Biden Doesn’t Rule Out Giving Preemptive Pardons To Trump’s Foes Before Leaving Office
Key Facts
Biden was asked about reports suggesting he is considering issuing preemptive pardons to people Trump has targeted—like former Rep. Liz Cheney and public health official Anthony Fauci—and the president did not deny the rumors, just saying that “a little bit of it depends on who [Trump] puts in what positions.”
When USA Today confirmed that meant he “[hasn’t] decided yet” whether to issue the pardons, Biden responded, “Well, no, I have not.”
It’s unclear what Biden meant by his comment about being dependent on Trump’s positions, as the interview took place after Trump had already named key appointments to roles that would oversee any prosecutions of Trump’s political enemies, naming former Florida attorney general Pam Bondi as attorney general and former national security official Kash Patel—who has vowed revenge on Trump’s opponents—to lead the FBI.
The president also suggested his pardon decisions would be based on whether Trump vows to go after his political foes—though he declined to give the specific conditions on the record, telling USA Today, “I think there are certain people like, if he were to, I don't want to name their names,” before proceeding off the record with his conditions for issuing pardons.
Biden said he warned Trump not to go after his political enemies like Trump has said he plans to, telling USA Today he “tried to make it clear that there was no need” for Trump to get revenge, “and it was counterintuitive for [Trump’s] interest to go back and try to settle scores.”
The president said Trump “just basically listened” in response and did not “reinforce” his plans to go after his enemies.
What To Watch For
Biden has up until Trump’s inauguration on January 20 to issue pardons, if he chooses to do so. In addition to weighing preemptive pardons for people that Trump has targeted, Biden told USA Today he also plans to issue more “traditional” pardons before leaving office, like to low-level drug offenders. The president has already issued a slew of pardons and commutations before leaving office, granting clemency to nearly 1,500 on December 12 alone.
Who Could Biden Pardon?
It’s unclear who specifically Biden could preemptively pardon before leaving office. While USA Today specifically suggested Cheney and Fauci to Biden, Trump has a long list of people whom he has publicly threatened with prosecution—despite there being no evidence they’ve committed any crimes—including Vice President Kamala Harris, former President Barack Obama, former House Speaker Nancy Pelosi, D-Calif., Sen. Adam Schiff, D-Calif., and prosecutors who have brought cases against Trump like Special Counsel Jack Smith and Manhattan District Attorney Alvin Bragg. Trump has also suggested he wants to go after nonprofit organizations that have supported undocumented immigrants, and broadly said he wants to prosecute anyone whom he believes “cheated” in the election, including “Lawyers, Political Operatives, Donors, Illegal Voters, and corrupt Election Officials.” Trump has also publicly suggested Biden should be criminally investigated, though the president is unlikely to try and pardon himself, particularly given guidance the Justice Department issued during the Watergate scandal saying presidents can’t pardon themselves.
Will Trump Go After His Political Enemies?
It’s still unclear what Trump will do once he takes office, though the president-elect has publicly vowed to get “retribution” against his enemies. Trump appointed Patel to lead the FBI after Patel has long vowed to go after people on the left who have opposed Trump and his allies. NBC News reports his appointment has sparked fears among current and former DOJ and FBI officials that Patel will criminally investigate Trump’s foes—and potentially them, as Patel has previously said he wanted to prosecute anyone at the FBI who has “in any way abused their authority for political ends.” It’s less clear what will happen at the Justice Department more broadly, as Bondi—while a longtime ally of the president-elect—has not been outspoken about going after his opponents. Bondi’s nomination came after Trump first nominated former Rep. Matt Gaetz, R-Fla., , who made comments suggesting he planned to use the position to go after Trump’s foes. Gaetz withdrew his nomination amid allegations of sexual misconduct, which he has denied.
Biden Defends Pardoning Hunter Biden
Biden’s consideration of preemptive pardons comes after the president has already pardoned his son Hunter Biden, whom Republicans have long targeted and who could have been investigated during a second Trump presidency. The president garnered widespread criticism for pardoning his son after previously saying he would not do so, but defended his choice in his interview with USA Today. “I meant what I said when I was asked whether I was going to pardon my son,” Biden said about his previous comments denying he would pardon Hunter. The president suggested he came to believe Hunter was unfairly targeted, citing the fact his son—who was found guilty for illegally purchasing and possessing a gun and pleaded guilty to federal tax charges—fully paid his taxes, even if he did so late, and returned a gun after it was only briefly in his possession. “No one's ever been tried for that,” Biden said about the charges his son faced. “That's why I stepped in, because of the nature of the way [Hunter was targeted].”
Tangent
Biden also addressed concerns about his age and fitness to be president in his interview with USA Today, responding, “Who the hell knows?” when asked whether would have had the “vigor” to serve a second term. “So far, so good. But who knows what I'm going to be when I'm 86 years old?” the president continued. Biden said when he initially ran for president, though he believed he “had the best chance of beating” Trump. “I also wasn't looking to be president when I was 85 years old, 86 years old. And so I did talk about passing the baton.” The president maintained his belief that he could have beaten Trump in November had he not dropped out of the race, however, telling USA Today, “It's presumptuous to say that, but I think yes” when asked if he could have won the election, citing polling at the time.
Comments
Post a Comment