President Joe Biden’s senior aides are deliberating whether to issue preemptive pardons to current and former public officials who could be targeted by the incoming Trump administration, though Biden has yet to decide, according to sources.
The discussions revolve around granting pardons to individuals who have not committed crimes, raising questions about the precedent such actions would set. While Biden is aware of the ongoing conversations, he has not actively participated, a senior White House official said. Any final decision would rest with him.
The talks have gained momentum following Biden’s controversial pardon of his son, Hunter Biden, on Sunday, despite previous statements that he would not do so. Trump’s FBI Director pick, Kash Patel, has pledged retribution against Trump critics, intensifying concerns within the administration.
Among those reportedly under consideration for preemptive pardons are former Republican Rep. Liz Cheney, a prominent Trump critic; Dr. Anthony Fauci, who led Biden’s COVID-19 response; California Senator-elect Adam Schiff, who spearheaded Trump’s first impeachment; and retired Gen. Mark Milley, the former Joint Chiefs of Staff chairman.
The process is being overseen by White House Chief of Staff Jeff Zients and White House counsel Ed Siskel. A White House spokesperson declined to comment. “The question right now is whether those being considered for pardons actually want them,” one source noted.
Press Secretary Karine Jean-Pierre recently told reporters to expect additional pardons from Biden before his term ends.
While the U.S. Constitution grants presidents broad pardon authority, the legality and implications of preemptive pardons for uncharged offenses remain largely untested.
The internal debate underscores concerns about potential retribution from Trump’s administration and the broader implications of Biden’s final decisions on clemency.
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