Biden Considers Preemptive Pardons to Shield Allies from Trump

Biden Considers Preemptive Pardons to Shield Allies from Trump \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ President Joe Biden is weighing preemptive pardons for officials and allies amid fears of potential targeting by President-elect Donald Trump’s administration. This unprecedented use of presidential clemency seeks to shield individuals from financial and reputational damage stemming from politically motivated investigations. While the move echoes historical pardons like Gerald Ford’s for Richard Nixon, it raises concerns about political fallout and the risks of future misuse by Trump.

Biden’s Preemptive Pardons: Quick Looks

• Scope of Pardons: Biden considers clemency for individuals not yet charged with crimes.
• Potential Recipients: Dr. Anthony Fauci and others critical to Biden’s administration are among those at risk.
• Historical Precedents: Comparisons include Ford’s pardon of Nixon and Trump-era discussions of similar actions.
• Concerns About Precedents: Critics fear misuse of expanded pardon powers by future administrations, including Trump.
• Political Implications: The move aims to stabilize governance but risks accusations of shielding wrongdoing.

Deep Look

President Joe Biden is contemplating an extraordinary step in presidential power: issuing preemptive pardons to protect officials and allies who could face retributive investigations or prosecutions under President-elect Donald Trump’s administration. This deliberation comes as Trump openly discusses his intent to target political adversaries and circulate “enemies lists.” The Biden administration fears such actions could create significant reputational and financial harm for those involved, even if investigations do not lead to formal charges.

What Are Preemptive Pardons?

Historically, presidential pardons are granted to individuals who have been convicted of crimes or at least formally accused. Biden’s potential decision to preemptively pardon individuals who are neither charged nor investigated marks a dramatic expansion of this constitutional power. While legal, this move is rare and fraught with political and ethical concerns.

Biden’s inner circle, including senior aides and White House legal counsel, has been debating the scope and implications of this approach. Although Biden himself has participated in discussions, sources close to the matter say no final decision has been reached. The president could still opt against issuing any pardons at all.

Who Might Receive Pardons?

Potential recipients include high-profile figures like Dr. Anthony Fauci, who became a polarizing figure during the COVID-19 pandemic. Fauci’s role in promoting mask mandates and vaccines has made him a target of conservative criticism.

Other individuals on Biden’s radar include witnesses from Trump’s various legal battles, current Biden administration officials, and others who could be vulnerable to politically motivated scrutiny under a Trump presidency.

In some cases, former officials have proactively reached out to Biden’s team, requesting protections against potential investigations by a Trump-led Department of Justice. This level of preemptive concern underscores the fraught political environment surrounding the transition of power.

Biden’s Model: Hunter Biden’s Pardon

Biden’s recent decision to pardon his son, Hunter Biden, could serve as a model for these preemptive clemency efforts. Hunter Biden received a sweeping pardon covering both his convictions for federal gun and tax violations and potential offenses spanning an 11-year period. This broad approach suggests Biden’s willingness to use clemency as a tool for shielding individuals from future legal jeopardy.

Historical Precedents and Parallels

While preemptive pardons are rare, they are not without precedent. Gerald Ford issued a full pardon to Richard Nixon in 1974 after the Watergate scandal, citing the need to heal the nation and avoid prolonged divisive trials. Ford’s move was controversial at the time but is now seen as a landmark decision in the use of presidential clemency.

During Trump’s presidency, his aides reportedly considered issuing broad pardons for allies involved in efforts to overturn the 2020 election, including those implicated in the January 6 Capitol riot. However, these pardons never materialized before Trump left office.

Biden’s potential use of this power would be unprecedented in modern history, as it would apply to individuals not yet formally accused of wrongdoing.

Risks and Challenges

The potential political and ethical ramifications of preemptive pardons are significant. Critics argue that issuing pardons before investigations even begin could imply that the individuals involved are guilty of wrongdoing. Such actions might bolster claims from Trump and his allies that Biden’s administration acted unlawfully.

Additionally, Biden’s aides fear this move could set a dangerous precedent, enabling Trump or future presidents to use clemency even more aggressively. If Trump were to issue blanket pardons for his allies, it could incentivize them to engage in questionable or outright illegal activities, knowing they would likely avoid prosecution.

Support for the Strategy

Despite the risks, some legal experts support Biden’s potential actions. Richard Painter, a former White House ethics lawyer under President George W. Bush, reluctantly endorsed the idea. Painter emphasized that preemptive pardons could help stabilize governance and shift focus away from punitive measures toward policy priorities. However, he acknowledged the situation is far from ideal.

Painter also highlighted the risk of Trump’s allies engaging in blatant illegal conduct, buoyed by the promise of future pardons. This possibility further underscores the high stakes of Biden’s decision.

The Bigger Picture

Biden’s deliberations reflect the unique challenges of transitioning power amid deep political divides. While his pardons could prevent a wave of politically motivated investigations, they might also deepen partisan tensions and invite criticism of overreach.

The White House has indicated that Biden will issue more conventional pardons—such as addressing sentencing disparities in federal crimes—before the end of the year. These standard clemency measures, however, are unlikely to overshadow the broader implications of preemptive pardons.

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