Joe Biden may set a dangerous new precedent with preemptive pardons

There are growing indications that President Biden is about to fundamentally change the use of presidential pardons by granting “prospective” or “preemptive” pardons to political allies.Despite repeated denials of President-elect Donald Trump that he is seeking retaliation against opponents and wants “success [to be] my revenge,” Democratic politicians and pundits have called for up to thousands of such pardons.While there is little threat of any viable prosecution of figures like the members of the House’s Jan.6 committee, the use of “White Knight pardons” offers obvious political benefits.After many liberals predicted the imminent collapse of democracy and that opponents would be rounded up by the Trump administration, they are now contemplating the nightmare that democracy might survive and that there will be no mass arrests.The next best thing to a convenient collapse of democracy is a claim that Biden’s series of preemptive pardons averted it — to preserve the narrative.Biden’s pardon list has replaced the usual Inauguration Ball lists as the “must-have” item this year.

Pardon envy is sweeping over the Beltway, as politicians and pundits push to be included on the list of presumptive Trump enemies.But the political stunt would come at a cost.Preemptive pardons could become the norm as presidents pardon whole categories of allies and even themselves to foreclose federal prosecutions.It will give presidents cover to wipe away any threat of prosecution for friends, donors and associates.This can include self-pardons issued as implied condemnations of their political opponents.It could easily become the final act of every president to pardon himself and all of the members of his administration.

We would then have an effective government immunity rule that comes with service in the executive branch.Ironically, there is even less need for such preemptive pardons after the Supreme Court recognized that presidents are immune for many d...