President Joe Biden seems intent on demolishing his legacy.
For months, the Democrats begged him to drop out of the presidential race. He defied them until the 11th hour. Kamala Harris lost.
For years, capital punishment opponents pressed him to make good on his 2020 pledge to abolish the death penalty. In the past few weeks, they’ve been begging him to commute the death sentences of the 40 people on federal death row before Trump delivers them what Project 2025 icily calls “finality”. During his last term, Trump dispatched one woman and 12 men – more executions in six months than during the preceding 40 years.
Biden has not responded to the pleas of the condemned. Instead, he pardoned Hunter, granting his son immunity from prosecution for any crime he “has committed or may have committed” between 2014 and 2024. The pardon, which experts call unprecedented in scope, not only breaks another vow (and “cements his legacy as liar-in-chief”, Fox News gleefully reports). It also hands Trump cover to use the Department of Justice to shower mercy on his fellow crooks and assorted sycophants and ruin his foes.
And now Biden is considering preemptive pardons for the dozens of law-abiding public servants whom Trump is threatening with retaliatory criminal prosecution. Further abusing his office, tarring these people’s reputations with rumors of guilt, Biden is, in short, out-Trumping Trump.
At the start, Biden called himself a human rights champion. Speaking at the state department shortly after his inauguration, he proclaimed that “upholding universal rights, respecting the rule of law and treating every person with dignity” would be “the grounding wire of our global policy – our global power”. There was no asterisk indicating an exception for Palestine.
Yet since 7 October 2023, while Democratic opposition to the war in Gaza has grown to a majority, the Biden administration has drawn, and trampled, one line after another in Israel-Palestine’s sand. A year and a week into the war, on 13 October 2024, the US secretaries of state and defense – though, pointedly, not the president himself – signed a letter to the then Israeli secretary of defense Yoav Gallant threatening unspecified “implications for US policy” if Israel did not implement a list of “concrete measures” to end the starvation, disease and arbitrary displacement – to “reverse the downward humanitarian trajectory” in Gaza, “starting now and within 30 days”.
Thirty days passed. The conditions were not met. The Democrats lost the election, in some part due to disaffection over the war. Bernie Sanders brought a resolution to the US Senate floor to withhold military aid to Israel, citing US law prohibiting it to countries that use the weapons to commit war crimes. The White House quietly lobbied against the resolution, claiming that “disapproving arms purchases for Israel … would put wind in the sails of Iran, Hezbollah and Hamas at the worst possible moment”. With nearly 44,000 Palestinians killed and 2 million displaced, it was unclear when a better moment might be.
The next day, the international criminal court issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, Gallant and the presumed-dead Hamas leader, Ibrahim Al-Masri (known as Mohammed Deif), alleging the same war crimes and crimes against humanity that Sanders cited in support of his resolution.
And barely a week later, Biden asked Congress to approve a $680m arms package for Israel, which it did. The package included the weapons the Israel Defense Forces had been using to wipe out entire families, with no apparent military objective.
What else has the president been doing since the election to burnish his memory in the world’s eyes? He recognized National Family Week, National Apprenticeship Week and National Impaired Driving Prevention Month. He pardoned two Thanksgiving turkeys. And oh, yes, he brokered a ceasefire between Israel and Hezbollah in Lebanon, leaving the IDF undistracted from pulverizing every structure and living thing in Gaza.
Biden is capable of changing his mind. In 1974, for instance, he opined that he didn’t “think a woman has the sole right to say what should happen to her body”. In 1994, he boasted of his steadfast record – “no fewer than 50 occasions” – of voting against federal funding for abortion. He reversed that stance in 2019, and, running for president in 2020, promised to “protect women’s constitutional right to choose”. The candidate had noticed that states were “passing extreme laws” against abortion. “Circumstances have changed,” he said – again, too late.
There are a few explanations for this almost petulant farewell performance. Perhaps Biden is mad at the Democrats for pushing him aside. Perhaps Mr Nice Guy is the same obnoxious misogynist who interrogated Anita Hill during Justice Clarence Thomas’s 1991 confirmation hearings and declined to take testimony from three other women who alleged that Thomas had sexually harassed them too. Perhaps Biden is not really “driven” by human rights, as Politico’s Nasal Toosi concluded earlier this year, though he’ll tack them on if they don’t interfere with other realpolitik or economic goals.
Or perhaps he’s entered the later stages of dementia and, in the muddle, switched parties.
But the hell with explanations. The question is: now what? Circumstances have changed. Biden is a lame duck, free to do what he wishes. Trump is the next president. Biden’s legacy may be shot – and what’s not shot, Trump will shoot down or take credit for. But the president still has time to do the right things. He could start by saving a few, or a few thousand, lives.
Judith Levine is a Brooklyn journalist and essayist, a contributing writer to the Intercept and the author of five books
