Biden’s Preemptive Pardon Raises Questions About Trump’s Incoming Presidency
President Biden, facing criticism from his own party, has stirred controversy by pardoning his son, Hunter, for past legal issues. The move has ignited a larger debate about the expansive powers of a presidential pardon, particularly as Donald Trump prepares to return to the White House.
Biden, a staunch critic of the Department of Justice’s handling of his son’s case, citing it as a "miscarriage of justice," further inflamed tensions with Republicans who labelled it a blatant abuse of power. Democrats expressing concern about the decision fear it will undermine their efforts to counter Trump’s legal maneuvering once he re-enters the Oval Office.
This pardon comes at a sensitive time, with Democrats navigating a delicate line between pushing back against Trump’s legal strategies and maintaining Biden’s legacy.
The pardon marks a historic moment, as no president has ever granted such leniency to a family member. However, the act isn’t unheard of: Bill Clinton pardoned his brother Roger for drug charges, and Trump used his pardon powers extensively, notably for close associates like Charles Kushner and loyalists like Steve Bannon.
However, the imminent return of Trump to the White House has cast a long shadow over the future of pardons. The potential for safe havens granted to individuals entangled in the efforts to overturn the 2020 election hangs heavy. He has already amped up his rhetoric, aiming his ire at Biden, Harris, Pence, McConnell, and
Schumer, even calling for the jailing of these prominent figures.
This escalating tension has pushed some Democrats to consider preemptive pardons, mirroring past anxieties during Trump’s presidency. Senator Ed Markey even pointed towards a historic comparison, citing Gerald Ford’s controversial pardon of Richard Nixon in 1974 to help the nation move on from Watergate. While controversial at the time, many have since viewed it as a necessary measure to restore order.
Markey suggested a similar strategy, stating Barton’s pardon:
"I think that without question, Trump is going to try to act in a dictatorial way, in a fascistic way, in a revengeful first year at least of his administration toward individuals who he believes harmed him.”
. Leaving office in January, Biden now holds the immense power to grant clemency to potentially hundreds of people. Some Democratic lawmakers are raising their voices, urging Biden to pardon broad ranges of Americans impacted by the justice system. Representative Ayanna Pressley, among others, has requested Biden use his power to address "longstanding injustices" by extending clemency to the elderly and those on death row, addressing sentencing disparities, and protecting women who have suffered at the hands of the legal system.
"We encourage you to use your clemency powers to help broad classes of people and cases, including the elderly and chronically ill, people with unjustified sentencing disparities, and women who are victims of domestic violence," they wrote.
As Biden strums this complex note, leaving behind a legacy hinged on both protection and reform, his choice looms large. One could imagine this decision become entangled in history the same way that Nixon’s provided Biden w/ an opportunity ("We’ll never forget that." — Joe Biden) last fall on the anniversary of the attack.
Only time will tell how these choices play out.
