Joe Biden’s staff are considering the possibility of him granting mass pardons to a broad range of public officials to protect them against the possibility of retribution and revenge from Donald Trump when he assumes power, it has been confirmed.
The pardons could be extended to people who believe they have committed no crimes but have been publicly named by Trump in multiple diatribes claiming that investigations against him have been driven by a political witch-hunt.
Such an array of clemency to shield individuals from the possibility of partisan criminal investigations have no precedent in US history, despite many instances of politically contentious pardons – most notably Gerald Ford’s post-Watergate pardoning of his predecessor Richard Nixon in 1974 before he had been charged with any crime.
But the idea has gained urgency due to Trump’s repeated vows to seek revenge and rising alarm at his picks to fill strategic positions in the justice department and the FBI.
Kash Patel, the president-elect’s nominee to be FBI director, has identified 60 individuals he would pursue in a book, entitled Government Gangsters, published last year that purported to uncover members of a so-called “deep state” supposedly engaged in undermining Trump.
Among those under consideration for clemency – according to Politico, which first broke the story – are Adam Schiff, a California Democrat who managed the first impeachment of Trump; Liz Cheney, a former Republican Congress member who was vice-chair of the House of Representatives committee investigating the 6 January 2021 insurrection; and Dr Anthony Fauci, the former head of the government infectious diseases body that spearheaded the fight against Covid-19.
Trump has named Schiff as part of an “enemy within” and has said Cheney should face a military tribunal for her role in the January 6 investigation.
But many others could be eligible under the terms being considered by aides to Biden, who has not yet participated directly in the discussions, according to reports.
They include judges involved in the various trials that have ended in verdicts against Trump; the special prosecutor Jack Smith, who led the criminal investigation into January 6 and allegations of Trump illegally possessing classified documents; and numerous figures from Trump’s first administration who later turned against him.
The incoming president has also issued a thinly veiled threat against Gen Mark Milley, the former chair of the joint chiefs of staff, saying that he should be executed for “treason”. Milley has told the journalist Bob Woodward that he fears being recalled to uniform and facing court martial under a future Trump presidency.
Trump has also said police officers who defended the US Capitol from the January 6 attackers should be prosecuted, and those who invaded the building freed.
The discussion comes amid continuing fallout over the unconditional pardon granted by Biden last Sunday to his son Hunter, who was convicted of gun and tax evasion charges but faced the possibility of future investigation by Republicans who had previously accused him of illegal influence peddling.
Several Democrats have fiercely criticised that pardon, accusing the president of putting emotional considerations above the national interest and saying it sets a bad precedent.
Schiff, who will become a senator when the new Congress is sworn in in January, has publicly said he does not want a pardon.
“I would urge the president not to do that,” Schiff told Politico. “I think it would seem defensive and unnecessary.”
But allies of Biden express a different view. Jim Clyburn, a congressman from South Carolina and a longtime confidant of the president, told the New York Times: “I’ve seen Kash Patel saying who he’s going after, and so why should we not believe them?
“I think it will be less than an honorable thing to do to leave this office and not do what you can to protect the integrity of their decision-making, especially when they were carrying out these responsibilities as patriots to this country, doing the things that are necessary in pursuit of a more perfect union.”
Another Biden supporter, Brendan Boyle, a Pennsylvania House member, said: “The time for cautious restraint is over. We must act with urgency to push back against these threats and prevent Trump from abusing his power.”
Some Democrats are urging Biden to use his presidential pardon power to grant mass clemency to numerous non-violent drug offenders.
English (US)