People in President Joe Biden’s orbit are weighing the possibility of him issuing preemptive pardons to people who may be targeted by President-elect Donald Trump, according to multiple media reports Thursday.
Politico, CNN and USA Today all reported that senior White House aides are having serious discussions about pursuing pardons for some of Trump’s political enemies out of concern he will pursue criminal indictments against them. CNN reports that Biden administration officials and prominent defense attorneys are also involved in those discussions.
According to Politico, Biden has not yet been brought into the talks, which have been spearheaded by White House counsel Ed Siskel.
The list of potential pardon recipients may include former Republican Wyoming Rep. Liz Cheney, who Trump has said should “go to jail;” California’s Democratic Sen.-elect Adam Schiff, who Trump famously referred to as “the enemy from within;” Anthony Fauci, the former head of the National Institute of Allergy and Infectious Diseases, who’s publicly sparred with Trump over the COVID-19 pandemic; and special counsel Jack Smith, who led the two federal indictments against Trump.
President Joe Biden has come under fire for pardoning his son Hunter Biden, reversing course on his original promise not to interfere in his criminal proceedings. ANDREW CABALLERO-REYNOLDS via Getty Images
Debates over the possibility of preemptive presidential pardons ― which are rare butnot unprecedented ― have been ongoing for weeks, CNN reported. Some worry issuing them could inspire more retaliatory action from Trump and his allies, but others are feeling a sense of urgency — especially since the president-elect named Kash Patel, who’s vowed to pursue Trump’s critics, as his choice to lead the FBI.
The White House did not immediately respond to requests for comment on the reports.
Democrats on Capitol Hill were cool to the idea of preemptive pardons when HuffPost asked them about them on Thursday.
“I believe we have a system of laws that works, and everybody’s held to the same standard, or you don’t, and I think preemptive pardons — where does that stop?” said Sen. Mark Warner (D-Va.), who also criticized Biden’s earlier decision to pardon his son, Hunter Biden.
“I wouldn’t recommend it,” added Sen. Richard Blumenthal (D-Conn.), who serves on the Senate Judiciary Committee.
But Sen. Chris Murphy (D-Conn.) was more amenable to the idea, saying he wouldn’t rule anything out during a second Trump term.
“We are living in a uniquely perilous moment in which we may lose control of our democracy,” Murphy said. “So I am generally open for whatever tools and techniques are available to try to prevent democratic Armageddon early next year. I’m not saying yes or no on that. I’m just like, I’m open for business when it comes to unique ways to save our democracy.”
Biden’s pardon of his son, who admitted to illegally owning a gun and avoiding his taxes, has already caused a stir among Democrats, with some saying the move erodes Americans’ faith in the justice system.
Biden, who once vowed not to pardon Hunter Biden, said he came to the conclusion that his son was being unfairly targeted.
“No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong,” he said.
Trump pardoned friends and allies during his first term, and has repeatedly vowed to pardon people who violently rioted in his name at the U.S. Capitol on Jan. 6, 2021. More than 500 of the rioters have been charged with assaulting or interfering with police officers, dozens of whom suffered injuries.
