Biden’s Risky Move to Issue Preemptive Pardons for Allies to Block Trump’s Retribution

President Joe Biden is reportedly contemplating a bold and controversial move: issuing sweeping pardons for officials and allies who could be targeted by President-elect Donald Trump’s administration. This preemptive action, which would tap into the president’s extraordinary constitutional powers, could redefine how pardons are granted, making it a game-changing and risky strategy.

Currently, the discussions are happening behind closed doors, mainly with White House lawyers. According to sources familiar with the matter, Biden has personally discussed the possibility with key aides. However, no final decision has been made, and it’s still possible that he may choose not to pursue this course of action at all.

The pardon power has traditionally been used to absolve individuals of crimes they’ve already been convicted of, but Biden’s team is considering a more expansive approach. The proposed pardons could extend to individuals who haven’t even been investigated, let alone charged. The concern is that Trump and his allies, known for creating “enemies lists” and pushing for political retribution, might initiate investigations that could be financially and reputationally damaging, even if no formal prosecutions occur.

Although the president has broad pardon authority, using it in this preemptive manner would be unprecedented. Some aides worry that this could open the door for future administrations, including Trump’s, to push the boundaries of this power even further. Moreover, granting such pardons could inadvertently fuel claims from Trump’s camp that the individuals in question were guilty of acts that warranted immunity.

Among those who could potentially benefit from these pardons are Dr. Anthony Fauci, the prominent infectious disease expert, who has faced backlash from conservatives for his handling of the COVID-19 pandemic. Others include individuals involved in Trump’s legal troubles and Biden administration officials who are likely to face scrutiny under the incoming president.

Some former officials have already reached out to Biden’s White House, hoping to secure protection from potential legal jeopardy under Trump’s administration. This mirrors Biden’s earlier decision to pardon his son, Hunter Biden, for his federal gun and tax violations, as well as for any potential federal offenses committed during an 11-year period. This set a precedent for broader pardons, which could now extend to others Biden’s team fears might become targets.

While Trump had considered similar pardons for his allies and supporters in the wake of the January 6 Capitol riot, none materialized before he left office. Biden could become the first president to actually issue preemptive pardons of this nature.

The idea is reminiscent of Gerald Ford’s 1974 pardon of Richard Nixon, following the Watergate scandal. Ford’s decision to grant a “full, free, and absolute pardon” to Nixon was based on the belief that a lengthy trial would further divide the nation.

In recent years, Trump has expressed his desire for revenge against those he views as enemies, from government officials to former allies who may have crossed him. His rhetoric has stirred concerns about potential politically motivated prosecutions, which is likely why Biden’s team is considering this radical course of action.

Some legal experts, like Richard Painter, a former White House ethics lawyer, have voiced support for Biden’s consideration of sweeping pardons. Though not an ideal solution, Painter argued that such a move could clear the path for the incoming president to focus on governance rather than political retribution.

While the broader scope of these preemptive pardons remains uncertain, Biden is expected to grant more conventional pardons—likely addressing federal sentencing disparities—by the end of the year. But the question remains: Will Biden take the unprecedented step of protecting his allies from a potentially vengeful Trump administration? Only time will tell.