Biden Weighs Unprecedented Preemptive Pardons Ahead of Trump’s Presidency: A Bold Move or Pandora’s Box?

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As the transition of power looms, President Joe Biden is reportedly considering a bold and unconventional use of his presidential pardon power: issuing sweeping preemptive pardons to protect allies, officials, and even public figures from potential legal retribution under President-elect Donald Trump’s administration.

This unprecedented step, while entirely constitutional, would expand the traditional boundaries of presidential pardons and could set a controversial precedent.

Why Biden Might Act Preemptively

The discussions, according to insiders, stem from concerns that Trump, known for his calls for “retribution” against perceived enemies, might weaponize the justice system against those who opposed him. From infectious-disease expert Dr. Anthony Fauci to former Biden administration officials and witnesses in Trump-related trials, potential targets span a wide range of individuals who have crossed Trump or his allies.

Preceding this deliberation is Biden’s recent pardon of his son, Hunter Biden, for federal gun and tax offenses as well as any potential federal crimes over an 11-year period. The move was widely seen as a protective measure against anticipated legal action under Trump’s administration and could serve as a model for these new pardons.

How Preemptive Pardons Could Work

Typically, pardons are granted post-conviction or to individuals under investigation. Biden, however, is exploring issuing them broadly to individuals who may not have been charged—or even investigated. This would follow in the footsteps of Gerald Ford’s 1974 pardon of Richard Nixon, which was intended to prevent prolonged national discord over the Watergate scandal.

Legal experts, such as Richard Painter, a former ethics lawyer for President George W. Bush, have expressed reluctant support for the move. Painter suggests that preemptive pardons could clear the slate for Trump’s incoming administration, encouraging a focus on governance instead of revenge.

However, the move carries risks. Some fear it could inadvertently legitimize claims that those pardoned are guilty of crimes or invite Trump to escalate the use of pardons within his administration, encouraging unchecked behavior.

The Trump Factor: Retaliation and "Enemies Lists"

Trump has been vocal about his intent to seek retribution against his opponents, publicly naming figures such as Biden, Vice President Kamala Harris, and even former allies like Mike Pence and Mitch McConnell. Trump has amplified social media calls for jailing his adversaries and has hinted at military tribunals for supposed acts of treason.

Kash Patel, Trump’s nominee for FBI director, has already compiled a list of officials he wants to target, adding urgency to Biden’s potential pardon strategy.

A Risky Precedent

While Biden’s pardon power is constitutionally absolute, critics warn that deploying it in this way could set a dangerous precedent for future administrations. By broadening the scope of preemptive pardons, Biden could inadvertently open the door for successors to use pardons even more aggressively for political purposes.

Still, some argue that the stakes are too high to do nothing. If Trump uses pardons as a shield for illegal activities by his allies, the fallout could be more damaging than anything Biden preempts.

Conventional Pardons Still on the Table

Alongside these high-stakes deliberations, Biden’s administration has indicated it will continue issuing more traditional pardons, particularly for individuals convicted of non-violent federal offenses, as part of ongoing criminal justice reforms.

What’s Next?

With time running out, Biden must weigh the immediate need to protect his allies against the long-term implications of reshaping the scope of presidential pardons. Will this bold gamble safeguard his team or backfire, setting a precedent for even greater political misuse of executive powers?

The clock is ticking, and the nation watches as Biden faces one of the most complex and consequential decisions of his presidency.

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