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Biden Uses Extra-ordinary Powers to Grant Pre-emptive Pardons

Biden Uses Extra-ordinary Powers to Grant Pre-emptive Pardons

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NEW DELHI, Jan 20: The outgoing United States president Joe Biden just hours before relinquishing his office on Monday issued pre-emptive pardons to his former chief medical adviser during Covid-19 pandemic Anthony Fauci, retired general Mark Milley and members of the U.S. House committee that investigated the January 6 attack on the Capitol to shield them from “politically motivated prosecutions” under the Donald Trump administration.

Mr Trump has warned of an “enemies list” filled with those who have crossed him politically or sought to hold him accountable for his attempt to overturn his 2020 election loss and his role in the storming of the U.S. Capitol.

In an extraordinary move in his last hours in the White House giving pre-emptive pardons, Mr Biden said, “These public servants have served our nation with honour and distinction and do not deserve to be the targets of unjustified and politically motivated prosecutions. Our nation owes these public servants a debt of gratitude for their tireless commitment to our country. These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden wrote.

Trump has repeatedly promised “retribution” against his political opponents and threatened some with criminal prosecution. Fauci became the face of the country’s fight against the Covid pandemic, but his straight-talking takes on the disease in Trump’s first term brought him into conflict with the Republican. It also turned the scientist into a hate figure for many on the right, including Elon Musk, Trump’s ally and the world’s richest man, who repeatedly called for Fauci to be prosecuted.

Trump was enraged after Milley, who was chairman of the Joint Chiefs of Staff during Trump’s first term, told journalist Bob Woodward that Trump was “fascist to the core” and “the most dangerous person to this country.” Milley also revealed that he had secretly called his Chinese counterpart after the Capitol attack to reassure Beijing that the United States remained “stable” and had no intention to attack China.

Trump subsequently wrote on his Truth Social network that “in times gone by, the punishment would have been DEATH!” for Milley. The members of the January 6 committee meanwhile include fierce Trump critic and former Republican congresswoman Liz Cheney, the daughter of former vice-president Dick Cheney.

“Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families,” wrote Biden. The Democrat added that the pardons “should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense.”

Trump has repeatedly complained of being the victim of “lawfare” under the Biden administration, after being criminally prosecuted for offenses including trying to subvert the 2020 election.

The pardons have reportedly been the subject of discussions at the highest levels of the White House for months now. It’s customary for a President to grant clemency at the end of his term to those have been convicted of crimes. Biden, however, has pardoned those who have not even been investigated yet.

While presidential pardons are given to only those accused of specific crimes, pre-emptive pardons are for people who are yet to be convicted or tried for a crime. In this case, the pre-emptive pardons have been issued for people who are yet to be investigated.

According to the US Department of Justice, there are precedents of people who were not charged with a crime being pardoned. “It would be highly unusual, but there have been a few cases where people who had not been charged with a crime were pardoned, including President Gerald Ford’s pardon of President Richard Nixon after Watergate, President Jimmy Carter’s pardon of Vietnam draft dodgers and President George H.W. Bush’s pardon of Caspar Weinberger. President Donald J. Trump pardoned Joseph Arpaio and others after they were charged and convicted, but prior to sentencing.” the DOJ says.

There are also fears of Mr Biden’s pre-emptive pardons setting precedent for Mr Trump and his allies using them at an even larger scale. Some also worry that the pardons would feed into claims by Mr Trump and his allies that the individuals committed acts that necessitated immunity.

(Manas Dasgupta)

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