Click here for Heather Cox Richardson's diary entry on Substack for November 8, 2026. She explains how "One hundred and fifty years ago, after the Civil War, General Ulysses S. Grant believed the cause of the Confederacy was 'one of the worst for which a people ever fought, and for which there was the least excuse.' But when he accepted General Robert E. Lee’s surrender of the Army of Northern Virginia in the hamlet of Appomattox Court House, Virginia, in April 1865, he allowed Confederate soldiers to go home with only a promise that they would not take up arms again, in the hope that they would “be able to put in a crop to carry themselves and their families through the next winter.' It was a humanitarian gesture and also a practical one, for southerners were starving, and if they missed planting season, the devastation would get worse."
But following Lincoln's deaht, President Andrew Johnson pardoned most of the leaders of the rebellion, in hopes that they would support him. But those leaders claimed that the pardons were because Johnson recognized the virtue of their cause: "Within a decade, white southerners were lamenting the 'Lost Cause,' and northern sympathizers threw Black Americans overboard in their rush to reunite with white southerners against a government that worked for all Americans. The true history of the Confederacy—a brief rebellion against the United States to create a slave-holding nation—was whitewashed as a stand against federal overreach. As such, it endured, carrying racism and rebellion forward for more than a century."
Gerald Ford's preemptive pardon of Nixon for any offenses he may have committed further undermined the principle of accountability. "Nixon never publicly accepted responsibility for his obstruction of justice, abuse of power, and contempt of Congress. Instead, Nixon blamed the press, whose members designed their 'leaks and accusations and innuendo' to destroy him.
Reagan also escaped accountability when his "advisors ignored both U.S. sanctions on Iran’s revolutionary government and the law prohibiting aid to the right-wing Contra rebels trying to overthrow Nicaragua’s Marxist Sandinista government. In what became known as the Iran-Contra affair, they sold highly marked-up arms to Iran, and sent the proceeds—off the books—to aid the Contras."
In 1989 the head of the Office of Legal Counsel, William Barr, wrote a memo warning officials in the George H.W. Bush administration to be wary of “legislative encroachments” on the president’s authority. When he later became attorney general, he backed Bush’s pardons of the eleven Reagan officials charged in the Iran-contra affair.
She continues:
Barr went on to become the attorney general in Donald Trump’s first administration, and that administration continued the push against accountability. Then, after one grand jury charged Trump with 40 criminal counts for retaining and mishandling classified documents after he left office and then obstructing justice to cover up that retention, and a second charged Trump with four felony counts related to his attempt to overturn the results of the 2020 presidential election, Trump moved to dismiss the cases on the grounds that “a President has absolute immunity from criminal prosecution for actions performed within the outer perimeter of his official responsibilities.
On July 1, 2024, in Trump v. United States, the Supreme Court agreed, shattering the fundamental principle of U.S. democracy: that no one is above the law. Since returning to office, Trump has taken advantage of that immunity by turning the machinery of the federal government against those he perceives as his enemies.
She concludes:
“'[W]here, say some, is the King of America?' Thomas Paine wrote in Common Sense, the 1776 pamphlet that convinced British colonists in North America to cut ties with their king and start a new nation. '[I]n America the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.'”

