All the president’s pardons: Will they define Biden’s legacy as king of preemptive pardons?

by tippinsights Editorial Board

Undisputedly, President Biden was the king of lawfare. With just four days left in his term, will we see a flurry of preemptive pardons on his way out? In the final hours of his presidency, will he also transform to become the king of preemptive presidential pardons?

Preemptive pardons—granted before charges or convictions—are rare, with notable examples including Gerald Ford’s pardon of Nixon and Carter’s clemency for Vietnam draft dodgers. These acts often provoke debate over justice and presidential power.

Despite repeated assurances from President Biden and his staff that he would not pardon his son Hunter Biden due to be sentenced for tax and gun ownership violations, in an unexpected reversal, the President issued a “full and unconditional” pardon over Thanksgiving weekend, absolving Hunter of any crimes he committed or may have committed since 2014.

All The President’s Pardons: Will They Define Biden’s Legacy As King Of Preemptive Pardons? — Presidential Pardons in Context: This chart shows the number of pardons issued by U.S. presidents since 1945. President Biden’s controversial pardon of his son Hunter has reignited debates over the use and limits of presidential clemency.

Our polling data suggests Biden’s decision significantly impacted his credibility among voters, with nearly half expressing disapproval. The latest League of American Workers Poll of 1,510 registered voters conducted earlier this month by TIPP shows that nearly half (49%) of the respondents mentioned that Biden’s action lowered their opinion of the President. Two-thirds of Democrats approved Biden’s pardon of his son. However, the dissatisfied included 30% of Democrats, 66% of Republicans, and 50% of independents.

Hunter Biden’s pardon has sparked speculation about clemency for other members of the Biden family, intensifying the debate over the President’s use of power. Special Counsel Robert Hur’s words, though controversial, still resonate. He described Biden as a sympathetic, well-meaning, elderly man with a poor memory. This raises a critical question: does Biden have the mental sharpness to make pivotal decisions, such as issuing preemptive pardons that will shape his legacy?

Biden Family Members

While the nation has digested the news of Hunter Biden’s pardon, some have alluded to more pardons for family members to come. For example, Rep. James Comer (R-KY) recently said President Biden would pardon his brother Jim before leaving office because he could be in jeopardy for questionable loan deals and lying during a transcribed interview with the House Oversight Committee.

What do Americans think of a preemptive pardon for James Biden?

Only 21% support the idea. 55% oppose it. While 40% of Democrats support the action, 80% of Republicans and 56% of independents (56%) reject it.

Next, the survey also tested blanket preemptive pardons for “other” Biden family members. The results were very similar to those of James Biden: 56% opposed the idea, and only 20% supported it.

Beyond his family, calls for Biden to issue preemptive pardons for political figures and government officials have triggered a broader discussion on justice and accountability.

Preemptive Pardon Former/Current Government Employees

After Trump’s win over Vice President Harris, Sen. Ed Markey (D-Mass.) warned that Trump might act in a “fascistic” and “revengeful” way against his political enemies. He urged Biden to issue preemptive pardons, saying, “If it’s clear by January 19 that that is his intention, then I would recommend to President Biden that he provide those preemptive pardons.”

Others joined in, including John Dean, Nixon’s former White House counsel, who called for Biden to issue blanket pardons to “take the wind out of retribution/revenge.”

The LAW survey tested public opinion about preemptive pardons for three public employees: Dr. Anthony Fauci, Special Counsel Jack Smith, and Lt. Michael Byrd, the officer who shot Ashli Babbitt on January 6, 2021.

Dr. Anthony Fauci

Sen. Rand Paul (R-Ky.), during a recent radio interview, said Dr. Anthony Fauci should “go to prison” for being dishonest about the COVID-19 pandemic and lying to Congress:

For his dishonesty, frankly, he should go to prison. If you lie to Congress, and you’re dishonest, and you won’t accept responsibility, you should face consequences. For his mistake in judgment, he should just be pilloried. He should never be accepted.

Only a third (31%) favor a preemptive pardon for Dr. Fauci. Nearly half (48%) are against it, with Republicans strongly opposing it (71%). In contrast, 51% of Democrats back a pardon, reflecting Fauci’s polarizing role during the pandemic. A majority (52%) of independents also oppose the idea.

Jack Smith

Attorney General Merrick Garland appointed Special Counsel Jack Smith, who pursued 34 criminal charges against Trump with the DOJ’s backing. The charges were brought by D.C. grand juries and overseen by Judge Tanya Chutkan, whose repeated rulings against Trump invited the ire of the Supreme Court. Only one in five (22%) support a preemptive pardon for Jack Smith. 45% oppose it. Notably, one-third (33%) are unsure.

Capitol Police Officer Michael Byrd

Will President Trump investigate the death of Ashli Babbitt on January 6, 2021? In February 2023, Trump criticized former House Speaker Kevin McCarthy for defending Capitol Police officer Michael Byrd, who shot Babbitt during the riot. On Truth Social, Trump called Byrd a “thug” and a “coward,” declaring, “ASHLI BABBITT WAS MURDERED!”

The survey reveals that 53% of Americans oppose pardoning Lt. Michael Byrd, with opposition highest among Republicans (68%). Democrats are more divided, 34% opposing and 41% supporting, while independents align with the overall trend at 53% opposition.

Preemptive Pardons For Politicians

The LAW survey tested preemptive pardons for former Representative Liz Cheney, Senator Adam Schiff, And Former Secretary of State Hillary Clinton.

Liz Cheney

Former Congresswoman Liz Cheney, a Republican from Wyoming, co-chaired the Jan. 6 select committee investigating the 2021 Capitol attack. She voted to impeach former President Trump and frequently criticized him. Cheney later became a campaign surrogate for Vice President Kamala Harris and publicly stated that both she and her father, former Vice President Dick Cheney, planned to vote for Harris.

Liz Cheney’s potential pardon divides Americans. While 26% support it, 47% oppose it. Republicans show strong resistance (69%), while Democrats (45%) are more supportive. Independents lean slightly against, with 50% opposed.

Senator Adam Schiff

Senator Adam Schiff (D-CA) was the lead prosecutor in Trump’s 2020 impeachment trial and has been an outspoken critic of Trump for years. Trump has frequently criticized Schiff, calling him a “sleazebag” and “shifty,” and a “lunatic” who’s an “enemy from within.”

Opinions on a preemptive pardon for Senator Adam Schiff are divided. Nearly half (48%) oppose a pardon, while 22% support it. Republicans strongly oppose (69%), while Democrats are more supportive (40%). Independents are split, with 17% for and 51% against.

Hillary Rodham Clinton

Hillary Clinton is another politician whose name is mentioned in the media concerning preemptive pardons. If Trump had wanted, he could have launched an investigation into Clinton during his first term, but he had decided against it.

During an appearance on The View, President Bill Clinton was asked whether it would be wise for President Biden to preemptively pardon potential targets, including his wife, Hillary Clinton. Clinton defended her, stating, “They got a problem with her because, first, she didn’t do anything wrong; second, she followed the rules exactly as they were written; third, Trump’s State Department found—you remember how the emails were such a big issue in 2016—Trump’s State Department found that Hillary sent and received exactly zero classified emails on her personal device. It was a made-up, phony story.”

An FBI investigation found some emails marked “secret” or “top secret” were handled using her personal server and concluded she had been “extremely careless” but did not recommend criminal charges.

Meanwhile, a majority of Americans (54%) oppose pardoning Hillary Clinton. Republicans strongly reject the idea (81%), while Democrats largely support it (59%). Independents also lean against pardoning Clinton, with 59% in opposition.

Biden will be remembered as the president who leaned into banana-republic-style lawfare to go after his political opponents. His preemptive pardons aren’t just shaping how people see his presidency—they’re pushing the boundaries of presidential power. In a divided America, those pardons might look like bold leadership to some and a massive misstep to others, keeping his legacy up for debate for years.

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