On the final day of his term, former President Joe Biden issued preemptive pardons to several prominent individuals, including Dr. Anthony Fauci, retired Army Gen. Mark Milley, members of the January 6 House Select Committee, and members of his own family.
The move has drawn attention to past criticism from Democrats and media figures regarding the concept of preemptive pardons, particularly during former President Donald Trump’s administration.
One prominent critic was former Democratic Rep. Adam Schiff of California, who was among the committee members pardoned by Biden.
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In 2020, Schiff appeared on MSNBC with host Joy Reid, where he questioned the idea of issuing preemptive pardons. “Have you ever heard of somebody getting a preemptive pardon who was innocent of all crime, who’s just an innocent person? Have you ever heard of that? Just somebody getting a blanket pardon and they’re an innocent person,” Reid asked.
Schiff responded, “No, it’s the president’s own family. It’s people that have been covering up for the president in addition to his own family.”
Schiff later appeared on CNN with host Wolf Blitzer, who asked if accepting preemptive pardons would be viewed as an “admission of guilt.”
Schiff answered, “I certainly would view it that way. I think millions of Americans would view it that way. If there was no belief in criminality, why would he think a pardon was necessary?”
During Trump’s presidency, the concept of preemptive pardons was widely criticized by legal analysts and media figures.
Former federal prosecutor Andrew Weissmann discussed the issue on MSNBC with host Brian Williams.
Williams asked, “Is there an innocent explanation for someone to seek preemptive pardons for family members? Would you do that if you knew you were innocent and just worried about outside forces?”
Weissmann replied, “The answer to that is going to be no. If you haven’t done anything wrong, you sit there and go, what do you need a preemptive pardon for?”
MSNBC guest Elie Mystal expressed similar sentiments during an appearance on “Morning Joy.”
When discussing Trump’s potential use of pardons, Mystal noted the role of state and local prosecutors as a potential counterbalance.
“We have Tish James. We have Xavier Becerra. Mimi Roca is literally my PA in my town,” Mystal said.
“There — there will be opportunities to prosecute these people, regardless if they — if they abuse the pardon power as they are thinking.”
Guest host Jason Johnson responded, “Hopefully, Elie, there will be a skyfall on this entire crime family, and there will be another day for them to die.”
During Trump’s term, he reportedly considered issuing preemptive pardons to his children and former New York City Mayor Rudy Giuliani, particularly in light of his efforts to contest the 2020 election.
Trump ultimately did not issue those pardons, but he has since faced multiple indictments.
Fulton County District Attorney Fani Willis charged Trump over his actions related to the 2020 election in Georgia.
Additionally, Manhattan District Attorney Alvin Bragg indicted Trump on 34 counts of falsifying business records, securing a conviction from a Manhattan jury.
Biden’s decision to issue preemptive pardons has reignited debates over the use of such powers, with critics pointing to past statements from Democrats and media figures about their implications. As these pardons draw scrutiny, questions remain about their impact on legal and political discourse moving forward.
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