Is Biden About to Issue a Preemptive Pardon for Adam Schiff? Shocking Details You Need to Know

Amid worries about possible retaliatory prosecutions by the new Trump administration, President Joe Biden is reportedly considering preemptive pardons for a number of individuals, including Senator-elect Adam Schiff.
The negotiations come after Biden controversially decided to pardon his son, Hunter Biden, who was accused of tax and federal gun violations. Now, the president’s advisers are debating whether to pardon Schiff, former Republican Representative Liz Cheney, and Dr. Anthony Fauci. These individuals have been the focus of regular attacks by President-elect Donald Trump and his followers.

Adam Schiff, the former leader of the House Intelligence Committee, was a member of the House Select Committee that investigated the Capitol riot on January 6, 2021, and played a significant role in Trump’s initial impeachment. A preemptive pardon would shield Schiff from any federal prosecutions related to his time in Congress, even though he has not been charged with any crimes. But it would be the first time the president has used his pardoning power.

The U.S. Constitution gives presidents the authority to pardon someone, even before they have done so. In the past, preemptive pardons were uncommon. Gerald Ford famously pardoned Richard Nixon for any crimes he “may have committed” during the Watergate crisis, even though no formal charges were filed against him. Similarly, George H.W. Bush pardoned former Defense Secretary Caspar Weinberger before he was charged in the Iran-Contra crisis.

Legal experts believe Biden has the authority to issue anticipatory pardons in the absence of specific charges or indictments, despite the fact that it would be unusual. Jeffrey Crouch, a professor at American University who specializes in pardon power, stated that this goes beyond the historical application of mercy. “The possibility of it being interpreted as a weaponization of clemency exists.” There are now more concerns about retaliation under a Trump-led Justice Department. Trump has promised to pardon all those involved in the January 6 event and has appointed his close friend Kash Patel to lead the FBI. In his public remarks, Patel has accused several officials of being part of the “Deep State.”

Schiff, Cheney, and Fauci are considered potential subjects of investigation.  Trump’s remarks raise concerns among some Biden advisors that he plans to file charges for political purposes. Brian Kalt, a law professor at Michigan State University, compared it to calls for President Barack Obama to pardon Hillary Clinton. Kalt stated, “Trump did not prosecute Clinton, and Obama declined.” However, the current inquiry is whether Trump’s speech is more persuasive this time. Schiff has expressed skepticism about receiving a pardon. As he told Politico, “I would urge the president not to do that,” Schiff said it would look defensive and unnecessary. The broader concerns about setting a precedent that would permit preemptive pardons to be given to those who are not obviously in risk of suffering legal repercussions are reflected in Schiff’s resistance.