Pardon Envy: Democrats Vie to Make the Biden Pardon List
By: Jonathan Turley | December 9, 2024
Read more at https://jonathanturley.org/2024/12/09/pardon-envy-democrats-vie-to-make-the-biden-pardon-list/
Below is my column in The Hill on the calls for “blanket pardons” for hundreds and even thousands of people. Despite Trump’s ill-considered statement about how the J6 Committee members should go to jail for what they did on NBC this weekend, Trump has also insisted that he wants “success” to be his revenge. Many in the media are also omitting that Trump immediately said “no” to whether he would direct either the Attorney General or the FBI director to indict or investigate. While I have been a vocal critic of the J6 Committee, I know of no crime that could be credibly pursued against the members, as I have written. More importantly, presidents do not just send people to jail. There will be no round-up of opponents and democracy will survive. We have an entire constitutional system designed to prevent arbitrary prosecutions or authoritarian measures. These White Knight pardons are meant to preserve a collapsing narrative of how Trump wants to round up his enemies and end democracy. It has resulted in a strange and uniquely Washington phenomenon: pardon envy.
Here is the column:
Liberal pundits and press in Washington are facing a growing nightmare in Washington. No, it is not the victory of President-elect Donald Trump or the Democrats’ loss of both houses of Congress and the popular vote in this election. It is the possibility that democracy may not collapse as predicted, and Trump might not even round up his opponents en masse.
For months, liberals have been telling voters that this will likely be their last election and that democracy is about to end in the U.S. ABC host Whoopi Goldberg declared on “The View” that Trump will immediately become a dictator who will “put you people away … take all the journalists … take all the gay folks … move you all around and disappear you.”
Many predicted they would be on the top of the enemies list and the first to be rounded up.
Now, the moment is nearly here, and pundits are dreading that the public may notice there is no line of democracy champions being frog-marched down Pennsylvania Avenue. Faced with such a scenario and a further loss of credibility, many are coming up with the next best thing — pretending they stopped the roundup by having Biden pardon everyone. The spin will be that Trump would have gone after rivals but was prevented from doing so by Biden.
The idea is to portray yourself as a white knight, riding down to protect the vulnerable and timid from the coming hoard.
Even if democracy inconveniently survives, Biden can preserve the narrative with sweeping pardons. The White House is reportedly exploring giving preemptive pardons to figures ranging from Dr. Anthony Fauci, Sen.-elect Adam Schiff (D-Calif.) and former Rep. Liz Cheney (R-Wyo.).
Cheney previously declared that this “may well be the last real vote you ever get to cast.” A pardon would preserve her persona as a modern-day Joan of Arc who avoided being burnt at the stake only by the grace of a Biden pardon. Others seem to be panicking that there may be a list of pardoned people, but they will be left off. Call it “Pardon Envy.” The only thing worse than not being on a Trump enemies list is not being on a Biden pardon list.
Before the election, MSNBC host Al Sharpton and regular Donny Deutsch warned viewers that they would likely be added to an “enemies list.” MSNBC host Rachel Maddow ominously told her viewers that, “Yes, I’m worried about me — but only as much as I’m worried about all of us.”
Washington Post columnist Jennifer Rubin seemed apoplectic that she and others might be omitted from both lists. One has to be somewhat sympathetic to Rubin. To be left both unpardoned and unarrested is to lose all standing among the “save democracy” social set.
Rubin, once dubbed the Post’s Republican columnist, has called for the Republican Party to be burned down and recently advised people how to keep panic alive despite the election: “You can’t talk broad themes. You have to boil it down to nuts and bolts, and you have to be pithy. What do I mean by pithy? How about this: Republicans want to kill your kids. It’s true.”
In a podcast, Rubin explained that Biden should pardon “thousands” to blunt Trump’s “initial round of revenge” from journalists to the “little guy and gal” counting votes. She advised that he should pardon whole “categories” of people to pardon anyone Trump may have “identified by name or type” to offer “protection from a maniac.”
In her most recent column, Rubin repeated the call for Biden to pardon “scores of Americans” due to a “reasonable fear that a weaponized FBI directed by a vengeful president will carry out threats to pursue his enemies.”
The key is to issue broad pardons to suggest that, absent such extraordinary action, “this maniac” would have purged whole areas of blue states. It is like telling everyone that you are wearing a tin-foil hat to prevent aliens from snatching you. When someone points out that they have not seen any aliens, you can respond, “See, it worked!”
The Biden White House is considering the use of such white-knight pardons to claim that the president did not protect just his son (and himself) with the pardon power but many others. Biden wants to remove the stain of his abuse of the pardon power to benefit his own family by turning it into a literal party favor for other Democrats and Trump critics. Even though Trump has denied any interest in retribution, saying that “my revenge will be a success,” preemptive pardons leave the impression that they did in fact preempt something that would have occurred.
A white-knight pardon can also work when you are protecting someone who does not want to be saved. That is the case with a Trump pardon. Such a pardon is absolutely not needed and would constitute the most hostile pardon in history. The federal cases against Trump are effectively dead. Even though they were dismissed without prejudice, it is extremely unlikely they would be resumed. Moreover, the cases brought by Special Counsel Jack Smith were riddled with constitutional problems and unlikely to be sustained even with a conviction.
The only ongoing legal threat to Trump is from Democratic prosecutors on the state level, such as Manhattan District Attorney Alvin Bragg and Fulton County District Attorney Fani Willis. A pardon would not apply to such cases anyway.
Yet, to pardon Trump for nonexistent federal cases would be to suggest that Biden saved him from prosecution. This is the same president who did nothing for years until the cases collapsed. He would now claim that he worked to bring the nation together after calling Trump a virtual Nazi and his supporters “garbage.”
Trump may be the only one who is not interested in a trophy pardon. What is the value of being part of the resistance if you are not being pursued, persecuted or pardoned?
It seems like some of the same people who had hoped to be on the list for the Biden Inaugural balls are now making calls to make the Biden pardon list. If Biden were to yield to calls for hundreds or even thousands of pardons, the loss of political standing for those not making the list could become intolerable. For any self-respecting armchair resistance fighter in 2025, a Biden pardon could become the latest status symbol.
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