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The Conversation
The Conversation
Politics
John Hart, Emeritus Faculty, US government and politics specialist, Australian National University

Why have Joe Biden’s preemptive pardons caused such a stir? A president’s pardoning power has few limits

On his last day in office, outgoing United States President Joe Biden issued a number of preemptive pardons essentially to protect some leading public figures and members of his own family from possible retaliation by Donald Trump. It was a novel and innovative use of the presidential pardon power.

Among others, the preemptive pardons were for:

  • retired General Mark Milley (former chair of the Joint Chiefs of Staff),

  • Anthony Fauci (Biden’s former chief medical advisor)

  • members of the House committee that investigated the January 6 2021 insurrection of the US Capitol, including Trump critic Liz Cheney (a former House member from Wyoming)

  • five members of his family, including his siblings.

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