President Joe Biden is considering issuing sweeping pardons for officials and allies who may be unjustly targeted by the incoming Trump administration. This move, if executed, would be an unprecedented and risky use of the president's constitutional power.
The discussions are primarily happening among White House lawyers, with Biden himself engaging in conversations with senior aides on the matter. No final decisions have been made yet, and there is a possibility that Biden may choose not to proceed with preemptive pardons.
Traditionally, pardons are granted to individuals convicted of specific crimes. However, Biden's team is contemplating issuing pardons to individuals who have not even been investigated or charged. The concern is that Trump and his allies could initiate investigations that could harm the reputation and finances of their targets, even if no prosecutions occur.
Recipients of these potential pardons could include figures like Dr. Anthony Fauci, witnesses in Trump's legal proceedings, and Biden administration officials who have drawn the ire of the incoming administration.
Some former officials have proactively reached out to the Biden White House seeking protection from potential legal actions by the Trump administration. Biden's recent preemptive pardon of his son Hunter serves as a precedent for such actions.
While previous administrations have considered similar preemptive pardons, Biden could be the first to implement them. The move is seen as a way to prevent Trump from using legal actions against his perceived enemies.
Legal experts and critics have expressed mixed views on the preemptive pardons, with some seeing them as a necessary step to protect individuals from potential political retribution.
Aside from these preemptive pardons, the White House has indicated that more conventional pardons, such as those addressing sentencing disparities for federal crimes, are expected before the end of the year.