President Joe Biden is reportedly considering issuing preemptive pardons to protect key figures from potential prosecution under a second Trump administration. This extraordinary development, reported by multiple major U.S. media outlets, marks a dramatic escalation in the ongoing political tension between the current and former presidents.
According to reports from Politico, later corroborated by the New York Times, CBS News, and the Washington Post, the Biden administration is exploring the use of presidential pardon powers in a protective capacity, even for individuals who haven’t been charged with any crimes. This consideration comes amid growing concerns about Donald Trump’s openly stated intentions to pursue legal action against his perceived political opponents.
The list of potential pardon recipients reads like a who’s who of Trump’s most prominent critics. Dr. Anthony Fauci, who served as the White House special advisor on Covid-19 and frequently clashed with Trump over pandemic response measures, is reportedly under consideration. Former Republican Representative Liz Cheney, who has become one of Trump’s most vocal conservative critics, is also said to be among those being considered for protection.
The timing of these discussions has gained particular significance following Biden’s controversial decision to pardon his son Hunter, who was facing sentencing in cases involving a gun purchase and tax fraud. This move has intensified scrutiny of the president’s use of pardon powers and raised questions about the broader implications of preemptive pardons as a political tool.
Other potential recipients include Democratic Representative Adam Schiff, who served as lead manager during Trump’s first impeachment trial, and retired general Mark Milley, the former chairman of the Joint Chiefs of Staff. Milley’s inclusion is particularly notable given his reported characterization of Trump as “a total fascist” and “the most dangerous person to this country” in conversations with journalist Bob Woodward.
The consideration of these pardons appears to be driven by Trump’s explicit threats of retribution. The former president has repeatedly promised to pursue legal action against those he claims helped “rig presidential elections.” This stance has been reinforced by his choice of Kash Patel as potential FBI director, who has publicly declared his intention to “come after” those who allegedly helped Biden win elections.
These developments take place against the backdrop of American political history, where presidential pardons have played a significant role in political transitions. Trump himself exercised this power extensively, pardoning 74 individuals on his final day in office in January 2021. Perhaps the most famous historical parallel is Gerald Ford’s blanket pardon of Richard Nixon in 1974, which protected the former president from prosecution for any crimes he might have committed while in office.
The current situation, however, represents a potentially unprecedented use of pardon power as a preemptive shield against future political persecution. Legal experts note that while presidential pardons are typically used to show mercy or correct past injustices, their use as a protective measure against potential future prosecution would mark a significant shift in their application.
The consideration of these pardons reflects deeper concerns about the stability of American democratic institutions and the potential weaponization of the justice system for political purposes. It also highlights the growing polarization in American politics, where the peaceful transition of power is increasingly accompanied by fears of political retribution.
As Washington grapples with these developments, the broader implications for American democracy remain uncertain. The use of preemptive pardons as political insurance policies could set new precedents for future administrations, potentially altering the dynamics of presidential transitions and the role of the justice system in American politics for years to come.
