Topline
President-elect Donald Trump said Sunday members of the House Jan. 6 committee “should go to jail” and suggested President Joe Biden should preemptively pardon them, a move Biden is reportedly considering following his surprise pardon of his son, Hunter Biden—as lawmakers and advocates make a final push for pardon requests as Biden’s term winds down.
President Joe Biden speaks at a ceremony on the South Lawn of the White House commemorating World … [+]
Key Facts
Trump’s Foes: Members of the House Jan. 6 committee “should go to jail,” Trump said in an NBC interview that aired Sunday, calling them “political thugs” and “creeps,” while suggesting Biden should “maybe” preemptively pardon them—as the president is reportedly considering preemptive pardns in response to Trump’s threats to seek retribution against his political enemies.
The Biden administration is considering issuing pardons to Trump nemeses, including Rep. Adam Schiff, D-Calif., and Rep Liz Cheney, R-Wyo., who served on the House Jan. 6 committee, and Anthony Fauci, the former head of the National Institute of Allergy and Infectious Diseases, Politico reported, citing unnamed senior Democrats familiar with the discussions.
The discussions have become more serious in the wake of Kash Patel’s nomination as FBI director as Patel has repeatedly vowed to help Trump go after his political enemies, according to Politico.
Sen. Ed Markey, D-Mass., suggested in a recent Boston Public Radio interview Biden should preemptively pardon anyone President-elect Donald Trump could seek retribution against, such as the prosecutors involved in Trump’s criminal and civil cases including New York Attorney General Letitia James and DOJ Special Counsel Jack Smith.
Marilyn Mosby: Civil rights lawyer Ben Crump and political strategist Angela Rye called on the president to pardon the former Baltimore prosecutor for mortgage fraud and perjury, arguing Hunter Biden is “not the only one” to face selective prosecution, as Mosby has claimed she’s innocent and the case was a politically motivated response to her prosecution of the police officers involved in the 2015 death of Freddie Gray.
People with long prison sentences: A group of Congress members, including powerful Rep. James Clyburn, D-S.C., urged Biden to “rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges” in a Nov. 20 letter, calling on the president to offer clemency to “the elderly and chronically ill, those on death row, people with unjustified sentencing disparities, and women who were punished for defending themselves against their abusers.”
Drug offenders: Seven members of the Senate Judiciary Committee, plus Sen. Raphael Warnock, D-Ga., also asked Biden in an Oct. 21 letter to grant clemency to people incarcerated for drug crimes whose charges would have been shorter under the bipartisan First Step Act of 2018.
Death row inmates: The criminal justice think tank the Prison Policy Initiative urged Biden to “grant clemency to the 40 people on death row,” in a November social media post (clemency refers to general leniency for criminal convictions and encompasses pardons).
Famous figures: Reps. Tom Massie, R-Ky., and James McGovern, D-Mass., have pressed Biden to pardon WikiLeaks founder Julian Assange, who has pleaded guilty, while Sen. Mitt Romney, R-Utah, argued previously Biden should have pardoned Trump in his federal classified documents and election interference cases, which were dismissed after Trump won the election in accordance with the DOJ’s longstanding policy against prosecuting sitting presidents.
What To Watch For
Jean-Pierre told reporters Monday they can expect more pardons before the end of Biden’s term on Jan. 20.
Big Number
26. That’s the number of pardons Biden has issued since 2021, including his son Hunter Biden. In April, he pardoned 11 people convicted of non-violent drug offenses he said had shown a commitment to improving their lives.
Key Background
Biden announced Sunday he pardoned his son Hunter Biden for his felony convictions, claiming the Justice Department was politically motivated when it prosecuted him for a set of tax and gun charges. Biden announced the decision despite saying previously he would not pardon his son. Hunter Biden was set to be sentenced later this month on charges of lying on the federal paperwork required to purchase a gun by saying he was not a drug user and for failing to pay over $1 million in taxes on time. In announcing the decision, Biden said it is extremely rare for the Justice Department to bring charges for lying on the gun form. The president also claimed the DOJ doesn’t typically prosecute people who “were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties,” referencing Hunter Biden’s well-documented addiction to crack cocaine at the time. The pardon prohibits the federal government from prosecuting the younger Biden for any alleged offenses that have occurred since the start of 2014, in addition to clearing his record of the felony tax and gun charges. The decision drew bipartisan blowback, including from Trump, who called it “an abuse and miscarriage of Justice” in a Truth Social post.
Further Reading
Democrats Blast Hunter Biden’s Pardon: Here’s How Both Sides—And Trump—Are Reacting (Forbes)
Joe Biden Pardons His Son Hunter For Felonies (Forbes)
Trump Teases Jan. 6 Rioter Pardons After Biden Pardons His Son—Here’s Who Else Trump Might Pardon (Forbes)
