FLASHBACK: Media attacked Trump for floating preemptive pardons in 2020 before Biden did so four years later
In the final hours of his presidency, Joe Biden shattered norms by issuing preemptive pardons, something the legacy media had demonized President Trump for after he allegedly floated them before leaving office in 2021.
Biden issued two rounds of pardons on Monday in hopes of them being drowned out by the events of Trump's Inauguration Day. The first round went to Trump critics like Dr. Anthony Fauci, Gen. Mark Milley, as well as January 6 Committee leaders former Rep. Liz Cheney, R-Wy., and Rep. Bennie Thompson, D-Miss. The second round, according just minutes before Trump was sworn into office, went to members of Biden's own family including siblings James Biden, Valerie Biden Owens and Francis Biden. Those pardons came weeks after the former president's wide-ranging pardon of his son Hunter.
Meanwhile, Trump himself faced scorn from the media after it was reported he was entertaining preemptive pardons following his defeat in 2020.
On Dec. 1, 2020, The New York Times ran the headline "Trump Has Discussed With Advisers Pardons for His 3 Eldest Children and Giuliani," alleging that the then-president was mulling "pre-emptive pardons" to Donald Trump Jr., Eric Trump, Ivanka Trump as well as his son-in-law Jared Kushner. The report even alleged that Trump was considering issuing pardons "for crimes they have not yet committed — essentially a prospective get-out-of-jail-free card."
Ultimately, Trump never issued pardons for his adult children nor Giuliani, but other news organizations followed the Times' lead.
"If you had to build a 2020 time capsule in advance, this is probably something that you would have invented to put into the 2020 time capsule," MSNBC star Rachel Maddow told viewers with a grin while holding up a copy of the Times report.
"The idea of a kind of prospective pardon, this sort of permanent federal Get Out of Jail Free card, That seems to be what we're talking about in the case of this, right?" Maddow's MSNBC colleague Chris Hayes said. "With Giuliani and his three eldest children, who, as far we know, have not been convicted of a crime. Maybe they've committed a lot and they don't want to face action. I don't know. It's weird. I wouldn't ask for a pardon. I don't think I deserve one because I don't think I've done anything criminal. But like, where does that come from? That concept you can just kind of wave your magic pardon wand?"
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CNN ran a similar report titled "The legal threats and headaches fueling pardon appeals from Trump’s family and friends," noting "Trump’s three eldest children have faced various legal entanglements" over the years, citing Don Jr. and Kushner's involvement in the Trump Tower meeting with Russians who claimed to have had dirt on Hillary Clinton during the 2016 election, which was investigated by Special Counsel Robert Mueller. Neither Don Jr. nor Kushner were ever charged with any crimes by Mueller.
"In our politics lead now, a source tells CNN that President Trump, the outgoing president, is discussing preemptive pardons for people close to him. That could include his three eldest children, Don jr. Ivanka and Eric, his son in law, Jared Kushner and his personal attorney, Rudy Giuliani, none of whom, as of this afternoon, have been even charged with. much less convicted of any crime," CNN's Jake Tapper said on air.
"Is the president now considering pardons for members of the Trump family, including himself? ABC News' David Muir teased at the beginning of "World News Tonight."
"Pardoning the presidents kids? Why President Trump and his top allies believe Ivanka, Jared, Don Jr, and Eric, could need what’s being called a preemptive pardon," Norah O'Donnell of "CBS Evening News" said to viewers.
NBC News ran the headline "President Trump has discussed possibility of pardons for family members, sources say," telling readers "One source said the conversations in recent days were within the context of a president who feels embattled, and not because Trump believes he or any of his family members had done anything illegal."
The Peacock network published a follow-up report asking "Could Trump pardon family members if they haven't been charged with crimes?" to which it answered "undoubtedly yes."
Washington Post columnist Philip Bump posed a similar question and answer, "How much protection can Trump offer his family with his pardon power? A lot."
"There’s not much risk to Trump in attempting to grant such a blanket pardon. He might issue a sweepingly broad pardon — say, giving Jared Kushner a pass on any federal crimes committed from the moment of his birth until the moment the pardon was issued — with the understanding that, should someone seek to prosecute Kushner, they would have to persuade a court to let them do so," Bump wrote. "They might be able to do that, particularly if the pardon is as vague as the one just mentioned. But, from Trump’s perspective, what’s the harm in trying? Particularly since there’s no accountability mechanism in place to prevent Trump from doing so."
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NPR also delved into Trump's legal powers with the story titled "Talk Of 'Preemptive' Pardons By Trump Raises Questions: What Can He Do?" featuring an image of Don Jr. at the top.
Vanity Fair was far more presumptive, running the headline "Of Course Trump Is Going To Pardon Jared, Ivanka, and Maybe Even Don Jr."
The liberal news blog Slate even speculated that Trump pardoning his children could "make him a bigger criminal target," writing "If Trump were to distribute such broadly worded pardons liberally among his circle, he would make them all subject to subpoena to testify about not only their own conduct, but his."
MSNBC and CNN went wall to wall hyping the narrative, even turning to then-Rep. Adam Schiff, D-Calif., who was just elected senator, to bash the president.
"Have you ever heard of somebody getting a preemptive pardon who was innocent of all crime, who's just an innocent person? Have you ever heard of that, just somebody getting a blanket pardon and they're an innocent person?" MSNBC's Joy Reid asked.
"No," Schiff responded. "It's the president's own family. It's people that have been covering up for the President, in addition to his own family."
"Would you see that… as essentially an admission of guilty?" CNN's Wolf Blitzer asked in a separate interview.
"I certainly would view it that way," Schiff told Blitzer. "I think millions of Americans would view it that way. If there was no belief in criminality, why would he think a pardon was necessary?"
After winning the 2020 election, Biden was asked about Trump's preemptive pardons during a sit-down with CNN's Tapper.
"Well, it concerns me in terms of what kind of precedent it sets and how the rest of the world looks at us as a nation of laws and justice," Biden told Tapper, later adding "you’re not going to see in our administration that kind of approach to pardons."