CNN anchor Jake Tapper raised questions during a segment of The Lead on Friday, suggesting the possibility that former President Joe Biden may have issued a secret self-pardon before leaving office.
Tapper’s comments came during an interview with Maggie Haberman, New York Times White House correspondent, as they discussed Biden’s controversial use of presidential pardons.
The discussion was sparked by former President Donald Trump’s remarks earlier in the week during an interview with Fox News’ Sean Hannity.
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Trump criticized Biden’s handling of last-minute pardons, claiming the former president may have left himself vulnerable to legal scrutiny by not issuing a pardon for himself.
“This guy [Biden] is running around giving everyone pardons,” Trump told Hannity on Wednesday.
“The funny thing, maybe the sad thing, is he didn’t give himself a pardon. And if you look at it, it all had to do with him.”
Trump’s comments highlighted frustration among some, particularly regarding Biden’s issuance of preemptive pardons.
These pardons reportedly included individuals who had not been charged with any crimes and were backdated to potentially cover actions as far back as 2014.
Haberman noted during the CNN segment that “former Biden officials” have expressed dissatisfaction with how these pardons were handled.
Tapper, after airing Trump’s remarks, floated the possibility that Biden might have quietly pardoned himself, explaining, “Although it is possible, we don’t know, but it is always possible for a president to pardon somebody and not announce it.” Haberman agreed, replying, “That’s true. That’s true.”
Tapper concluded the segment by saying, “I mean, so it’s possible Joe Biden pardoned himself, and we just don’t know about it. Who knows? Joe Biden set a lot of precedents on his way out the door.”
While the concept of a secret presidential pardon may seem unusual, there is precedent.
Tapper referenced the late President Ronald Reagan’s issuance of pardons to two former FBI officials in March 1981.
These pardons, signed just before Reagan survived an assassination attempt, were not made public until mid-April of that year.
The White House did not provide a reason for the delay in disclosure.
The idea of secret pardons also came under scrutiny during Trump’s presidency.
In 2021, MSNBC’s Lawrence O’Donnell speculated that Trump might secretly pardon himself and his family, claiming, “Trump can pardon himself & his family and keep that secret until they are charged with federal crimes.” However, Trump never issued such pardons.
Haberman suggested that Trump’s comments may have been referring to alleged activities by Biden before he became president.
Biden issued full and unconditional preemptive pardons for several family members, including James B. Biden, Valerie Biden Owens, and Francis W. Biden, backdated to 2014.
These actions raised eyebrows among former officials and political observers alike.
Tapper also acknowledged that Biden’s potential need for a self-pardon might be mitigated by the Supreme Court’s rulings on presidential immunity, which extend the same protections to Biden as they do to Trump.
However, Haberman noted that such immunity may not apply to actions Biden took before assuming the presidency.
While Tapper and Haberman acknowledged the theoretical possibility of a secret self-pardon by Biden, they also agreed it remains unlikely.
Haberman emphasized that the speculation centers on hypothetical scenarios, with no concrete evidence to suggest that Biden has taken such a step.
As the debate continues, questions remain about the transparency and timing of Biden’s pardons.
Whether or not a secret self-pardon exists, the issue has reignited discussions about presidential powers and the limits of executive clemency.
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