequences Nixon Did Face
6. Common Myths Debunked
7. Final Takeaway
8. References

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The Watergate Scandal: Quick Context#

To understand the legal outcomes for Nixon, it helps to have a brief recap of the scandal itself:

• In June 1972, five men linked to Nixon’s 1972 re-election campaign were arrested breaking into the DNC’s Watergate office complex to plant listening devices and steal campaign documents.
• Over the next two years, congressional investigations and investigative journalism revealed that Nixon had personally approved efforts to cover up the campaign’s link to the break-in, including ordering the FBI to stop its investigation, paying hush money to the arrested burglars, and lying to the public about his involvement.
• A Supreme Court ruling in United States v. Nixon (1974) forced Nixon to turn over secret White House tape recordings that provided irrefutable evidence of his role in the cover-up.

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Impeachment vs. Criminal Charges: Critical Differences#

A common source of confusion around Nixon’s fate is the difference between impeachment and criminal charges:

This distinction is critical to understanding Nixon’s legal outcome.

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Was Richard Nixon Ever Formally Charged With a Crime?#

The short answer is no, Nixon was never formally charged or indicted with a criminal offense — but this requires important context:

1. While he was president: The U.S. Department of Justice’s Office of Legal Counsel (OLC) issued a 1973 memo concluding that a sitting president cannot be indicted, as it would interfere with their ability to carry out executive branch duties. The Watergate grand jury abided by this guidance, and voted 19-0 to name Nixon an unindicted co-conspirator in the Watergate cover-up in March 1974, alongside seven of his top aides who were formally indicted.
2. After his resignation: Nixon resigned from office on August 9, 1974, just days before the full House of Representatives was set to vote on impeachment articles approved by the House Judiciary Committee. Immediately after his resignation, Watergate Special Prosecutor Leon Jaworski completed a 50-page draft indictment against Nixon, listing 6 criminal counts: 3 counts of obstruction of justice, 1 count of conspiracy to defraud the United States, and 2 counts of perjury. The indictment was set to be filed in federal court in late September 1974.

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The Gerald Ford Pardon: Legal Context and Controversy#

All planned criminal proceedings against Nixon were halted on September 8, 1974, when new President Gerald Ford issued a full, unconditional pardon for all federal crimes Nixon "committed or may have committed or taken part in" during his time in office.

Ford’s Justification#

Ford publicly stated that the pardon was intended to help the country heal from the trauma of Watergate, arguing that a years-long criminal trial against a former president would deepen national divisions and distract from pressing economic and foreign policy challenges.

Controversy#

The pardon was widely unpopular at the time, with many Americans suspecting a secret deal: that Nixon had agreed to resign in exchange for a guarantee of a pardon from Ford. No evidence of a formal quid pro quo has ever been uncovered by congressional investigations or historical records. Legally, the pardon was fully constitutional: the U.S. Constitution grants the president unlimited authority to pardon federal crimes, with no oversight or restrictions. The pardon barred all future federal criminal charges against Nixon for his conduct in office. State prosecutors in New York briefly considered filing state-level charges related to campaign finance violations, but ultimately declined to pursue the case to avoid further national disruption.

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Post-Presidency Accountability: Consequences Nixon Did Face#

While Nixon never faced criminal charges or jail time, he did face significant non-criminal consequences for his role in Watergate:

1. Disbarment: He was disbarred from practicing law in New York in 1976, and later resigned his law license in California to avoid a second disbarment proceeding. He is the only former U.S. president to lose his license to practice law due to misconduct.
2. Back tax repayment: An IRS investigation found Nixon had illegally claimed tax deductions for donating his presidential papers to the National Archives, and he was ordered to pay $465,000 in back taxes and interest.
3. Historical legacy: Nixon remains the only U.S. president to resign from office, and his legacy is permanently tied to the Watergate scandal and the erosion of public trust in government it sparked.
4. Convictions of his aides: 19 members of Nixon’s administration and campaign team were convicted of criminal offenses related to Watergate, and many served multi-year prison sentences.

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Common Myths Debunked#

Myth 1: Richard Nixon was impeached#

Fact: The House Judiciary Committee approved three articles of impeachment (obstruction of justice, abuse of power, contempt of Congress) in July 1974, but Nixon resigned before the full House of Representatives could hold a vote to formally impeach him. He was never impeached, and the Senate never held an impeachment trial for him.

Myth 2: Nixon was found guilty of a crime#

Fact: No criminal charges were ever filed against Nixon, so he never stood trial or was found guilty of any criminal offense. The pardon prevented all federal criminal proceedings against him.

Myth 3: The OLC memo banning indictment of a sitting president was created to protect Nixon#

Fact: The 1973 OLC memo was drafted before the full extent of Nixon’s role in Watergate was uncovered, and was based on longstanding DOJ interpretations of executive branch authority. The memo remains in effect today, and has been cited to block indictment of sitting presidents in multiple subsequent investigations.

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Final Takeaway#

Richard Nixon was never formally charged with a crime, but only because a pre-emptive presidential pardon blocked the federal indictment that was already drafted and ready to file. His status as an unindicted co-conspirator in the Watergate scandal, and the non-criminal penalties he faced, set important precedents for conversations about presidential accountability that continue to this day.

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References#

1. Gerald R. Ford Presidential Library & Museum. (n.d.). The Nixon Pardon: Primary Sources and Historical Context. Retrieved from https://www.fordlibrarymuseum.gov
2. U.S. National Archives. (2018). Watergate Grand Jury Records, 1972-1974. Retrieved from https://www.archives.gov/research/investigations/watergate
3. U.S. Department of Justice, Office of Legal Counsel. (1973). Memorandum Regarding the Indictment of a Sitting President. Retrieved from https://www.justice.gov/olc
4. New York State Bar Association. (1976). In re Richard M. Nixon: Disbarment Decision. Retrieved from https://www.nysba.org
5. Richard Nixon Presidential Library & Museum. (n.d.). Watergate Timeline: 1972-1974. Retrieved from https://www.nixonlibrary.gov