Biden’s Preemptive Pardon Paradox

Why A Solution in Search of a Crime Creates More Problems than it Solves

If you thought presidential pardons were a sacred power reserved for acts of mercy, redemption, or perhaps the occasional politically convenient absolution — think again. According to news reports, President Biden’s White House staff is readying a proposal for his consideration that would take presidential pardons like the one granted to his son, Hunter Biden, into further uncharted and deeply bizarre territory. Reports suggest Biden is mulling over the idea of granting “preemptive” blanket pardons to a slew of people, including some who, as far as anyone knows, have never been formally charged with a crime or done anything wrong.

This move isn't just bad optics; it’s Olympic-level foolishness. After all, nothing screams “I’m guilty!” quite like carrying around a presidential pardon.

The Guilt-by-Pardon Conundrum

The whole point of a pardon is to absolve someone of a crime they’ve been convicted of or formally charged with committing. If you haven’t committed a crime or been charged officially, accepting a preemptive pardon implies to many that . . . well, you’re a criminal. It disrupts the “presumption of innocence” chain and, instead, creates a self-inflicted narrative of guilt. It grants a status that suggests you’ve committed a crime and have something to hide but haven’t yet been caught or charged.

A pardoned individual can choose to accept or decline such a presidential pardon. Accepting a pardon effectively precludes an individual from exercising their due process rights under the 5th and 6th Amendments, as it eliminates the possibility of a trial or appeal where these rights would be invoked. While receipt of a “preemptive” pardon does not constitute a legal admission of guilt, it also doesn’t convey a “presumption of innocence” because the pardoned has forfeited the opportunity to prove their innocence in court. In the minds of many, a preemptive presidential pardon carries with it a presumption of guilt that forever links the pardoned to whatever imaginary crime was forgiven. No formal charges. No presumption of innocence. No evidence. No trial by jury. No burden of proof. No acquittal. And nowhere to truly clear one’s name.

No, thank you.

What’s This Sitting on My Desk?

If Biden were to scatter preemptive pardons like rose petals before leaving office, here’s how a notional “Presidential Pardon Proclamation Form” would read:

“The President of the United States has deemed it appropriate for you to receive a preemptive presidential pardon. Please complete the attached form in full.”

Executive Grant of Clemency
Joseph R. Biden, Jr.
President of the United States of America

Be It Known That This Day, by the authority vested in me, I, Joseph R. Biden, Jr., President of the United States, in recognition of my authority Under Article II, Section 2, Clause 1, of the Constitution to grant reprieves and pardons for offenses against the United States, have Granted a Full and Unconditional Pardon to . . .

[INSERT NAME OF RECIPIENT - (First) (Middle) (Last)]

. . . For any and all offenses against the United States that may have been committed prior to the date of this proclamation, whether known or unknown, alleged or not alleged, prosecuted or not prosecuted, and without limitation to the nature or scope of such offenses.

Scope and Effect:
This pardon is intended to encompass all criminal liability for federal offenses under the laws of the United States. While this pardon does not formally constitute an admission of guilt, anyone in their right mind will construe it as such. (Sorry, that’s your problem, not mine.)

Purpose:
This pardon is granted in the interests of an unequal justice system and the constitutional authority vested in the Office of the President. It is issued with the intent to protect [NAME OF RECIPIENT] and me, from the undue burdens and uncertainties that may arise from potential future investigations or charges.

Signed:
On this [Day] of [Month], [Year],

Joseph R. Biden
President of the United States”

Pardoning for Crimes Unknown

So, just how does one preemptively pardon someone for a crime that may or may not have occurred? For this to make any sense, Biden would have to be clairvoyant or, at the very least, have access to a time machine. It assumes that at some future date, federal prosecutors will charge someone with something in their past— we just don’t know for what and why. Under this theory, Biden should go ahead and blanket pardon every person he likes— let’s say his entire White House staff, campaign aides, friends and relatives, old college buddies, his dog-walker, heck, everyone that’s ever voted for him in the past 50 years— just to be safe. After all, who knows what offenses they might one day be charged with?

The constitutional pardon power was never intended to be used as a political pressure washer to “clean” everyone who supported you, worked in some capacity for you, or is in your social network. It was meant as an act of mercy, a tool to correct injustices that can be legally rationalized, not an industrial mop for Washington insiders. If President Biden follows through on this, he will have effectively established the "Biden Blanket Pardon Doctrine," a legal theory so absurd it would make even the most jaded law professors cringe. A preemptive pardon confers suspicion. Like the chain that hangs from the neck of Jacob Marley’s ghost, it follows one into eternity.

It solves one problem but creates another. Thinking of running for office someday? Here’s the attack ad. It practically writes itself:

“Senator X received a pardon from Joe Biden. What did he do? What is he hiding? Call Senator X and demand he comes clean on his crimes.”

The Takeaway

President Biden, if you have any brain cells remaining, send this idea to the shredder where “Bidenomics,” the Afghanistan withdrawal, and your open borders strategy belong. For the love of logic and country, do not press the big, red pardon button. If your goal is to create yet another embarrassing memory of your presidency, this will do the trick. And if political malpractice is ever considered a crime someday, you’ll need to pardon yourself for this act, too.