Biden considers pardoning Trump critics before charges exist
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In a significant development, President Biden is reportedly contemplating preemptive pardons for Trump critics, marking a potential unprecedented expansion of presidential pardoning authority.
The proposed pardons could benefit several high-profile figures, including Democratic Senator Adam Schiff, former Republican Representative Liz Cheney, and Dr. Anthony Fauci, though a complete list hasn’t been disclosed.
“It is very rare to issue a pardon for conduct not yet charged,” South Texas College of Law Houston professor Josh Blackman told the DCNF. “Moreover, it is even rarer to give a blanket pardon for all offenses that a person may have committed during a particular period of time. But the Hunter Biden ‘Get out of jail free’ card has set a broad new precedent.”
Joe Biden is considering “PREEMPTIVE PARDONS” for
✅ Dr. Fauci
✅Liz Cheney
✅Adam SchiffIf they committed NO CRIMES then Why would they NEED a PARDON? pic.twitter.com/pykI9wDf74
— Culture War (@CultureWar2020) December 4, 2024
This consideration follows Biden’s recent pardon of his son Hunter, which covered potential offenses dating back to 2014, extending beyond his known gun and tax charges. Biden justified this decision by citing political interference, though judges later contested this reasoning.
While preemptive pardons are uncommon, historical precedents exist, including Ford’s pardon of Nixon, Carter’s pardon of Vietnam draft evaders, and Bush Sr.’s pardon of Caspar Weinberger.
“This would be an expansion of the pardon power, beyond even that which Biden granted to his son (who was charged, but was pardoned for all activity),” Manhattan Institute Director of Constitutional Studies Ilya Shapiro told the DCNF. “It sets the precedent that an outgoing president can just issue blanket pardons for all of his cronies. Not good—and further dulls any criticisms from the left of Trump’s use of the pardon power.”
Law professor Jonathan Turley suggests these potential pardons might be Biden’s attempt to reframe his earlier pardon of Hunter Biden, despite Trump’s public disavowal of retribution plans.
If Fauci gets a pardon isn’t that admitting guilt? Also, how do you get pardoned for something you haven’t been charged with yet? How does that even work? pic.twitter.com/l32W7MfvP1
— TheLizVariant (@TheLizVariant) December 9, 2024
However, some potential beneficiaries, including Schiff, have expressed opposition to such pardons. “I don’t want to see a precedent where you have presidents, as they leave office, issuing blanket pardons to members of their party or members of their administration,” Schiff told the LA Times on Monday. “There was talk of Trump doing that when he left office, of members like Mark Meadows and Jim Jordan seeking pardons from him. It would be another diminution in our democracy, and I just think it’s completely unnecessary.”
Senator Amy Klobuchar has also voiced her disapproval, stating on MSNBC that she’s “not a fan” of preemptive pardons.
