The outgoing president has called his successor’s intentions to prosecute political opponents “outrageous”
US President Joe Biden is considering issuing preemptive pardons for individuals who may be targeted by the incoming administration of President-elect Donald Trump.
Trump, who defeated Vice President Kamala Harris in the 2024 election, is set to return to the White House on January 20.
“There’s still consideration... but no decision,” Biden said with regard to potential preemptive pardons. “It depends on some of the language and expectations that Trump broadcasts in the last couple days here as to what he’s going to do,” he told reporters at the White House on Friday.
Biden withdrew from the 2024 presidential race in July after concerns arose within the Democratic Party following a June debate performance against Trump, which raised doubts about his viability as a candidate. He ultimately endorsed Harris, who lost the general election to the Republican candidate, Trump.
The president-elect has expressed intentions to prosecute perceived “enemies,” including Harris and “the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family.”
Trump also criticized Biden for pardoning his son Hunter in December. In a reversal of his pledge to not do so, Biden pardoned Hunter, who was convicted of tax evasion and gun charges and was set to be sentenced in December.
Trump called the decision a “miscarriage of justice,” while referencing the people who were jailed for the January 6 Capitol riots. “Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years? Such an abuse and miscarriage of Justice!” Trump wrote on Truth Social.
The president-elect also called for investigations into former President Barack Obama and Liz Cheney, a high-profile Republican critic of Trump.
Ahead of the November 2024 election, Trump threatened unprecedented prosecution for individuals he accused of potential election cheating. “Please beware this legal exposure extends to Lawyers, Political Operatives, Donors, Illegal Voters, & Corrupt Election Officials,” Trump posted on Truth Social. He previously claimed widespread fraud in the 2020 election.
Trump also stated last year that he would fire Jack Smith, the Justice Department’s special counsel overseeing criminal investigations into the Republican president-elect. Smith resigned on Friday.
Biden described Trump’s intentions to prosecute political opponents as “outrageous.”
Asked if he would pardon himself, Biden dismissed the idea, saying, “I didn’t do anything wrong.”
The president likely possesses the constitutional authority to issue broad preemptive pardons for federal offenses committed in the past, even if charges have not yet been filed. However, this authority does not apply to state crimes or future offenses. The types of pardons Biden might consider would generally fall within his executive power.