Unpacking Biden’s Preemptive Pardons: A Deep Dive Into an Unprecedented Political Climate

In a surprising move that reflects the climate of our times, President Joe Biden has issued preemptive pardons to a number of individuals, including family members, public servants, and lawmakers. This unprecedented step, taken hours before the end of his four-year term, has sparked a conversation about the current political landscape and the threats faced by those in public service.
Among the pardoned are retired Gen. Mark Milley, Dr. Anthony Fauci, and members and staff of the Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Capitol and D.C. Metropolitan Police officers who testified before the committee were also included. In his statement, Biden expressed his belief in the rule of law and his optimism for the strength of our legal institutions over politics, stating, “Even when individuals have done nothing wrong — and in fact have done the right thing — and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.”
Among those receiving preemptive pardons were Maryland residents Rep. Jamie Raskin (D-8th), who served on the Jan. 6 committee, and former U.S. Capitol Police Office Harry Dunn, who testified before the panel about that day. Both expressed sadness over the necessity of these pardons. “It’s a sign of our strange times that public officials and public servants have to be pardoned just for doing their jobs and upholding their oath of office and upholding the law,” remarked Raskin.
The pardons come in response to the threats of retaliation by incoming President-elect Donald Trump. Recently, Trump accused Rep. Bennie Thompson and former Rep. Liz Cheney of lying and called for their imprisonment. The two had led the panel that investigated the Capitol attack on Jan. 6, 2021, an episode that saw a violent mob of Trump supporters assault over 140 police officers and cause millions in damage to the Capitol.
Trump has also promised to pardon those convicted on or pleaded guilty to charges related to the attack, calling them “hostages,” “patriots,” and “warriors.” The retired Gen. Mark Milley, who served as chair of the Joint Chiefs of Staff during Trump’s first administration, and Dr. Anthony Fauci have also been targets of Trump’s threats.
Just before Trump took his oath of office, Biden also announced preemptive pardons for his siblings and their spouses. This includes James B. Biden, Sara Jones Biden, Valerie Biden Owens, John T. Owens, and Francis W. 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 said in a statement.
These preemptive pardons, while unorthodox, reflect the increasingly hostile political climate in the United States. They serve as a cautionary tale about the state of our democracy and the challenges faced by those who choose to serve the public. As our nation moves forward and grapples with the events of recent years, these pardons will likely continue to be a topic of heated discussion and analysis.