Last month, Joe Biden issued a broad pardon for his son Hunter that not only spared him sentencing on gun and tax charges but also barred his prosecution for any federal crimes he might have committed from January 1, 2014, through December 1, 2024. On his way out the door today, Biden granted similarly sweeping pardons to Gen. Mark Milley, former chairman of the Joint Chiefs of Staff; Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases; and all nine members of the House select committee that investigated the January 6, 2021, riot at the U.S. Capitol, plus the committee's staff and Capitol Police officers who testified before it. He also issued preemptive pardons for five of his relatives: three siblings, a brother-in-law, and a sister-in-law.
According to Biden, all of these pardons are aimed at preventing President Donald Trump, who took his second oath of office today in the same building that his supporters invaded and vandalized four years ago, from retaliating against his political enemies by launching frivolous criminal investigations. But in seeking to stop Trump from abusing presidential powers, Biden stretched the limits of those powers and set a dangerous precedent that undermines the rule of law and the accountability of federal officials.
Under Article II, Section 2 of the Constitution, the president has plenary power to "grant reprieves and pardons for offenses against the United States, except in cases of impeachment." In the 1866 case Ex parte Garland, the Supreme Court held that "the power thus conferred is unlimited, with the exception stated." That power, the Court said, "extends to every offence known to the law" and "may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency or after conviction and judgment." Although pardons typically are granted after convictions, in other words, presidents may issue them in cases where no charges have yet been filed, provided the underlying conduct predates the pardon.
