This is a sad state of affairs, indeed, when an outgoing administration is trying to throw a protective shield around individuals in order to protect them from an unstable demagogue who has vowed revenge and retribution. Politico reports that blanket preemptive pardons are being contemplated, in case Donald Trump was speaking literally when he said things like “Liz Cheney and all of the Unselect Committee belong in prison.” This is a new turn of events for America. Never before has an outgoing president felt he had to protect family members, members of both chambers of Congress, and members of former administrations from the wrath of an incoming president. This is not who we used to be as a people but it is clearly who we are today. And probably Jesse Watters will find this “hysterical” as well.
The White House is facing contradictory pressures from Capitol Hill. Some longtime Democratic lawmakers, like Sen. Ed Markey (D-Mass.), have talked favorably about the precedent of former President Gerald Ford’s preemptive pardon of Richard Nixon, issued before any charges were filed against the disgraced former president.
“If it’s clear by January 19 that [revenge] is his intention, then I would recommend to President Biden that he provide those preemptive pardons to people, because that’s really what our country is going to need next year,” Markey said on WGBH last week.
Rep. Brendan Boyle (D-Penn.), a close Biden ally who hosted the president in his district shortly before the election, issued a plea Wednesday for Biden to offer blanket pardons.
“This is no hypothetical threat,” Boyle said in a statement, adding: “The time for cautious restraint is over. We must act with urgency to push back against these threats and prevent Trump from abusing his power.”
Other lawmakers, I’m told, have been just as emphatic in private with Biden’s aides in calling for preemptive pardons.
However, some congressional Democrats, including those who may be in Trump’s political crosshairs, are uneasy about the idea of being granted a pardon they’re not seeking.
“I would urge the president not to do that,” Schiff said. “I think it would seem defensive and unnecessary.”
Cheney and Fauci did not respond to requests for comment.
Some senior Democrats I spoke with, however, wonder how many of those facing retribution are adopting a version of the vote-no-hope-yes mantra that often surrounds difficult legislative votes. Which is to say: Some may publicly oppose preemptive pardons, for reasons of innocence or precedence, while privately hoping the president offers legal protection.
The optics of this may not be great because a pardon carries a presumption that there is some wrongdoing which is being pardoned. But on the other hand, if it’s a choice between Trump’s wrath and protecting innocent people doing the jobs they were appointed to or elected to do, then it does make a lot of sense. It’s a better safe than sorry scenario.
I would personally hate to see the political equivalent of the Salem witch trials from taking place. That said, this is more grist for the mill on the abuse of the presidential pardon power — not that Donald Trump didn’t abuse it plenty when he had it before. But this sets up a scenario where massive abuse of the power could take place.
Another problem is that it is empowering to Trump that Biden pardoned his son in fear of Trump’s retribution via Kash Patel or some other lackey of Trump’s. On the one hand, yes, it ends that particular witchhunt conclusiviely, on the other hand it looks fearful on Biden’s part and so do these preemptive pardons.
This is a no win situation. But then we knew that the nanosecond Trump get reelected.
If official acts do not follow the logic of the law, they can only help to undermine the law by serving as precedent and openings for further garbage legal thinking. It is true that a presidential pardon is at the same time a concession that the peron pardoned was guilty of something. Hunter Biden was found guilty of something, not anything terribly serious, but something, iby a court of law. But Liz Cheney has done nothing illegal. But this would take it even a step further. If she is being pardoned, what exactly is she being pardoned for? For obeying her oath of office? For carrying out her constitutional duties? For protecting democracy?
Apparently the GQP believe all the people on the enemies list are guilty and must be punished. And they are talking about treason and what the punishment used to be – death. No, in reality they are not guilty. But we stopped living in reality earlier in November when the felon was “elected” and even before that when he was installed in residency the first time. So pardons are necessary to protect against an out of control, rabid madman drunk on power and dreams of retribution, war, murder, and who knows what else. Just my opinion.
What are you are describing is where they become a law unto themselves, complete autocracy, “whatever I say goes.” If they are really that hell-bent and out of control, no kind of pardon will make any difference anyway.
Under any kind of a normal legal system, if they were accused of whatever the prosecution plans to accuse them of, there would be no real case anyway, and the accused would have ample ability to defend themselves.
Trump is not even president yet, and he’s acting like the master of the universe. I think it’s precisely because he’s not yet president that he can put on this show. It’s a head fake. Not to minimize the perils of Trump as president, but once inaugurated, I think he will discover he’s not quite as powerful as he thinks he is.
That may be the key: to thank and commend X for recognising the duties required of their oath of office and for performing them dutifully and, in the light of this, to pardon them for any actions that others may deem contrary to this experience. X can then agree they acted with due diligence and in good faith though, being human, with possible imperfections.
That seems like a more workable approach. It’s certainly innovative.
By NOW, True Liberals have NO problem, with Blanket Pardon’s. Biden is still President & if he believes the pardons, would be in the “Best Interests of the People,” I agree! Biden, IMO, is one of the BEST President’s in recent History. Be FIERCE, my President!