Biden Considers Preemptive Pardons for Officials and Allies Before Trump Takes Office

President Joe Biden is contemplating issuing broad pardons for officials and allies who might be unfairly targeted by the incoming administration of President-elect Donald Trump. This preemptive action would be an unusual use of presidential power. Discussions are mainly among White House lawyers, but Biden has also talked about it with senior aides, according to two anonymous sources familiar with the situation.

Biden's team is considering pardons for individuals who haven't been investigated or charged yet. They worry that Trump and his allies, known for their "enemies lists" and threats of "retribution," could initiate investigations that would damage reputations and finances, even without leading to prosecutions. Although the president's pardon power is absolute, using it in this way would significantly expand its traditional application.

Potential Recipients and Concerns

Possible recipients include Dr. Anthony Fauci, who played a crucial role in managing the coronavirus pandemic but has faced backlash from conservatives over mask mandates and vaccines. Others might be witnesses in Trump's trials or Biden administration officials who have angered Trump and his supporters. Some former officials have already reached out to Biden's team seeking protection from potential future actions by Trump's administration.

Biden recently pardoned his son Hunter for federal gun and tax violations and any potential federal offenses over 11 years. This move was motivated by fears that Trump's allies might pursue further charges against Hunter. This could serve as a model for other pardons Biden might consider for those at risk under Trump.

Historical Context and Political Implications

Trump aides had previously considered similar pardons for themselves and supporters involved in efforts to overturn the 2020 election, which led to the Capitol riot on January 6, 2021. However, these pardons never materialised before Trump left office nearly four years ago. Gerald Ford famously granted a "full, free, and absolute pardon" to Richard Nixon in 1974 over the Watergate scandal to avoid prolonged national debate.

Politico first reported Biden's consideration of preemptive pardons. On the campaign trail, Trump openly expressed his desire for revenge against those who prosecuted or opposed him. He has circulated social media posts calling for the jailing of figures like Biden, Vice President Kamala Harris, former Vice President Mike Pence, and Senators Mitch McConnell and Chuck Schumer.

Kash Patel, nominated by Trump as FBI director, has listed numerous former officials he wants to target. Richard Painter, a critic of Trump and former ethics lawyer under President George W. Bush, reluctantly supports Biden issuing broad pardons to protect people from Trump's administration.

Painter believes such pardons could help the incoming president focus on governance rather than retribution against political opponents. "It's not an ideal situation at all," Painter stated. "We have a whole lot of bad options confronting us at this point."

The Supreme Court ruled this year that the president has broad immunity from prosecution for official acts, but his aides do not share this protection. Some fear Trump might use blanket pardons to encourage allies to act unlawfully without fear of legal consequences.

More conventional pardons from Biden are expected before year-end, including those addressing sentencing disparities for federal crimes, according to the White House.