Biden is considering preemptive pardons for officials and allies before Trump takes office
WASHINGTON (AP) — President Joe Biden is weighing whether to issue sweeping pardons for officials and allies who the White House fears could be unjustly targeted by President-elect Donald Trump’s administration, a preemptive move that would be a novel and risky use of the president’s extraordinary constitutional power.The deliberations so far are largely at the level of White House lawyers. But Biden himself has discussed the topic with some senior aides, according to two people familiar with the matter who spoke on condition of anonymity Thursday to discuss the sensitive subject. No decisions have been made, the people said, and it is possible Biden opts to do nothing at all.
Pardons are historically afforded to those accused of specific crimes – and usually those who have already been convicted of an offense — but Biden’s team is considering issuing them for those who have not even been investigated, let alone charged. They fear that Trump and his allies, who have boasted of enemies lists and exacting “retribution,” could launch investigations that would be reputationally and financially costly for their targets even if they don’t result in prosecutions.
Recipients could include infectious-disease specialist Dr. Anthony Fauci, who was instrumental in combating the coronavirus pandemic and who has become a pariah to conservatives angry about mask mandates and vaccines. Others include witnesses in Trump’s criminal or civil trials and Biden administration officials who have drawn the ire of the incoming president and his allies.
Some fearful former officials have reached out to the Biden White House preemptively seeking some sort of protection from the future Trump administration, one of the people said.
On the campaign trail, Trump made no secret of his desire to seek revenge on those who prosecuted him or crossed him.
Trump has talked about “enemies from within” and circulated social media posts that call for the jailing of Biden, Vice President Kamala Harris, former Vice President Mike Pence and Sens. Mitch McConnell and Chuck Schumer. He also zeroed in on former Rep. Liz Cheney, a conservative Republican who campaigned for Harris and helped investigate Jan. 6, and he promoted a social media post that suggested he wanted military tribunals for supposed treason.
Kash Patel, whom Trump has announced as his nominee to be director of the FBI, has listed dozens of former government officials he wanted to “come after.”
Would such preemptive pardons be to protect the vulnerable? Or to provide cover to Biden after pardoning his own son after promising not to? Cronyism? Or justice? And what about the precedent?
