As the 2024 U.S. Presidential Election campaign continues to build up, President Joe Biden is said to be mulling over a drastic decision: unconditional preemptive pardons for those considered political rivals of former President Donald Trump. In its infancy, the discussion has been met with concern, support, or confusion in equal measure among political circles.
Sources close to the Biden administration reveal that the president has contemplated this controversial option as a way of addressing growing concerns over politically motivated prosecutions and legal retribution in case of a second Trump administration. The apparent ‘pardonees’ under this proposal are those who have publicly been critical of Trump or possibly those enlisted in the various probes related to his actions during, in, and after the presidency.
This proposal is perceived to be a response to growing fears that Trump if he returns to the Oval Office, may retaliate against his detractors through legal or some punitive measures. In the past, Trump has hinted time and again at utilizing the justice system to target those who opposed him, including during his tenure in office when he hinted at prosecuting political adversaries.
The use of preemptive pardons, however much it may not be an unprecedented concept, would mark a significant departure from the traditional use of executive clemency. Preemptive pardons are generally awarded to individuals before conviction of a crime. The possibility of using such pardons for political purposes raises a host of concerns about legality and ethics.
Biden’s camp has kept largely mum on the possibility of granting such pardons, with some aides saying it is just one of several options being considered to ensure political stability and protect democracy. “This is not about choosing sides in an election,” said one anonymous source. It’s about ensuring that those who are standing up for the rule of law and democracy are not targeted in ways that undermine the very foundation of our system.
However, the idea has faced sharp criticism from many quarters. Republicans have accused Biden of overreach, warning that such pardons would be seen as an effort to sidestep accountability and erode the justice system’s integrity. “This is a dangerous precedent,” said a senior GOP strategist. “It would send a message that political loyalty is more important than justice.”
But some lawyers argue that, in such circumstances, pardons could be necessary as a hedge against political retribution. “If the president thinks that his opponents may suffer spurious legal action, then preemptive pardons may look like a way to uphold democratic values and defend people just doing their jobs,” says a professor of constitutional law.
The proposal will likely remain a topic of intense discussion during the following months as the 2024 election approaches. Whether the idea will go forward by Biden or die, one truth is sure: the political landscape in the U.S. has become more polarized than ever before, with each side preparing for an election that may define the future of American democracy.
At the moment, Biden has not issued statements that will be termed as statements about the pardons, although just the mention of a possibility shows the deep rift and the high-stakes nature of the election.
