Biden Confirms He’s Considering Preemptive Pardons

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The president had been reported to be considering issuing pardons to people who have not been charged with a crime.

President Joe Biden in a Jan. 5 interview confirmed that he is considering whether to issue preemptive pardons.

White House officials have said that Biden plans to issue additional pardons and commutations before his term ends.

Preemptive pardons would differ from those Biden has already issued and those issued by other presidents in their final days in office. They would protect people from prosecution for charges that have not yet been brought.

“Some of your supporters have encouraged you to issue preemptive pardons to people like Liz Cheney and Anthony Fauci … will you do that?” USA TODAY’s Susan Page asked Biden during the interview.

The individuals suggested have drawn criticism from President-elect Donald Trump, who is set to take office again on Jan. 20.

Biden referenced a meeting with Trump at the White House in November 2024.

“I tried to make it clear that there was no need, and it was counterintuitive for his interest to go back and try to settle scores,” Biden said, recounting the conversation they had.

Trump did not respond directly to that advice, according to the president.

“He didn’t. But he didn’t say, ‘No, I’m going to…’ You know. He didn’t reinforce it. He just basically listened,” Biden said.

“So you haven’t decided yet. You’re still assessing this issue?” Page asked.

“No, I haven’t,” Biden responded. “A little bit of it depends on who he puts in what positions,” Biden said.

The Trump transition team did not respond to a request for comment. Inquiries sent to the employers of Cheney and Fauci were not returned.

Biden in late 2024 pardoned his son, Hunter Biden, whom a jury convicted of federal gun charges and who pleaded guilty to intentionally failing to pay taxes. Biden later pardoned another 39 people and commuted the sentences of some 1,500 others, including 37 death row prisoners.

One individual floated as a possible preemptive pardon candidate is Hillary Clinton, the former secretary of state. Clinton, who mishandled confidential emails and whose campaign funded opposition research against Trump, was included in a list compiled by Kash Patel, Trump’s nominee for FBI director. The list, Patel has said, are participants in the so-called deep state.

Clinton’s husband, former President Bill Clinton, has said that he does not think Biden should preemptively pardon his wife. “I hope he won’t do that,” he said during a recent television appearance on Dec. 11. A Clinton Foundation spokesperson did not return a request for comment.

Biden this month awarded Cheney, who was mentioned during the interview, a Presidential Citizens Medal for her work as vice chair of a House panel that investigated the Jan. 6, 2021, breach of the U.S. Capitol. Biden said Cheney and other former officials who received the medal in the ceremony had “dedicated their careers to serving our democracy” and “served in difficult times with honor, decency and ensure our democracy delivers.”