Speculation abounds that President Biden might consider issuing sweeping preemptive pardons to shield anyone and everyone who has opposed President Trump. This concept seems rooted in an exaggerated and paranoid belief that a future Department of Justice would embark on a campaign to arrest, indict, and imprison half of Washington. This notion belongs in the same category as the Bogus Russian collusion theory or the apocalyptic claims about the end of the American Republic if Trump were to win.
According to some perpetually outraged anti-Trump commentators, these pardons could encompass prominent Democrats, such as Senator-elect Adam Schiff or California Governor Gavin Newsom, as well as individuals who served on the January 6th Committee. Republican dissenters, like former Congresswoman Liz Cheney, would also be on the list. Media figures from outlets such as The Washington Post, The New York Times, The Atlantic, MSNBC, and CNN might be included, alongside bureaucrats from the FBI, intelligence agencies, and figures like Dr. Anthony Fauci. Naturally, members of the Biden family—potentially even President Biden himself—could be among the recipients of such pardons.
Although there is no confirmation that Biden is planning such a sweeping move, some on the left are actively suggesting he consider it. The names and institutions floated as potential recipients indicate that the idea is circulating. Biden has neither publicly nor privately ruled out such pardons, leaving room to believe the possibility exists.
Most individuals who might receive these hypothetical pardons are neither accused of federal crimes nor under investigation. Some, however, may have skeletons yet to emerge.
What about the optics of such unnecessary pardons? Recipients would inevitably appear as if they have something to hide. Biden would tarnish their reputations for his own political benefit. While recipients could technically reject the pardons, doing so would add another layer of intrigue and suspicion, potentially casting Biden in an even more manipulative and corrupt light.
There’s also the matter of precedent. While past presidents have granted favors through pardons to family, friends, or donors, such instances have been relatively rare compared to pardons grounded in personal redemption or rehabilitation. No president, to date, has issued pardons en masse to individuals who aren’t indicted, convicted, under investigation, or plausibly facing criminal charges.
If these pardons were based purely on what Trump’s Justice Department might do in the future, they would represent the most blatantly partisan misuse of clemency power in history. Using pardons as a shield for partisan interests is a dangerous precedent far worse than isolated acts of favoritism.
Such mass pardons would also undermine the justice system, potentially allowing individuals who have committed undiscovered crimes to evade accountability. The broader implications for justice and public trust would be profound.
If Biden proceeds with this highly partisan and unorthodox plan, it would constitute an egregious abuse of power, shaking the very foundation of the pardon process. Some already advocate for limiting or abolishing the pardon power for presidents and governors, and such a move would fuel their arguments.
Biden’s presidency, already viewed by some as historically lackluster, could face further tarnishment. The pardon of his son Hunter Biden has already dented his legacy, as it not only spares Hunter from sentencing and a criminal record but also attempts to stymie ongoing investigations into the Biden family’s financial dealings during Joe Biden’s time as Vice President and President.
If Biden extends pardons to individuals who aren’t even remotely under investigation, purely out of speculative fear, he risks being remembered not just as a mediocre president but as a deeply corrupt one. Such a decision could turn his lame-duck presidency into what some might label a “daffy duck” administration.
And so, the debate stands.
