As the end of his presidency looms, outgoing President Joe Biden is reportedly weighing an unprecedented legal move: granting preemptive pardons to key allies and officials. This measure aims to shield individuals who may be targeted by President-elect Donald Trump when he assumes office next month. The controversial step has ignited a fierce debate among legal experts, lawmakers, and the public.
What Are Preemptive Pardons, and Are They Legal?
Preemptive pardons are granted before legal proceedings have commenced against an individual. Though rare, they are constitutional, as affirmed by the Supreme Court’s 1866 Ex parte Garland decision. The ruling establishes that the president's power to pardon is “plenary,” extending to offenses at any stage—whether before prosecution, during trial, or after conviction. Historical precedents include Gerald Ford’s pardon of Richard Nixon after the Watergate scandal and George H.W. Bush’s pardon of officials implicated in the Iran-Contra affair.
However, Biden’s deliberation marks a stark departure from convention, as he considers protecting individuals not yet accused of crimes. According to sources cited by ABC News, potential recipients could include Dr. Anthony Fauci, Senator-elect Adam Schiff, and former Representative Liz Cheney—all figures who have drawn Trump’s ire.
A Nation Divided Over the Proposal
The debate over preemptive pardons highlights a growing rift among Democrats. Representative Brendan Boyle expressed strong support, urging Biden to issue “blanket pardons” to prevent vindictive actions from Trump. Boyle emphasized that such a move is essential, describing the threat as “no hypothetical.”
Conversely, Schiff, a possible beneficiary of the plan, voiced opposition. Speaking to NPR last month, Schiff argued that issuing preemptive pardons would appear defensive and unnecessary. "It risks undermining confidence in the judicial process," he warned.
Critics also argue that preemptive pardons could further polarize the nation and fuel claims of partisanship. However, proponents view them as a necessary safeguard in light of Trump’s rhetoric about targeting political opponents. Trump has repeatedly called for prosecuting figures like Cheney and has appointed Kash Patel as his FBI director, who has publicly hinted at pursuing investigations into Democratic officials.
Public Reaction: Divided Opinions Online
The news of Biden’s possible pardons has sparked intense reactions on social media:
- @Justice4All: “Biden is protecting democracy. Trump’s threats are not empty—they’re dangerous. Preemptive pardons are necessary!”
- @FreeSpeechFan: “This is absurd! Pardons before crimes? Biden is rewriting the rules to protect his friends.”
- @PoliticoGuru: “A bold move but risky. History will judge whether Biden’s strategy was wise or reckless.”
- @TrumpWarrior2024: “Biden’s cronies get pardons while Trump gets impeached for nothing. Hypocrisy at its finest!”
- @NeutralObserver: “Legally sound but politically volatile. This will set a precedent for future administrations.”
- @LawStudent123: “Preemptive pardons are constitutional, but they open Pandora’s box. This could backfire on Democrats in 2028.”
A Precedent or a Pandora’s Box?
If Biden proceeds, the move would likely fuel legal and political controversies. Critics caution that preemptive pardons could undermine trust in the justice system, while supporters contend they are a necessary defense against potential political retribution. As Trump prepares to take office, Biden’s decision could shape the political landscape for years to come.


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