A preemptive pardon presents a complex situation. Four years ago, Rep. Matt Gaetz sought such a pardon but was unsuccessful, despite his efforts. Testimonies from two former aides of the Trump White House revealed that Gaetz pursued a pardon after learning he was under investigation by the Justice Department for sex trafficking, an inquiry initiated when Bill Barr served as Attorney General.
Other congressional members involved in the January 6 uprising also desperately requested broad protection from a beleaguered President Trump, who steadfastly refused to acknowledge his electoral defeat. Despite the nearly 150 pardons he granted during his presidency, including those for fervent supporters like Roger Stone, Paul Manafort, and Michael Flynn, he turned a deaf ear to their pleas.
Trump is well aware of the political landscape and has been vocal for months about leveraging government powers to retaliate against those he feels have wronged him. His choice for Attorney General, Pam Bondi, is a known election denier, is poised to lead efforts to cleanse the DOJ of staff members involved in prosecuting Trump, alongside misappropriating taxpayer resources to investigate supposed election fraud from 2020.
Trump has made threats against numerous foes, and he soon will have the authority to follow through on those threats.
Will President Biden intervene and utilize his pardon authority to protect an expanding list of individuals who are vulnerable to Trump’s menacing actions? These individuals will assert their innocence, and they are correct. Preemptive pardons are fraught with controversy, functioning as a “get-out-of-jail-free” card without actual wrongdoing. However, they are essential now that President-elect Trump is preparing for his revenge agenda.
In filings made on Monday, special counsel Jack Smith suggested dismissing the charges against Trump, including one linked to his conduct on January 6, 2021, and another pertaining to government documents he improperly took and refused to return.
Trump has gone so far as to claim Smith should be “thrown out of the country.” Republicans are united in seeking retribution for what they perceive as a politicized DOJ unfairly pursuing Trump on unfounded grounds. Prosecuting career lawyers who were merely fulfilling their duties is unlikely to uncover prosecutable misconduct, but that isn’t the primary concern.
The intent is to dismantle his adversaries. Reckless lawsuits and harassment can devastate lives as victims strive to gather the necessary resources for their defense.
This reality underscores the necessity of preemptive pardons. Before exiting the presidency, Biden should consider pardoning Liz Cheney, a courageous figure who has remained silent since the election, as well as Nancy Pelosi, a fearless leader and frequently targeted individual by Trump.
Add to this list two generals deserving pardons: Mark Milley, who has expressed fears of a possible recall to service for court-martial by Trump, and John Kelly, Trump’s longest-serving chief of staff, who has characterized Trump as a fascist. Also among those at risk are Adam Kinzinger, the former GOP congressman who was part of the 1/6 committee, and Senator-elect Adam Schiff, who oversaw Trump’s impeachment and is frequently ridiculed by Trump.
“Preemptively pardoning these individuals would indeed be an unconventional action, but incoming presidents rarely threaten prosecution of specific individuals from the prior administration—making this something Biden should contemplate seriously, despite the implications of a perceived admission of guilt,” states Jack Pitney, a political science professor at Claremont McKenna College.
Accepting a pardon can imply some degree of guilt, which might lead individuals who feel innocent to refuse it, believing they have committed no crimes. Those holding this perspective should heed Trump’s words; he has openly communicated his intentions. It’s wise to remain cautious.
“It’s difficult to envision Pam Bondi engaging in ideological discussions with Trump about what is inappropriate,” says Pitney. “She is likely to act according to Trump’s wishes.”
The philosophical debates will likely occur as Biden’s term draws to a close, urging him to consider preemptive pardons as a means to bolster his legacy. These actions are ethically justified, and not doing so would allow Trump unchecked authority, a message that Biden should not pass on to future generations.
