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President Joe Biden is weighing whether to issue sweeping pardons for officials and allies who the White House fears could be unjustly targeted by President-elect Donald Trump’s administration, a preemptive move that would be a novel and risky use of the president’s extraordinary constitutional power.
The deliberations so far are largely at the level of White House lawyers.
Biden himself has discussed the topic with some senior aides, according to two people familiar with the matter who spoke on condition of anonymity Thursday to discuss the sensitive subject.
No decisions have been made, the people said, and it is possible Biden opts to do nothing at all.
Pardons are historically afforded to those accused of specific crimes – and usually those who have already been convicted of an offense — but Biden’s team is considering issuing them for those who have not even been investigated, let alone charged. They fear that Trump and his allies, who have boasted of enemies lists and exacting “retribution,” could launch investigations that would be reputationally and financially costly for their targets even if they don’t result in prosecutions.
While the president’s pardon power is absolute, Biden’s use in this fashion would mark a significant expansion of how they are deployed, and some Biden aides fear it could lay the groundwork for an even more drastic usage by Trump. They also worry that issuing pardons would feed into claims by Trump and his allies that the individuals committed acts that necessitated immunity.
