Summary
In his final hours as president, Joe Biden issued preemptive pardons to Dr. Anthony Fauci, retired Gen. Mark Milley, and members of the Jan. 6 Committee, aiming to shield them from potential retaliation by the incoming Trump administration.
Trump has hinted at targeting those who opposed him or investigated his actions.
Biden stressed that the pardons do not imply wrongdoing but protect reputations and finances from politically motivated investigations.
This unprecedented move reflects concerns about threats to democracy under Trump’s return to power.
Here’s the thing. All things considered, I believe it was the right thing to do and probably the best option available given the circumstances, but a part of me still thinks that this just might end up making things worse.
I’m not even convinced that these things will hold. We have already learned that just because it says so in the Constitution doesn’t mean this Supreme Court will abide by it, as they’ve already hand-waived away several Constitutional protections already and have essentially turned the Constitution into a very old piece of paper with guidelines that can be ignored when inconvenient.
Given this President and this Supreme Court, I could easily see the Supreme Court either spinning all new powers of “judicial review” when it comes to pardons all for itself out of thin air, or just saying that pre-emptive pardons aren’t a thing and are therefore invalid. And when the precedent of Nixon’s pardon is brought up, they could just say that it would have been struck down too had it been challenged. Or at least, they would have struck it down. Easy to say because Nixon’s dead and it’s moot one way or the other, so it’s easy to twist it to their advantage.
And since accepting a pardon comes with the implication of guilt, the right wing conspiracy theorists are going to have a field day showing how this “proves” that Fauci, Milley, etc. are all guilty and should be prosecuted anyway. (“Even though the Biden pardons were all ruled invalid, the fact that these defendants had accepted them comes with the implication of guilt. That implication is not Constitutionally protected and therefore can be used against them in future prosecutions.” – This Supreme Court, probably, in the near future.) This will also lead to a groundswell of support from the rubes who will continue the march to dictatorship with thunderous applause as they start demanding that these people be prosecuted anyway, using their acceptance of the pardons in the first place as “proof” that they were right all along, these people were committing crimes, and they knew it.
Of course, if and when Trump writes his own pardon, the courts will gladly carve out an exception that applies only to Trump. His cronies may go to jail, but we all know what Trump thinks of his cronies once they stop being of use to him.