President Joe Biden is considering whether to issue blanket pardons to officials and allies that the White House fears may be unfairly targeted by President-elect Donald Trump’s administration, a preemptive move that would be a new and risky use of the president’s extraordinary constitutional power.
The deliberations so far have largely taken place at the level of White House lawyers. But Biden himself discussed the issue with some of his senior aides, according to two people familiar with the matter who spoke on the condition of anonymity Thursday to discuss the sensitive topic. No decisions have been made, and it is possible that Biden will choose to do nothing at all, the sources said.
Pardons have historically been granted to those accused of specific crimes — usually to those who have already been convicted of a crime — but the Biden team is considering issuing them to those who have not yet been investigated, let alone charged. They fear that Trump and his allies, who have prided themselves on enemy lists and aggressive “retaliation,” will launch investigations that would be costly in terms of reputation and money for their targets even if they do not result in prosecutions.
While the president’s pardon power is absolute, using it in this way for Biden would represent a significant expansion in how it is deployed, and some Biden aides fear it could lay the groundwork for a more radical use by Trump. They also worry that issuing a pardon would fuel claims by Trump and his allies that individuals committed acts that warrant immunity.
Recipients could include infectious disease specialist Dr. Anthony Fauci, who has been instrumental in fighting the coronavirus pandemic and who has become a pariah for conservatives angered by 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 frightened former officials have reached out to the Biden White House to proactively seek some kind of protection from a future Trump administration, one of the people said.
This follows Biden’s decision to pardon his son Hunter, not only for his convictions for federal gun and tax violations, but also for any potential federal crime committed over an 11-year period, as the president feared Trump’s allies would seek to prosecute his son for federal crimes. Other crimes. That could serve as a model for other pardons Biden might issue to those who might find themselves in legal jeopardy under Trump.
Biden is not the first to consider such a pardon, as Trump aides have considered it for him and his supporters involved in his failed effort to overturn the 2020 presidential election that culminated in the violent riot at the Capitol on January 6, 2021. But he may be. The first to issue it since Trump’s pardon was not implemented before leaving office nearly four years ago.
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Gerald Ford granted a “full, free and absolute pardon” in 1974 to his predecessor, Richard Nixon, over the Watergate scandal. He believed that a potential trial “would cause a long and divisive debate over the appropriateness of subjecting a man who has already paid the unprecedented penalty of relinquishing the highest elective office in the United States” to further punishment and indignity, as written in the pardon proclamation.
Politico was the first to report that Biden was considering using preemptive pardons.
During the election campaign, Trump made no secret of his desire for revenge against those who prosecuted or wronged him.
Trump spoke of “inside enemies” and circulated posts on social media calling for the imprisonment of Biden, Vice President Kamala Harris, former Vice President Mike Pence, Senators Mitch McConnell and Chuck Schumer. He also focused on former Rep. Liz Cheney, a conservative Republican who campaigned for Harris and helped with the Jan. 6 investigation, and promoted a social media post suggesting he wanted military tribunals for alleged treason.
Kash Patel, whose nomination Trump announced to be FBI director, listed dozens of former government officials he wanted to “go after.”
Richard Painter, a Trump critic who served as chief White House ethics lawyer under President George W. Bush, said he was reluctantly supportive of Biden issuing blanket pardons for people who could be targeted by the Trump administration. He said he hoped this would “clean the slate” for the next president and encourage him to focus on governing, not punishing his political allies.
“It’s not an ideal situation at all,” Painter said. “We have a lot of bad choices facing us at this point.”
While the Supreme Court ruled this year that the president enjoys broad immunity from prosecution for what could be considered official acts, his aides and allies have no such shield. Some fear that Trump will use the promise of a blanket pardon to encourage his allies to take actions they may resist for fear of violating the law.
“There could be blatant illegal behavior over the next four years, and he can go out and pardon his people before he leaves office,” Painter said. “But if he’s going to do it, he’s going to do it anyway no matter what Biden does.”
The White House said more traditional pardons from Biden, such as those related to sentencing disparities for people convicted of federal crimes, are expected before the end of the year.
& Edition 2024 The Canadian Press
