Farewell to Fair Play: Once Upon a Time Our Tradition Was To Choose the Right Course — Even When Not Required

The Rule of Lenity was the unwritten law of the land, and courts spared the ham sandwiches.

AP/Chick Harrity
President Nixon waves goodbye from the steps of his helicopter outside the White House on August 9, 1974. AP/Chick Harrity

You have heard the old witticism that a grand jury will indict a ham sandwich? That is, that in the right mood, a legal authority will go after anything. Yet actually convicting ham sandwiches is not the American tradition. Throughout most of its history America has benefited from the adherence of its leaders to a spirit of fair play.

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