Biden’s Preemptive Pardons: A Stand Against Partisan Politics

WASHINGTON — U.S. President Joe Biden exercised his constitutional authority on Monday to preemptively pardon several individuals, including relatives, just moments before Donald Trump was inaugurated as the 47th president of the United States.

Without mentioning Trump or the incoming administration directly, Biden expressed his belief in the rule of law while cautioning against the dangers of partisan politics. He highlighted the potential for retribution as a primary concern behind his decision to issue these preemptive pardons.

“I am optimistic that the strength of our legal institutions will ultimately prevail over politics,” Biden stated. “But these are exceptional circumstances, and I cannot in good conscience do nothing.”

Among those receiving pardons is General Mark Milley, Trump’s former Joint Chiefs of Staff. The political rift between Milley and Trump, which was publicly displayed during Trump’s first term, led to accusations of disloyalty from Trump’s supporters. Milley has previously labeled Trump a “fascist.”

Biden also pardoned members and staff of the Select Committee investigating the January 6th Attack on the U.S. Capitol, including former Republican Representative Liz Cheney. This action was taken in light of the “ongoing threats and intimidation for faithfully discharging their duties.”

The pardons extended to U.S. Capitol and Washington police officers who testified before the committee. Biden remarked, “The Select Committee fulfilled this mission with integrity and a commitment to discovering the truth.” He added, “Rather than accept accountability, those who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain, and seek revenge, including by threatening criminal prosecutions.”

Additionally, Biden preemptively pardoned his former chief medical adviser, Dr. Anthony Fauci, who retired in December 2023. Fauci and his family have faced threats from individuals opposing his COVID-19 pandemic measures, including mask mandates.

Historically, U.S. presidents have pardoned family members for specific criminal convictions. Biden pardoned his son Hunter Biden in December for gun and tax offenses, along with any offenses committed from January 1, 2014, to December 1, 2024. On Monday, Biden also extended pardons to other relatives not under investigation, including his brother James Biden, James’s wife Sara, his sister Valerie Biden Owens, her husband John Owens, and his brother Francis Biden.

“My family has been subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me — the worst kind of partisan politics. Unfortunately, I have no reason to believe these attacks will end,” Biden stated. “The issuance of these pardons should not be mistaken as an acknowledgment that they engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense.”

Biden’s preemptive pardons stand in contrast to his earlier views shared on December 3, 2020, regarding Trump’s potential wave of pardons before leaving office. In a conversation with CNN anchor Jake Tapper, Biden expressed concern over the precedent such actions would set and how it would affect the global perception of the U.S. as a nation of laws and justice.

Trump has indicated he would pardon many of his supporters involved in the January 6 Capitol attack, referring to them as “patriots” who were unjustly prosecuted.

Some information for this report came from The Associated Press and Reuters.