Becerra Voices Concern Over Potential Preemptive Pardons by Biden

Created: JANUARY 26, 2025

Secretary of Health and Human Services (HHS) Xavier Becerra expressed apprehension regarding the potential impact of preemptive presidential pardons, particularly in light of President Biden's recent statement about considering such action. Becerra's comments followed an interview where Biden suggested he was contemplating preemptive pardons for individuals like Dr. Anthony Fauci.

In a discussion with The New York Times, Becerra, drawing on his legal background, voiced concern that employing the pardon process in this manner could diminish its significance. "It troubles me to think the pardon process might be influenced by the current occupant of the White House," Becerra stated. He emphasized the importance of treating the presidential power to pardon with utmost respect to prevent its devaluation.

President Biden, left, and HHS Secretary Xavier Becerra.

President Biden, left, and HHS Secretary Xavier Becerra. (AP Newsroom)

While Becerra declined to comment directly on whether he believed a pardon for Fauci would be inappropriate, his remarks came shortly after Biden's interview, in which the president indicated he was still considering preemptive pardons for individuals considered political targets of the incoming Trump administration. This includes figures like Fauci, who faced criticism from Republicans and some of Trump's advisors regarding his management of the COVID-19 pandemic.

The discussion of preemptive pardons arises amidst calls from some, including incoming officials in the Trump administration, for investigations into individuals associated with the Biden administration. Robert F. Kennedy, Jr., Trump's nominee to succeed Becerra, previously suggested he would consider prosecuting Fauci if evidence of wrongdoing emerged.

FAUCI

Dr. Anthony Fauci is sworn in before a House subcommittee on the coronavirus pandemic in Washington, D.C., on June 3, 2024. (Chip Somodevilla/Getty Images)

The potential for preemptive pardons has sparked debate, with some arguing it's a necessary measure to protect against potential political persecution, while others express concern about its potential misuse. Rep. Brendan Boyle (D-Pa.) advocated for Biden to issue broad pardons for potential targets, emphasizing the need for decisive action to counter perceived authoritarian threats. Conversely, others argue that such pardons could be seen as undermining the judicial process.

Trump and Biden

President Biden said he was considering preemptive pardons based on President-elect Trump's nominees for key spots. (Getty Images)

Legal scholars point to the precedent set by President Gerald Ford's pardon of Richard Nixon as a potential basis for Biden's authority to issue preemptive pardons. Fox News reached out to HHS for further comment, but did not receive a timely response.

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