Senior aides to President Joe Biden are deliberating the issuance of preemptive pardons for individuals such as Dr. Anthony Fauci, Sen.-elect Adam Schiff (D-CA), and former Rep. Liz Cheney (R-WY). This consideration arises from apprehensions that the incoming administration of President-elect Donald Trump may pursue legal actions against these figures, who have been prominent critics of Trump.
The discussions, led by White House counsel Ed Siskel and Chief of Staff Jeff Zients, have not yet involved President Biden. The primary concern is that issuing pardons to individuals not currently charged with any crimes could imply wrongdoing and potentially validate criticisms from Trump and his supporters. Additionally, there is uncertainty about whether the recipients would accept such pardons, as acceptance might be perceived as an admission of guilt.
Dr. Fauci, the former Director of the National Institute of Allergy and Infectious Diseases, has faced allegations from Republicans of mishandling the COVID-19 pandemic and providing misleading information to Congress. Sen.-elect Schiff, a former House Intelligence Committee Chairman, was instrumental in the investigations into alleged Russian interference in the 2016 election and the first impeachment of Trump. Former Rep. Cheney, a Republican, was a vocal critic of Trump and served as vice-chair of the House committee investigating the January 6 Capitol riot.
The contemplation of preemptive pardons follows President Biden’s recent full pardon of his son, Hunter Biden, absolving him of offenses committed between January 1, 2014, and December 1, 2024. This action has sparked debate and raised questions about the potential for further pardons.
Some Democratic lawmakers, including Senator Ed Markey (D-MA), have advocated for preemptive pardons to protect individuals from anticipated retaliatory actions by the forthcoming Trump administration. Markey expressed concerns that Trump might act in a “dictatorial” and “revengeful” manner toward those he perceives as adversaries.
The Biden administration is carefully evaluating the legal and political ramifications of issuing such pardons. The decision holds significant implications for the individuals involved and the broader political climate as the nation approaches a transition of power.