By In the face of growing apprehension over the possibility of accountability and investigations during a second Donald Trump administration, senior aides to President Joe Biden are locked in a contentious debate over whether to issue preemptive pardons to shield current and former officials who could become targets, according to a new report from Politico.
Biden recently granted a pardon to his son that stretched back eleven years for crimes that he “may have” committed.
The discussions, spearheaded by White House Counsel Ed Siskel and other top aides, reflect a palpable sense of unease within Democratic circles. Trump has openly declared his intention to hold political adversaries accountable, a rhetoric that escalated further with the appointment of Kash Patel, a loyal ally, to head the FBI. Patel has made no secret of his desire to reform the bureau and prosecute those who may have been protected before.
The White House officials allegedly are weighing “the extraordinary step of handing out blanket pardons” to those who have not yet been charged with crimes. The outlet writes:
Those who could face exposure include such members of Congress’ Jan. 6 Committee as Sen.-elect Adam Schiff (D-Calif.) and former GOP Rep. Liz Cheney of Wyoming. Trump has previously said Cheney “should go to Jail along with the rest of the Unselect Committee!” Also mentioned by Biden’s aides for a pardon is Anthony Fauci, the former head of the National Institute of Allergy and Infectious Diseases who became a lightning rod for criticism from the right during the Covid-19 pandemic.
The West Wing deliberations have been organized by White House counsel Ed Siskel but include a range of other aides, including chief of staff Jeff Zients. The president himself, who was intensely focused on his son’s pardon, has not been brought into the broader pardon discussions yet, according to people familiar with the deliberations.
The conversations were spurred by Trump’s repeated threats and quiet lobbying by congressional Democrats, though not by those seeking pardons themselves. “The beneficiaries know nothing,” one well-connected Democrat told me about those who could receive pardons.
What has some Biden aides particularly concerned is that even the threat of retaliation could prove costly to individuals because they’d be forced to hire high-priced lawyers to defend themselves in any potential investigation.
Anthony Fauci, particularly, could be a target of investigation. The head of the COVID response has been accused of lying to Congress about his role in the creation of the virus. In 2023, Senator Rand Paul referred Fauci for criminal indictment for his role in allegedly covering up funding that went to the Wuhan Institute of Virology.
The discussions have allegedly occurred without the presence of the president himself, who was caught falling asleep during a meeting in Africa on Wednesday, leading many wondering who’s actually in charge of the White House right now.
Historically, preemptive pardons are not without precedent. Gerald Ford’s pardon of Richard Nixon remains the most notable example, though it continued to be a source of controversy decades later. Within Biden’s circle, however, the issue has generated significant discord, Politico claims. Critics argue that issuing such pardons could erode trust in the administration, while proponents believe it might be the only safeguard against a wave of politically motivated prosecutions.
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