People close to President Joe Biden are considering the possibility that he will issue preemptive pardons to people who may be targeted by newly elected President Donald Trump, according to multiple media reports Thursday.
Politico, CNN and USA Today all reported that senior White House officials are in serious discussions about seeking pardons for some of Trump’s political enemies amid concerns that he will file criminal charges against them. CNN reports that Biden administration officials and prominent lawyers are also involved in those discussions.
According to Politico, Biden is not yet involved in the talks, which are being led by White House counsel Ed Siskel.
The list of potential pardon recipients could include former Republican Wyoming Rep. Liz Cheney, who Trump has said should “go to jail”; California Democratic Senator Adam Schiff, who famously referred to Trump as “the enemy from within”; Anthony Fauci, the former head of the National Institute of Allergy and Infectious Diseases, who has spoken publicly to Trump about 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, changing his original pledge not to interfere in his criminal trial. ANDREW CABALLERO-REYNOLDS via Getty Images
Debates over the possibility of preemptive presidential pardons — which are rare but not unprecedented — have been going on for weeks, CNN reported. Some worry that its issuance could lead to more retaliation from Trump and his allies, but others feel a sense of urgency — especially since President-elect Kash Patel, who has vowed to pursue Trump’s critics, is his choice named 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 a preemptive pardon when HuffPost asked them about it on Thursday.
“I believe we have a system of laws that works, and everyone has to be held to the same standards, don’t you, and I think preemptive pardons – where does that end?” 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 open to the idea, saying he wouldn’t rule anything out during a second Trump term.
“We are living in a uniquely dangerous moment in which we could lose control of our democracy,” Murphy said. “So I’m generally open to whatever tools and techniques are available to prevent a democratic Armageddon early next year. I’m not saying yes or no to that. I’m just open to business when it comes to unique ways to save our democracy.”
Biden’s pardon for his son, who admitted to illegally owning a gun and evading his taxes, has already caused an uproar among Democrats, with some saying the move erodes Americans’ confidence in the justice system.
Biden, who once vowed not to pardon Hunter Biden, said he concluded his son was unfairly targeted.
“No reasonable person looking at the facts of Hunter’s cases could come to any conclusion other than that Hunter was singled out solely 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 obstructing police officers. , dozens of whom were injured.
