Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
IN THE FINAL few minutes of his presidency yesterday, Joe Biden issued preemptive pardons for several family members.
Earlier in the day, he issued preemptive pardons for others including Dr Anthony Fauci, the White House’s chief medical advisor during the Covid-19 pandemic, and members of the House committee that investigated the 6 January attack on the Capitol.
“These public servants have served our nation with honor and distinction and do not deserve to be the targets of unjustified and politically motivated prosecutions,” Biden said in a statement.
Granting pardons is common, each president does it – but Biden set the record for the number of pardons granted, almost 2,500 of which related to non-violent drug offenders.
For his part, one of Donald Trump’s first actions in his second term was to pardon more than 1,500 of his supporters who stormed the Capitol on 6 January 2021, in a bid to overturn the results of the 2020 election.
Trump has repeatedly called for the prosecution of his perceived enemies, including Fauci and members of the since-disbanded committee.
Shortly after he was sworn in as the 47th President of the United States, Trump called Liz Cheney, a Republican member of the 6 January committee and vocal Trump critic, a “lunatic”.
Speaking to supporters in the Capitol Visitor Center yesterday afternoon, Trump said: “Why are we helping some of these people? Why are we helping Liz Cheney? She’s a disaster – she’s a crying lunatic.”
Trump’s remarks in the Capitol Visitor Center today were a reminder that neither lies nor the liar who tells them get better with age. The Select Committee evidence is available on multiple websites and, as a criminal defendant, Donald Trump has had access to all the transcripts…
Responding to his remarks, Cheney said people should “remember Trump’s character”:
“He sat in his dining room watching on television as his supporters attacked our Capitol and brutally assaulted law enforcement. For hours, he refused to instruct the mob to leave. The truth will never change.”
Advertisement
‘He’ll throw people in jail’
Biden also pardoned retired general Mark Milley, the former chairman of the Joint Chiefs of Staff, yesterday.
Trump and Milley have repeatedly clashed in recent years – over the 6 January riots and other issues. In 2023, Trump suggested that Milley deserved to be executed.
In September of that year, Milley told The Atlantic that, if Trump was reelected, he believed he would be top of his hit list for revenge.
“He’ll start throwing people in jail, and I’d be on the top of the list,” Milley said at the time.
Within hours of Trump being sworn in yesterday, a portrait of Milley was taken off the wall of the Pentagon, according to media reports.
Retired general Mark Milley, the former chairman of the Joint Chiefs of Staff, pictured in 2019 Alamy Stock Photo
Alamy Stock Photo
Last month, Biden pardoned his son Hunter for tax and gun crimes – despite previously saying he would not. In this case, Hunter was facing sentencing for two criminal cases related to tax evasion and lying about his drug use when he bought a gun.
However, many of those pardoned yesterday have not actually been investigated for or charged with any crimes.
So, what exactly is a preemptive pardon?
Preemptive pardons are pardons given to individuals before they have been investigated for a crime.
Speaking to Katie Couric Media shortly before Biden issued yesterday’s pardons, Rachel Barkow, a law professor at New York University, said the outgoing president would likely issue preemptive pardons “because the incoming administration has indicated that they’d go after certain people, and it looks like political retribution”.
So the argument for doing it would be to spare those people from having to go through the misery of a federal investigation.
Biden issued blanket pardons for his brother James and his wife, Sara; his sister, Valerie, and her husband, John Owens; and his brother Francis.
In a statement issued minutes before Trump was sworn in as his successor, Biden said his family had been “subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me — the worst kind of partisan politics”.
“Unfortunately, I have no reason to believe these attacks will end,” Biden said.
Related Reads
Trump grants pardons to 1,500 US Capitol rioters and withdraws from Paris climate accord
Biden issues preemptive pardon for his siblings, their spouses and Dr Anthony Fauci
As it happened: Trump welcomes 'golden age' of America as he's sworn in as US President
“The issuance of these pardons should not be mistaken as an acknowledgment that they engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offence.”
House Republicans last June sent a letter to the Justice Department recommending the prosecution of Hunter and James Biden, accusing them of making false statements to Congress as part of a Republican impeachment inquiry.
James Biden’s lawyer at the time called it a “baseless partisan action”. James Biden’s business dealings were heavily scrutinised by Republicans as part of their failed impeachment inquiry.
Republicans pointed to a series of payments that they claimed showed the president benefited from his brother’s work.
House Democrats defended the transaction last year, saying James Biden was repaying a $200,000 (about €193,000) loan provided by his brother. The money changed hands while Joe Biden was a private citizen.
In a voluntary interview as part of the impeachment inquiry, James Biden said his brother “never had any involvement” in the business dealings of other members of his family.
Other US presidents have also pardoned family members. Bill Clinton pardoned his brother Roger for drug charges after he had served his sentence roughly a decade earlier.
In the final weeks of his first term as president, Trump pardoned Charles Kushner, the father of his son-in-law Jared Kushner, who was previously convicted of tax evasion and witness tampering.
Trump also pardoned multiple allies who were convicted in special counsel Robert Mueller’s investigation into Russian interference in the 2016 US presidential election.
Readers like you are keeping these stories free for everyone...
Our Explainer articles bring context and explanations in plain language to help make sense of complex issues.
We're asking readers like you to support us so we can continue to provide helpful context to everyone, regardless of their ability to pay.
To embed this post, copy the code below on your site
Close
43 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic.
Please familiarise yourself with our comments policy
here
before taking part.
@Dere: The left hate billionaires, unless they are pharmaceutical billionaires who made billions off the vaccine. The only reason the left wanted everyone to be vaccinated was to enrich these pharmaceutical billionaires. They really are a strange bunch.
@Dere: The whole thing is tainted and full of hypocrisy whether its GOP or Dems in charge, and when social media eventually gets its day for the damage its caused, they will all be pardoned too like the pharma crowd are
Swings and roundabouts from the supposed super power democracy of the free world
@Johnny Wilson: gonna guess that you weren’t given dirty looks for not taking that medication Johnny. A vaccine we were told would stop you getting Covid by both Biden and Fauci. And before anyone jumps in I took two shots
@Maurice: It was suspicious how on January 6th hundreds of protesters were ushered in to a normally secure building the end result being chaos. Someone authorised that. ?
I dont blame him, whats good for the MAGA is good for the rest of them over in Muricaland…….The fact any president no matter what side they are on shouldnt have the kind of power to dish out pardons like they are sweets is insane and open to abuse on so many levels
@Patrick Newell: yes, it does indicate to me the importance of the separation of powers so the law makers cannot influence the law enforcers and visa versa. Bad and all as people may see democracy in Ireland at least we do not have outgoing politicians granting pardons… And we do not grant incoming the power to initiate prosecutions.
@Emer McDonnell: Doesnt matter who gave more there needs to be a limit on how much pardons any president can give. Imagine the numpties we have in Ireland with that sort of power, it would be like an Irish version of mad max
@Niall O’Cofaigh: Agree 100%, for all the drooling and dribbling thats done about america at times, when ya drill down its a really toxic spot polirically and makes our mob look competent
@Tim Brennan: well the media said he was going to give a wave of preemptive pardons on his last term (which he never did.) And biden criticised him for it and even went on to say we wouldn’t see any pardons in bidens administration. But don’t let facts get in the way of you crying.
He spend 4 years shouting that he had faith in the justice system.
This clearly indicates that the president of America had no faith in his justice system. Why not fix it..
He’s knows it’s crooked, because he used it the same way .
Because he is a coward who hid behind the power of the Presidential Office dictating, vilifying and harassing his social and political opponents. Now the roles are reversed he foresaw justice incoming and like the cowardly lowlife he is he once again abused the power of the Oval Office.
So Biden pardons people who supposedly haven’t even broken the law, and instead of pointing out how wrong that it is, the Journal just runs with “but Trump did this and Trump will do that”! Pathetic!
White House slaps 104% tariffs on China as Elon Musk calls Trump trade advisor a 'moron'
1 hr ago
19.0k
80
Emergency prep
The Government has held multiple exercises to deal with major disasters including rail crashes
Niall O'Connor
2 mins ago
2
0
beaufort
Boy killed after being struck by tractor in Co Kerry this evening
22 hrs ago
38.6k
Your Cookies. Your Choice.
Cookies help provide our news service while also enabling the advertising needed to fund this work.
We categorise cookies as Necessary, Performance (used to analyse the site performance) and Targeting (used to target advertising which helps us keep this service free).
We and our 164 partners store and access personal data, like browsing data or unique identifiers, on your device. Selecting Accept All enables tracking technologies to support the purposes shown under we and our partners process data to provide. If trackers are disabled, some content and ads you see may not be as relevant to you. You can resurface this menu to change your choices or withdraw consent at any time by clicking the Cookie Preferences link on the bottom of the webpage .Your choices will have effect within our Website. For more details, refer to our Privacy Policy.
We and our vendors process data for the following purposes:
Use precise geolocation data. Actively scan device characteristics for identification. Store and/or access information on a device. Personalised advertising and content, advertising and content measurement, audience research and services development.
Cookies Preference Centre
We process your data to deliver content or advertisements and measure the delivery of such content or advertisements to extract insights about our website. We share this information with our partners on the basis of consent. You may exercise your right to consent, based on a specific purpose below or at a partner level in the link under each purpose. Some vendors may process your data based on their legitimate interests, which does not require your consent. You cannot object to tracking technologies placed to ensure security, prevent fraud, fix errors, or deliver and present advertising and content, and precise geolocation data and active scanning of device characteristics for identification may be used to support this purpose. This exception does not apply to targeted advertising. These choices will be signaled to our vendors participating in the Transparency and Consent Framework.
Manage Consent Preferences
Necessary Cookies
Always Active
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then these services may not function properly.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not be able to monitor our performance.
Store and/or access information on a device 111 partners can use this purpose
Cookies, device or similar online identifiers (e.g. login-based identifiers, randomly assigned identifiers, network based identifiers) together with other information (e.g. browser type and information, language, screen size, supported technologies etc.) can be stored or read on your device to recognise it each time it connects to an app or to a website, for one or several of the purposes presented here.
Personalised advertising and content, advertising and content measurement, audience research and services development 146 partners can use this purpose
Use limited data to select advertising 116 partners can use this purpose
Advertising presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type or which content you are (or have been) interacting with (for example, to limit the number of times an ad is presented to you).
Create profiles for personalised advertising 85 partners can use this purpose
Information about your activity on this service (such as forms you submit, content you look at) can be stored and combined with other information about you (for example, information from your previous activity on this service and other websites or apps) or similar users. This is then used to build or improve a profile about you (that might include possible interests and personal aspects). Your profile can be used (also later) to present advertising that appears more relevant based on your possible interests by this and other entities.
Use profiles to select personalised advertising 85 partners can use this purpose
Advertising presented to you on this service can be based on your advertising profiles, which can reflect your activity on this service or other websites or apps (like the forms you submit, content you look at), possible interests and personal aspects.
Create profiles to personalise content 39 partners can use this purpose
Information about your activity on this service (for instance, forms you submit, non-advertising content you look at) can be stored and combined with other information about you (such as your previous activity on this service or other websites or apps) or similar users. This is then used to build or improve a profile about you (which might for example include possible interests and personal aspects). Your profile can be used (also later) to present content that appears more relevant based on your possible interests, such as by adapting the order in which content is shown to you, so that it is even easier for you to find content that matches your interests.
Use profiles to select personalised content 35 partners can use this purpose
Content presented to you on this service can be based on your content personalisation profiles, which can reflect your activity on this or other services (for instance, the forms you submit, content you look at), possible interests and personal aspects. This can for example be used to adapt the order in which content is shown to you, so that it is even easier for you to find (non-advertising) content that matches your interests.
Measure advertising performance 136 partners can use this purpose
Information regarding which advertising is presented to you and how you interact with it can be used to determine how well an advert has worked for you or other users and whether the goals of the advertising were reached. For instance, whether you saw an ad, whether you clicked on it, whether it led you to buy a product or visit a website, etc. This is very helpful to understand the relevance of advertising campaigns.
Measure content performance 61 partners can use this purpose
Information regarding which content is presented to you and how you interact with it can be used to determine whether the (non-advertising) content e.g. reached its intended audience and matched your interests. For instance, whether you read an article, watch a video, listen to a podcast or look at a product description, how long you spent on this service and the web pages you visit etc. This is very helpful to understand the relevance of (non-advertising) content that is shown to you.
Understand audiences through statistics or combinations of data from different sources 76 partners can use this purpose
Reports can be generated based on the combination of data sets (like user profiles, statistics, market research, analytics data) regarding your interactions and those of other users with advertising or (non-advertising) content to identify common characteristics (for instance, to determine which target audiences are more receptive to an ad campaign or to certain contents).
Develop and improve services 84 partners can use this purpose
Information about your activity on this service, such as your interaction with ads or content, can be very helpful to improve products and services and to build new products and services based on user interactions, the type of audience, etc. This specific purpose does not include the development or improvement of user profiles and identifiers.
Use limited data to select content 37 partners can use this purpose
Content presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type, or which content you are (or have been) interacting with (for example, to limit the number of times a video or an article is presented to you).
Use precise geolocation data 47 partners can use this special feature
With your acceptance, your precise location (within a radius of less than 500 metres) may be used in support of the purposes explained in this notice.
Actively scan device characteristics for identification 27 partners can use this special feature
With your acceptance, certain characteristics specific to your device might be requested and used to distinguish it from other devices (such as the installed fonts or plugins, the resolution of your screen) in support of the purposes explained in this notice.
Ensure security, prevent and detect fraud, and fix errors 93 partners can use this special purpose
Always Active
Your data can be used to monitor for and prevent unusual and possibly fraudulent activity (for example, regarding advertising, ad clicks by bots), and ensure systems and processes work properly and securely. It can also be used to correct any problems you, the publisher or the advertiser may encounter in the delivery of content and ads and in your interaction with them.
Deliver and present advertising and content 100 partners can use this special purpose
Always Active
Certain information (like an IP address or device capabilities) is used to ensure the technical compatibility of the content or advertising, and to facilitate the transmission of the content or ad to your device.
Match and combine data from other data sources 73 partners can use this feature
Always Active
Information about your activity on this service may be matched and combined with other information relating to you and originating from various sources (for instance your activity on a separate online service, your use of a loyalty card in-store, or your answers to a survey), in support of the purposes explained in this notice.
Link different devices 55 partners can use this feature
Always Active
In support of the purposes explained in this notice, your device might be considered as likely linked to other devices that belong to you or your household (for instance because you are logged in to the same service on both your phone and your computer, or because you may use the same Internet connection on both devices).
Identify devices based on information transmitted automatically 91 partners can use this feature
Always Active
Your device might be distinguished from other devices based on information it automatically sends when accessing the Internet (for instance, the IP address of your Internet connection or the type of browser you are using) in support of the purposes exposed in this notice.
Save and communicate privacy choices 69 partners can use this special purpose
Always Active
The choices you make regarding the purposes and entities listed in this notice are saved and made available to those entities in the form of digital signals (such as a string of characters). This is necessary in order to enable both this service and those entities to respect such choices.
have your say