Biden Considers Preemptive Pardons for US Officials Amid Trump’s Incoming Administration

Friday 06 December 2024 - 10:06

US President Joe Biden is contemplating the possibility of issuing preemptive pardons for current and former public officials who might become targets of President-elect Donald Trump’s upcoming administration. This potential move comes in response to fears of politically motivated retribution as Trump prepares to take office.

Sources, who spoke anonymously to The Associated Press and Reuters, revealed that Biden has discussed the idea with senior aides. However, no decisions have been made so far. The conversation around this measure gained traction after Trump appointed Kash Patel, a figure known for his calls for revenge against Trump’s critics, to the position of FBI director. The issue gained further attention after Biden’s decision to pardon his son, Hunter Biden, on Sunday.

Several former officials, concerned about the prospect of costly and damaging investigations, have reportedly reached out to the White House to seek immunity. However, some aides worry that granting preemptive pardons in the absence of any proven crimes could backfire. It could prompt Trump and his supporters to claim that such actions indicate guilt.

While the US Constitution grants the president broad pardon powers, the use of preemptive pardons for crimes that have not yet been charged is largely untested. Among those allegedly under consideration for pardons are former Republican Representative Liz Cheney, who has been an outspoken critic of Trump; Dr. Anthony Fauci, who played a key role in coordinating Biden’s COVID-19 response; and California Senator-elect Adam Schiff, who led the first impeachment effort against Trump.

Trump has previously suggested, through social media posts, that Biden, Vice President Kamala Harris, former Vice President Mike Pence, and others should be jailed. He has even promoted calls for military tribunals for individuals accused of treason.

The idea of preemptive pardons, first reported by Politico, would represent an unconventional use of the president’s constitutional powers. After the January 6, 2021, Capitol riot, Trump reportedly considered granting pardons to himself and his supporters following his failed attempt to overturn the results of the 2020 presidential election.

Biden’s recent pardon of his son, Hunter Biden, for both federal gun and tax violations, as well as for potential offenses committed over an 11-year period, has served as a model for possible protections that could be extended to other officials. White House Press Secretary Karine Jean-Pierre has suggested that more pardons could be expected from Biden before the end of his term.