Pardon me?

[Sarkus]

Biden has preemptively pardon Fauci and the Jan 6 Committee (and others?) [https://apnews.com/article/biden-tr...ns-january-6-3cba287f89051513fb48d7ae700ae747] so as to prevent Trump's "impartial" AG from prosecuting them in what would have clearly not been politically motivated charges (and of course not actual weaponisation of the justice system) solely at the behest of the incoming President, because that would go against something that the incoming AG said during her confirmation hearing that she wouldn't do, which is obviously something that she will abide by, in the same way, I guess as similar pledges during such confirmation hearings, such as those of Supreme Court Justices agreeing that Roe v Wade was settled law.

Are these pardons good or bad for the USA as a whole, or something that is setting a precedent that is likely to be abused (not even considering that it will be Trump who gets to pardon people next!)? Obviously these pardons are good for the individuals, and many have thanked Biden for them, for removing the threat of being hounded in the courts and in public despite having done nothing wrong etc. But are they good for the country?

 

[C C]

[...] Are these pardons good or bad for the USA as a whole, or something that is setting a precedent that is likely to be abused (not even considering that it will be Trump who gets to pardon people next!)? Obviously these pardons are good for the individuals, and many have thanked Biden for them, for removing the threat of being hounded in the courts and in public despite having done nothing wrong etc. But are they good for the country?

I guess we'll find out in coming years. The scarcity of preemptive pardons in the past suggests that there was a good degree of caution or dread hovering around the idea of implementing them. But nevertheless, this sudden burst surely makes them seem more kosher and appealing in the future, especially since the two parties have been playing a game of vindictiveness and proactive attacks in legal prosecution and government tribunals for decades.

With respect to the ordinary type pardon, Trump and Biden have certainly not established a new threshold in quantity there.

Obama list
https://en.wikipedia.org/wiki/List_of_people_granted_executive_clemency_by_Barack_Obama

Biden list
https://www.justice.gov/pardon/pardons-granted-president-joseph-biden-2021-present

Trump list
https://www.justice.gov/pardon/pardons-granted-president-donald-j-trump-2017-2021

George W. Bush list
https://en.wikipedia.org/wiki/List_of_people_pardoned_by_George_W._Bush

Bill Clinton list
https://en.wikipedia.org/wiki/List_of_people_pardoned_by_Bill_Clinton
_

 

[Tiassa]

Are these pardons good or bad for the USA as a whole, or something that is setting a precedent that is likely to be abused (not even considering that it will be Trump who gets to pardon people next!)?

Pretending they're a precedent is the in thing to do, as long as it's a Democrat.

For instance, most people complaining about Biden's pardons overlook that President George H. W. Bush pardoned his fellow conspirators and participants in an illegal international scheme. Ironically, the Attorney General who advised him to do so is the Attorney General who told the Department of Justice to deviate from its own standards and protocols in order to prosecute Donald Trump's political enemies.

As it is, we happen to have been through this discussion, recently↗.

They're not good, as such. That's why conservatives want us to pretend this is new, but preemptive pardons have been around for fifty years, and are part of what goes on.

 

[C C]

Depends on on how "unprecedented" is interpreted. Though preemptive pardons are rare occurrences, the adjective can't be grounded in there never having been any at all. It's either the context below or potentially the quantity of them outputted by a single president (granting that a distinction can be made between the two).

Biden’s preemptive pardons are an unprecedented vote of no confidence in the new administration
https://verdict.justia.com/2025/01/...te-of-no-confidence-in-the-new-administration

Biden’s pre-emptive pardons are an unprecedented vote of no confidence in his successor. Never before has the pardon power been used because one president feared his successor’s authoritarian tendencies.

- - - - - - - - - - - -

Preemptive Pardons: Constitutional Authority and Real World Implications
https://www.criminallawlibraryblog....tional-authority-and-real-world-implications/

Preemptive pardons have been used sparingly in American history, typically during periods of political or social turmoil. These instances demonstrate the flexibility of the pardon power while also highlighting its contentious nature.

1. Gerald Ford and Richard Nixon (1974)

2. George H.W. Bush and the Iran-Contra Affair (1992)

3. Abraham Lincoln and the Civil War

4. Jimmy Carter and Vietnam Draft Dodgers (1977)
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[billvon]

But are they good for the country?

The precedent that if you do a country a great service you will not be arrested by people pushing a political agenda - is a good precedent to set. IMO.