Biden’s Preemptive Pardons: A Strategic Move Against Future Trump Presidency?

President Biden considers preemptive pardons to shield allies from potential Trump retribution, sparking debate on the use of presidential clemency powers.

At a Glance

Biden administration weighs issuing preemptive pardons for potential targets of a future Trump administration
Preemptive pardons are rarely used and push the boundaries of presidential pardon power
Critics argue this could set a dangerous precedent and undermine the justice system
The move reflects concerns about possible politically motivated investigations under a Trump presidency

Biden’s Unprecedented Pardon Consideration

In a move that has raised eyebrows across the political spectrum, the Biden administration is reportedly considering the use of preemptive pardons to protect allies from potential legal challenges under a hypothetical future Trump administration. This consideration comes in the wake of President Biden’s controversial pardon of his son, Hunter, on federal tax and gun charges, further highlighting the growing political dimension of presidential pardon powers.

The contemplation of such pardons stems from concerns about retribution should former President Donald Trump return to the White House. Biden has been mulling over this decision for approximately six months, grappling with the precedent it might set and its implications for the justice system.

President Biden's top aides are contemplating preemptive pardons for certain public officials who may be targeted by the incoming Trump administration, although a final decision is yet to be made https://t.co/bpmJ8yLQ4o pic.twitter.com/aEHOa4n8BZ

— Reuters (@Reuters) December 6, 2024

The Scope and Implications of Preemptive Pardons

Traditionally, presidential pardons are granted to individuals who have been accused or convicted of specific crimes. However, the Biden team is considering an extraordinary step: issuing pardons for individuals who have not yet been investigated or charged with any offense. This move would push the boundaries of presidential pardon power to new limits.

The administration is reportedly weighing options between issuing blanket pardons to specific individuals or extending them to a broad class of people. This consideration reflects a growing concern about potential investigations by Trump and his allies, which could prove costly and damaging even without resulting in prosecutions.

Divided Opinions on Preemptive Pardons

The prospect of preemptive pardons has elicited mixed reactions from both sides of the political aisle. Some Democrats, like Rep. Jim Clyburn, have encouraged Biden to pardon not only his son but also others who might be targeted by Trump. On the other hand, critics argue that such pardons could set a dangerous precedent and undermine the integrity of the justice system.

“I don’t think a preemptive pardon makes sense. I would urge the president not to do that. I think it would seem defensive and unnecessary,” Adam Schiff said recently.

Not all potential targets of a Trump administration investigation are keen on receiving pardons. For instance, former Rep. Liz Cheney and Rep. Adam Schiff have expressed opposition to the idea, emphasizing the importance of upholding democratic norms and the rule of law.

The Balancing Act: Justice vs. Political Protection

As the Biden administration navigates this complex issue, it faces a delicate balancing act. On one hand, there’s a desire to protect allies from potentially unjust prosecutions. On the other, there’s a need to maintain public trust in the justice system and avoid setting a precedent where pardons are seen as tools for political protection rather than instruments of justice.

“Respect for democracy and the rule of law doesn’t mean that Joe Biden has to sit idly by and wait for the Trump administration to do things that he would regard as unjust and destructive,” according to Austin Sarat, a political science professor at Amherst College.

The White House’s cautious approach to this matter underscores the gravity of the decision. Led by White House counsel Ed Siskel, the deliberations involve input from various aides, though President Biden himself has not yet been directly involved in the discussions. As the administration weighs its options, the nation watches closely, aware that the outcome could have far-reaching implications for the future of presidential powers and the American justice system.