Biden’s pardons raised eyebrows, but Trump’s insulted justice itself
“If you can’t do the time, don’t do the crime.”
That old adage failed to take account of the crimes of those on the correct side of the political aisle. The days of personal accountability are all but a memory for those with ties to the American president. Today, the adage might more accurately read, “Do the crime, and a pardon will come in time.”
During his first day back in the White House, President Trump pardoned, commuted the prison sentences of, or dismissed the cases of all 1,500-plus Capital riot participants from Jan. 6, 2021.
These pardoned individuals were not political prisoners, hostages, warriors or whatever other revisionist term Trump and his ilk have called them. Make no mistake: A large number of the charged individuals were people who had committed acts of violence, causing nearly $3 million in damages that will likely never will be repaid.
There has arguably not been such a distasteful use of the presidential pardon power since President Gerald Ford preemptively pardoned disgraced President Richard Nixon after the Watergate scandal in 1974. Letting these people walk free and clear of punishment spits in the face of the deterrent effect of criminal justice and in the face of every officer of the D.C. Police, Capital Police and the civil servants who were jeopardized and harmed by these rioters’ actions.
Republicans will be quick to point out that, in the waning minutes of his term, former President Joe Biden provided preemptive pardons for five members of his family, as well as Dr. Anthony Fauci, retired Gen. Mark Milley and members of the Jan. 6 investigation committee. He also provided a pardon to his son Hunter Biden in late 2024, after previously vowing that he would not do so.
But the distinctions between the Trump and Biden pardons are clear. While Biden’s pardons set a troublesome precedent that will likely lead to Trump and other presidents pardoning their entire families and friends at the end of their terms, none of the individuals whom Biden pardoned have committed violent crimes against the U.S.
Meanwhile, Trump’s broad clemency to all Jan. 6 rioters included at least 600 people charged with assaulting or obstructing law enforcement; of those, at least 170 were accused of using a deadly weapon. An additional 80 rioters were charged with destruction of government property, 60 were charged with theft of government property and six were charged with both.
Most disappointing is that 10 of those charged and convicted of seditious conspiracy had their sentences commuted and were released from prison.
For those not blinded by partisan politics, there is an obvious difference between Biden’s preemptive pardons and these Trump pardons. Even Sen. Lindsay Graham (R-S.C.) has broken ranks and taken issue with them.
From a big-picture standpoint, Biden’s last-minute pardons serve an obvious purpose: to protect innocent people from vindictive prosecution. The track record of Trump’s pick to lead the FBI, Kash Patel, is a cause for concern, as he complied a list of his “enemies,” including Biden himself, Vice President Kamala Harris and Hilary Clinton, to name a few. Even before winning the 2024 election, Trump vowed to get “revenge” on Biden and the Democratic Party.
If we have learned anything about Trump, it is that his threats cannot be taken lightly. Biden likely saw the writing on the wall for these pardoned individuals and acted to shield them from an incoming flurry of attacks that Trump and Patel would have certainly brought their way. One just has to look at Trump pulling Fauci’s security detail during his first week in office to see this was never going to be a benevolent presidency towards the political opposition.
While the enacted pardons are irrevocable, there is one thing the public should rally behind: reforming the presidential pardon power. Biden and Trump’s specific uses of this executive authority have compromised the integrity of the American justice system and the legitimacy of criminal proceedings.
Preemptive pardons, like those granted by Biden, create a precedent and environment in which a president can give key assurances to allies to act with impunity, direct the Justice Department not to pursue them, and then offer blanket pardons to them on the way out, so that the next administration cannot prosecute them or even start a criminal investigation. It doesn’t take much imagination to envision the corruption this could bring about.
On the other side, Trump’s pardons have signaled to fervent political groups like the Proud Boys and the Oath Keepers that no matter how illegal or destructive the actions they take in furtherance of Trump’s agenda or against his “enemies,” they can depend on presidential protection for displays of loyalty.
While the presidential pardon can be a powerful tool for enacting justified and welcomed pardons, these recent developments have gone far and beyond the original intent of what the Framers of the Constitution had in mind. We are witnessing an affront to justice and a mockery of law and order — one that Congress must limit before it cements the idea that fairness is contingent on power, not principle.
Addison J. Hosner is the chief operating officer of Young Voices, based in Washington, D.C., and is a licensed Florida attorney.
Topics
-
Axelrod: Late Biden pardons 'gave Trump a gift'
Democratic strategist David Axelrod said Tuesday former President Biden gave “a gift” to President Trump by pardoning his family minutes before the latter’s inauguration. Calling the move ...The Hill - Jan. 23 -
Disgraceful pardons from Biden and Trump
Surely there are Republicans in Congress who think Trump’s decision to pardon so many criminals was not in his best interest, or the best interest of their party.The Hill - Jan. 23 -
Trump suggests it was a mistake Biden didn't pardon himself
President Trump on Wednesday repeatedly suggested it was a mistake that former President Biden did not preemptively pardon himself before leaving office. Trump, in a sit-down interview with Fox ...The Hill - Jan. 23 -
Sanders says ‘don’t equate’ Trump, Biden pardons
Sen. Bernie Sanders (I-Vt.) said Americans should not be equating the pardons issued by President Trump and former President Biden. Sanders joined CNN’s “The Source” on Tuesday evening, where he ...The Hill - Jan. 22 -
Trump’s Jan. 6 Pardons Erase Justice Department’s Investigation
President Trump’s pardons in the Jan. 6 case abruptly ended the most complex investigation in U.S. history. It also raised questions about what he will do next against a department he has said is ...The New York Times - Jan. 21 -
Trump responds to Biden’s last-minute pardons: ‘Disgraceful’
Donald Trump responds to the pardons Joe Biden issued in the last hours of his presidency in a text message to NBC’s Kristen Welker. “It is disgraceful. Many are guilty of major crimes,” he wrote.NBC News - Jan. 20 -
McCarthy on Biden pardons: 'It raises doubt on what they did'
Former Speaker Kevin McCarthy (R-Calif.) criticized President Biden's decision to pardon Anthony Fauci, Gen. Mark Milley, former Rep. Liz Cheney (R-Wy.) and other members of the House panel that ...The Hill - Jan. 20 -
Why these foreign leaders' invites to Trump inauguration are raising eyebrows
A high-ranking Chinese Communist Party official is set to attend President-elect Donald Trump's inauguration as a special representative of Chinese President Xi Jinping — a highly unusual charm ...CBS News - Jan. 17
More from The Hill
-
Senate panel to vote on RFK Jr.’s nomination
Click in for more news from The Hill {beacon} Health Care Health Care The Big Story Senate panel to vote on RFK Jr.’s nomination Robert F. Kennedy Jr. faces a critical test Tuesday, as the ...The Hill - 36m -
House democrats call for urgent hearing on Trump plans for USAID
Democrats on the House Foreign Affairs Committee are calling on Chairman Brian Mast (R-Fla.) to convene an urgent hearing with senior Trump administration officials, raising concerns over ...The Hill - 48m -
Democrats promise bill to block 'unlawful meddling' in Treasury systems after Musk allies gain access
Democratic leaders in both chambers on Monday vowed to introduce legislation to “stop unlawful meddling in the Treasury Department's payment systems.” Democrats have been sounding the alarm over ...The Hill - 55m -
Lawmakers, legal experts warn shuttering USAID is unconstitutional
Lawmakers and legal experts are warning the Trump administration’s efforts to shutter the government’s foreign assistance agency is unconstitutional and is likely to face challenges in court. Over ...The Hill - 1h -
USAID worker-turned-lawmaker: 'This is no way to govern'
Sen. Andy Kim (D-N.J.), a former U.S. Agency for International Development (USAID) employee, was among a chorus of Democrats on Monday blasting the turmoil surrounding the agency. “You have ...The Hill - 1h
More in Politics
-
Senate panel to vote on RFK Jr.’s nomination
Click in for more news from The Hill {beacon} Health Care Health Care The Big Story Senate panel to vote on RFK Jr.’s nomination Robert F. Kennedy Jr. faces a critical test Tuesday, as the ...The Hill - 36m -
Democratic senator puts 'blanket hold' on Trump's State Dept. nominees following USAID threat
NBC News' Sahil Kapur reports on Democrats' latest effort, led by Sen. Brian Schatz, to push back on the Trump administration's political moves.NBC News - 46m -
House democrats call for urgent hearing on Trump plans for USAID
Democrats on the House Foreign Affairs Committee are calling on Chairman Brian Mast (R-Fla.) to convene an urgent hearing with senior Trump administration officials, raising concerns over ...The Hill - 48m -
Democrats promise bill to block 'unlawful meddling' in Treasury systems after Musk allies gain access
Democratic leaders in both chambers on Monday vowed to introduce legislation to “stop unlawful meddling in the Treasury Department's payment systems.” Democrats have been sounding the alarm over ...The Hill - 55m -
Defense Secretary Pete Hegseth visits Southern border: 'We are going to get control of this'
Defense Secretary Pete Hegseth visited the U.S.-Mexico border for the first time since taking office. “Any assets necessary, at the Defense Department, to support the expulsion and detention of ...NBC News - 1h