More pardons coming? Biden White House debates preemptive pardons for officials targeted by Trump

WASHINGTON, DC - NOVEMBER 26: U.S. President Joe Biden delivers remarks from the Rose Garden at the White House on November 26, 2024 in Washington, DC. Biden spoke on the ceasefire agreement between Israel and Hezbollah. (Photo by Kevin Dietsch/Getty Images)

Senior aides in the Biden administration are engaged in discussions over issuing preemptive pardons to current and former officials who may face investigations under President-elect Donald Trump’s administration. This controversial measure aims to shield those who have drawn Trump’s ire, including prominent figures like Dr. Anthony Fauci and members of the January 6th Committee.

Concern over retaliation under Trump’s leadership

The deliberations stem from Trump’s repeated threats to pursue criticism upon reclaiming the presidency. His recent appointment of Kash Patel as FBI director, a figure who has vowed to take action against Trump’s detractors, has amplified fears among Democrats.

Among those potentially in line for preemptive pardons are former House member Liz Cheney and Senator-elect Adam Schiff, both members of the January 6th Committee. Trump has previously called for legal actions against Cheney and others, branding them part of the so-called “Deep State.”

WASHINGTON, DC – NOVEMBER 25: U.S. President Joe Biden motions to the audience after pardoning the National Thanksgiving Turkey Peach during a ceremony on the South Lawn of the White House on November 25, 2024 in Washington, DC. Peach, and the alternate turkey Blossom, were raised in Northfield, Minnesota, and continue a White House tradition going back to the Truman administration in 1947. (Photo by Andrew Harnik/Getty Images)

Internal debates over unprecedented pardons

White House officials, led by counsel Ed Siskel, are debating the legality and optics of granting pardons to individuals who have not been charged with any crimes. The move carries risks of appearing defensive and setting a controversial precedent, with some officials, including Schiff, publicly opposing the idea.

“I would urge the president not to do that,” Schiff said, adding, “I think it would seem defensive and unnecessary.”

Pressure from Democrats

Democrats are divided on the issue. Some, like Senator Ed Markey and Representative Brendan Boyle, argue that preemptive pardons are necessary to counter Trump’s potential abuse of power. Others are wary of the political implications, fearing it may feed into Trump’s narrative.

Markey likened the situation to Gerald Ford’s preemptive pardon of Richard Nixon, advocating for Biden to take similar action to protect officials from politically motivated prosecutions. Boyle warned that the time for caution is over, urging the president to act swiftly to prevent Trump from exploiting his power.

WASHINGTON, DC – NOVEMBER 25: U.S. President Joe Biden makes a fighting motion after pardoning the National Thanksgiving Turkey Peach during a ceremony on the South Lawn of the White House on November 25, 2024 in Washington, DC. Peach, and the alternate turkey Blossom, were raised in Northfield, Minnesota, and continue a White House tradition going back to the Truman administration in 1947. (Photo by Andrew Harnik/Getty Images)

Financial concerns and calls for broader clemency

Biden aides are also concerned about the financial toll potential investigations could take on those targeted, with many individuals bracing for six-figure legal bills. Some Biden appointees are reportedly considering lucrative private sector roles to prepare for possible legal expenses.

Meanwhile, House Democratic Leader Hakeem Jeffries has called on Biden to extend clemency beyond public officials, advocating for working-class Americans in the federal prison system who were harshly prosecuted for nonviolent offenses.

A decision with high-stakes

The White House has not commented on the internal discussions, but the issue underscores the tension and uncertainty in Biden’s final weeks as president. With Trump’s return to the White House raising the specter of political reprisals, Biden faces mounting pressure to protect his allies while navigating the risks of such unprecedented action.

Herbert Bauernebel

Herbert Bauernebel has been reporting from New York since 1999 and currently works for Bild.de, OE24 TV, and US Live. He also runs the news portal AmerikaReport.de. Bauernebel has covered nearly all major US events of the past quarter-century, including 9/11, Hurricane Katrina, Barack Obama’s election, Donald Trump’s surprise victory, the pandemic, last year’s election showdown, as well as natural disasters such as hurricanes and oil spills. He has also reported firsthand on international events, including the Asian tsunami, the Haiti earthquake, and the Fukushima disaster. He lives in Brooklyn with his family and holds degrees in communication and political science from the University of Vienna. Bauernebel is the author of a book about his experiences on 9/11, And the Air Was Full of Ash: 9/11 – The Day That Changed My Life.