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Biden Weighs Blanket Pardons to Shield Officials from Trump Administration

Biden Weighs Blanket Pardons to Shield Officials from Trump Administration
Source: AP Photo
  • PublishedDecember 6, 2024

President Joe Biden is reportedly considering issuing blanket pardons for current and former government officials who could face retribution from the incoming Trump administration, Al Jazeera reports, citing other media.

Sources speaking anonymously to the Associated Press and Reuters confirmed Thursday that the president has discussed this preemptive measure with senior aides, although no final decision has been made.

The discussions intensified following President-elect Donald Trump’s appointment of Kash Patel as FBI director. Patel, a staunch Trump loyalist who has vowed retribution against Trump’s critics, further fueled concerns among officials. This consideration comes just days after Biden pardoned his son, Hunter Biden, for past federal offenses, raising speculation about the scope of potential future pardons.

Sources indicated that numerous former officials have contacted the White House seeking protection from potentially costly and damaging investigations. However, aides have expressed concerns that preemptive pardons, particularly for uncharged offenses, could backfire, potentially being interpreted as an admission of guilt by Trump and his allies.

While the US Constitution grants presidents broad pardon powers, the use of preemptive pardons for hypothetical future crimes is largely untested legal territory. Among those reportedly under consideration for pardons are prominent Trump critics, including former Republican Representative Liz Cheney, Dr. Anthony Fauci, and California Senator-elect Adam Schiff. Trump has previously called for the prosecution or even military tribunals for various political opponents, including President Biden, Vice President Kamala Harris, and former Vice President Mike Pence.

The idea of preemptive pardons, first reported by Politico, represents a novel application of presidential power. Interestingly, Trump himself reportedly considered a similar measure for himself and his supporters following the January 6th, 2021 Capitol riot.

Biden’s pardon of his son, which covered not only past convictions but also potential future federal offenses over an 11-year period, serves as a precedent for the broader pardons under consideration. White House Press Secretary Karine Jean-Pierre recently hinted at further pardons before the end of Biden’s term.

Written By
Michelle Larsen