THE ADMINISTRATION: The Fallout from Ford's Rush to Pardon

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asked how the pardon would affect the trial of the Watergate cover-up defendants, Buchen replied: "That is the problem of Mr. Jaworski and the judges." It apparently was Buchen who also proposed the dubious choice of Becker as the intermediary with Nixon's aides. Becker, 36, who had worked in the Justice Department in 1966 and 1967 and was later an Assistant U.S. Attorney in Washington, is under federal investigation for income tax evasion. He had previously helped then-Congressman Ford in his ill-advised attempt to impeach Supreme Court Justice William O. Douglas in 1969. Perhaps the only reputation that was enhanced during the whole episode was that of the man who left Ford's staff, Press Secretary J.F. terHorst. His resignation on principle was in the refreshing style of two of Nixon's Saturday Night Massacre victims, Attorney General Elliot Richardson and his deputy, William Ruckelshaus.

If the political crisis raised troubling questions about Ford and his hastily assembled staff, it may also have performed a costly but positive function in warning of those weaknesses. In a sense Jerry Ford had now experienced his own Bay of Pigs and may have discovered, at considerable cost, the wisdom of consulting more widely and assessing his future major moves more carefully. In dealing with Nixon, Ford could perhaps have tried harder to get a greater concession of wrongdoing. But there is little likelihood that Nixon could ever bring himself to admit full guilt, though that guilt has been adequately documented by the House Judiciary Committee. Even if indicted, he probably would have fought fiercely to seek an acquittal rather than plea-bargain, Agnew-style. Indeed, Illinois Republican Congressman John Anderson offered a cutting observation last week. "Why were we ever stupid enough to think that this awful man would fade away like one of MacArthur's old soldiers?" he asked. "He was always going to be dragged kicking and screaming into oblivion."

Ford's deal with Nixon on custody of the former President's tapes and papers was more arguable. A ruling by Attorney General William Saxbe that Nixon could claim them as personal possessions can still be challenged. While past Presidents dating back to Washington have laid claim to such documents, the practice is based on custom, not law. Why official papers produced at public expense ought to be considered private property has never been persuasively argued. Nixon's position, moreover, is unique. "I don't recall any criminal investigation being in progress at the time Washington gathered up his papers and left office," observed a G.O.P. lawyer in Washington. Ford, however, was probably relieved to escape any further responsibility for those much sought-after tapes.

Although the tapes arrangement may yet be challenged, the pardon is now history. Ford, in fact, still insisted that his decision was right, despite the outcry. But there were strong signs last week that, partly as a result of the pardon, Congress will not meekly accede to Nixon's request for some $850,000 in transition funds, as endorsed by Ford and urged by a compliant General Services Administration. GSA Administrator Arthur F. Sampson, a Nixon appointee who had never objected to any of the lavish Government-financed improvements to Nixon's San Clemente and Key Biscayne properties, ran