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Preemptive Pardons? Why a Legal Expert Warns Biden Against It

Preemptive Pardons? Why a Legal Expert Warns Biden Against It

AWN legal contributor Jonathan Turley said on “Fox & Friends” Thursday that President Biden’s preemptive pardon of President-elect Trump’s political adversaries, such as former Rep. Liz Cheney, would establish a “dangerous” precedent for subsequent administrations.

Jonathan Turley: I’m quite opposed to pardoning Liz Cheney. I believe she will receive one, but preemptive pardons are extremely destructive to our system. Some individuals are urging that Joe Biden give up the thousands of preemptive pardons, which I refer to as white knight pardons, and that some of this is intended for political rather than legal reasons. I do not believe Cheney is in significant danger of prosecution, but we have a legal system to preserve her rights and the interests of the American people. So, if she is probed and something unknown is discovered, there may be grounds for prosecution. But right now, I’m pretty doubtful. However, preemptive pardons would modify the pardon power in a harmful way. We have been through a very decisive, divided moment. I example, Thomas Jefferson dubbed the Adams administration the “reign of the witches,” but none of them issued preemptive pardons. That would be a major mistake for President Biden.

According to Politico, the White House is presently considering pardoning notable Trump critics, including Dr. Anthony Fauci, Sen.-elect Adam Schiff of California, and former Rep. Liz Cheney of Wyoming.

According to a report released Tuesday by House Administration Subcommittee on Oversight Chair Rep. Barry Loudermilk, R-Ga, Cheney is facing calls from GOP legislators to have the FBI investigate her for “potential criminal witness tampering” related to her former role on the Jan. 6 House Select Committee.

Politico reported that White House attorney Ed Siskel is scheduling discussions regarding potential pardons with several other senior Biden advisers, including chief of staff Jeff Zients, though Biden has yet to participate.

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