President Biden and his aides are discussing preemptive pardons for figures ranging from Anthony Fauci to Liz Cheney amid increasing fears that President-elect Trump will go after them, according to reports. Seeing Trump's picks for law enforcement positions, many of whom have called for retribution against Trump's political foes, White House chief of staff Jeff Zients and White House counsel Ed Siskel are leading the effort to prepare potential pardons in case Biden decides to press forward, the Washington Post reports, adding it's not yet clear whether those being discussed for pardons want them.
"I would urge the president not to do that. I think it would seem defensive and unnecessary," Sen.-elect Adam Schiff told NPR last month, per Politico. Schiff, who led the first impeachment effort against Trump, is among those being discussed for preemptive pardons, alongside Fauci, the former NIAID director frequently criticized by Republicans for his response to the COVID-19 pandemic; Cheney, a Republican critic of Trump, who said she "should go to jail" and have guns "trained on her face"; and retired Gen. Mark Milley, former chairman of the Joint Chiefs of Staff, whom Trump accused of treason, the Post reports. Jack Smith, the outgoing special counsel who prosecuted Trump, is also under discussion, per the New York Times.
White House press secretary Karine Jean-Pierre told reporters to expect more pardons from Biden following the one he issued last week for his son, Hunter. A preemptive pardon before charges are brought is "largely untested," per the Post, though experts say the president's pardoning power under the Constitution would be difficult to challenge legally. Some Democrats feel broad pardons are an appropriate response to Trump and his aides' threats to target or prosecute his perceived enemies, while others worry Americans will get the impression of impropriety, only fueling Trump's criticisms. (More presidential pardon stories.)
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