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Saturday, November 14, 2026Nov 14

Opinion: Presidents’ unlimited power to pardon is worth a discussion

File photo/Eric Lee/The New York Times / President Joe Biden, shown embracing his son Hunter Biden after his speech at the Democratic National Convention in Chicago in August, 2024, issued a full and unconditional pardon of his son on Sunday, Dec. 1, 2024.
File photo/Eric Lee/The New York Times / President Joe Biden, shown embracing his son Hunter Biden after his speech at the Democratic National Convention in Chicago in August, 2024, issued a full and unconditional pardon of his son on Sunday, Dec. 1, 2024.

Pardons were flying all over Washington last week like a flock of birds, or airplanes during peak hours at Reagan airport.

Joe Biden was first, issuing “pre-emptive” pardons to five members of his family, including his brother. Republicans have accused the Biden family of ill-gotten gains by “selling” the Biden brand and making millions, which they funneled through 20 LLCs with no apparent goods or services provided in exchange. Biden also issued pre-emptive pardons to former Joint Chiefs of Staff Chairman Mark Milley, Dr. Anthony Fauci and members of the House Jan. 6 committee and its staff.

I have not been able to find a justification in law for pre-emptive pardons. Are they like “pre-boarding” airplanes, which is impossible? Biden also commuted to life in prison the sentence of a man who murdered an FBI agent. Biden had previously pardoned his son Hunter after repeatedly saying he wouldn’t. Remember Hunter’s line about “10 percent for the big guy,” which many took to be a commission for his father over questionable business deals?

A pre-emptive pardon is about protecting people who might be charged with a crime or crimes, ensuring their silence. It might be compared to a nondisclosure agreement, or even hush money.

Republicans should continue their investigation of what they suspect has been corruption in the Biden family and issue a report, much as former special counsel Jack Smith did with President Donald Trump and Smith’s allegation that Trump incited what he called an “insurrection” on Jan. 6, 2021.