In a dramatic and controversial exercise of executive authority, outgoing U.S. President Joe Biden granted pardons to an unparalleled number of individuals, including members of his immediate family and several high-profile officials, mere hours before leaving office. This unprecedented move has sparked widespread debate, with many praising it as a necessary measure to protect against politically motivated attacks, while others, including his successor Donald Trump, have vehemently criticized it as an abuse of power.
An Unmatched Clemency Decision
No president in recent U.S. history has used the power of clemency as expansively and controversially in their final moments in office as Joe Biden. Those pardoned include Biden’s brothers James and Frank Biden, his sister Valerie Biden, and their respective spouses. This marked the first time in American history that a president has granted such clemency to multiple members of their own family.
Beyond family members, Biden also extended pardons to prominent political and administrative figures, including:
- Liz Cheney, Republican Congresswoman and outspoken critic of Trump, who served on the Congressional Select Committee investigating the January 6 Capitol attack.
- General Mark Milley, former Chairman of the Joint Chiefs of Staff, who faced criticism from Trump during his tenure.
- Dr. Anthony Fauci, former White House Chief Medical Advisor, who became a controversial figure during the COVID-19 pandemic.
Additionally, all members of the Congressional Select Committee investigating the January 6 Capitol riot, who faced the threat of legal action from Trump, were granted clemency.
The Motivation Behind Biden’s Actions
According to sources close to Biden, the outgoing president was deeply concerned about potential retaliatory investigations by Trump, who had already announced the appointment of a special prosecutor to scrutinize Biden and his family members.
In his statement, Biden justified the pardons by stating:
“My family has been subjected to relentless, baseless attacks designed to harm me through them. This is a reflection of the worst kind of partisan politics. Unfortunately, I see no indication that these attacks will stop once I leave office.”
Biden’s inner circle reportedly advised him to act swiftly, fearing the financial and reputational damage prolonged investigations could inflict on those targeted, even if they were ultimately exonerated.
The Broader Legal Context
The U.S. Constitution grants the president wide-ranging authority to pardon individuals for federal crimes. While this power has historically been used to offer clemency to convicted individuals, it also allows the president to pardon individuals preemptively, even before charges are filed.
Biden’s decision to extend such preemptive pardons, particularly to family members and political allies, has reignited debates about the ethical and constitutional limits of this power. Legal scholars and political analysts have noted that while Biden’s actions are within his rights as president, they could set a controversial precedent.
Criticism from Donald Trump and Others
Unsurprisingly, Donald Trump, who has a history of publicly clashing with Biden, was among the first to criticize the decision. In a message to NBC reporter Kristen Welker, Trump described the pardons as “disgraceful” and accused Biden of protecting individuals who, according to Trump, committed serious offenses.
Trump had previously threatened legal action against some of the individuals Biden pardoned, including members of the January 6 committee. This context has fueled speculation that Biden’s move was not only a protective measure but also a political statement.
Reactions and Public Debate
Public reaction to Biden’s sweeping pardons has been polarized. Supporters argue that the pardons were necessary to shield individuals from what they describe as politically motivated vendettas. Critics, however, have labeled the move as an overreach of executive power and questioned the ethical implications of granting clemency to family members.
Legal experts have also weighed in, with some warning that Biden’s actions could erode public trust in the presidency. Others argue that the unique circumstances of Trump’s impending return to power justified the unprecedented use of clemency.
A Legacy-Defining Moment
Joe Biden’s last-minute pardons have undoubtedly added a complex layer to his presidential legacy. While his administration was marked by significant policy achievements, this dramatic and controversial move may overshadow other aspects of his tenure.
Whether these pardons will be remembered as a bold act of protection against political persecution or a misuse of presidential power will likely depend on how the political and legal narratives unfold in the years to come. One thing remains certain: this unprecedented decision has left an indelible mark on American political history.
