• President Biden is considering preemptive pardons to shield individuals from potential future prosecutions, a departure from traditional pardons addressing past convictions.
• Potential recipients include figures like Liz Cheney and Anthony Fauci, amid concerns over political retaliation under Trump’s possible leadership.
• The move sparks ethical debate, with critics warning of risks to public trust and supporters arguing it could prevent politically motivated prosecutions.

President Joe Biden confirmed during a January 5 interview with USA Today that he is considering issuing preemptive pardons, a controversial move that could shield individuals from prosecution for charges not yet filed. This potential decision marks a departure from the typical pardons issued during presidential terms, especially those granted in the final days of an administration.

How Preemptive Pardons Differ

Unlike traditional pardons or commutations, which typically address past convictions or sentencing, preemptive pardons would act as a safeguard against future legal actions. Biden acknowledged that this concept remains under consideration, saying his decision depends partly on “who [Donald Trump] puts in what positions.” This statement reflects growing concern about the potential implications of Trump’s leadership as he prepares to take office again on January 20.

Biden has already utilized his presidential pardon authority extensively. Late last year, he pardoned his son, Hunter Biden, after federal gun charges and tax-related convictions. He also granted clemency to 39 others and commuted the sentences of about 1,500 individuals, including several on death row.

Political Context and Suggested Recipients

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The idea of preemptive pardons gained traction among some Biden supporters, who have urged him to protect figures like Liz Cheney and Anthony Fauci. Both individuals have faced criticism from Trump, with Cheney serving as vice chair of the House panel investigating the January 6 Capitol attack and Fauci navigating pandemic-related controversies.

During his USA Today interview, Biden expressed hesitation, noting that he previously advised Trump against settling political scores during their November 2024 meeting at the White House. According to Biden, the former president listened but gave no clear indication of his intentions.

Another name floated as a potential preemptive pardon candidate is Hillary Clinton. Her past controversies involving mishandled emails and opposition research tied to Trump have made her a target of Trump allies, including Kash Patel, Trump’s nominee for FBI director. However, Bill Clinton publicly opposed the idea of a preemptive pardon for his wife, stating, “I hope he won’t do that,” during a December television appearance.

Cheney Honored Amid Speculation

In a related development, Biden recently awarded Liz Cheney the Presidential Citizens Medal for her dedication to investigating the January 6 Capitol breach. At the ceremony, Biden highlighted Cheney’s “honor, decency, and commitment to democracy,” further cementing her reputation as a prominent figure in U.S. political history.

Ethical Questions and Broader Implications

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The prospect of preemptive pardons raises ethical concerns and political risks. Critics argue that such actions could erode public trust in the justice system, while supporters contend they might prevent politically motivated prosecutions. As Biden navigates this complex decision, it underscores the broader challenges of maintaining democratic norms during a highly polarized period in American politics.

What are your thoughts on the potential use of preemptive pardons? Should Biden move forward with this approach, or would it set a troubling precedent? We’d love to hear your perspective—leave a comment below to join the conversation.

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