Senate Democrats are considering if President Joe Biden should grant preemptive pardons before he leaves office, to protect those who might face retribution from President-elect Donald Trump. This discussion is sparked by Trump's threats on the campaign trail to target his political opponents, whom he calls “enemies from within. ” His nominations for attorney general and FBI director have fueled concerns, as they have echoed Trump's promises to prosecute his political foes.

A Senate Democratic aide, who asked to remain anonymous, confirmed that these talks are happening. “How could they not, given all the threats Trump has made? ” they said. Trump has publicly called for the jailing of several prominent figures, including members of Congress, the special counsel, and New York’s attorney general. He has also targeted former top officials and members of Congress.

Senator Ed Markey from Massachusetts has already suggested that Biden consider preemptive pardons. “If Trump plans to act dictatorially, these pardons could be crucial, ” he stated. Markey referred to Gerald Ford’s pardon of Richard Nixon to illustrate his point. Not all Democrats agree, though. Some, like Senator Tim Kaine, advise against it, while others, like Senator Joe Manchin, believe Trump should be pardoned to maintain balance.

Outside of Congress, Democratic strategists worry about the optics of such pardons, noting that no one threatened has been charged. “Is more politicization of the Justice Department a good idea? No, ” said a longtime strategist.

Should Biden Use Preemptive Pardons to Shield Trump’s Targets?

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