Other Preemptive Pardons
Joe Biden
Dec 1, 2024 - R. Hunter Biden
Jan 19–20, 2025 - Dr. Anthony Fauci
Scope: “Full and unconditional” preemptive pardon intended to protect against politically-motivated prosecutions related to his service as a public-health official. Reported as part of the same final-day clemency actions. AP News+1
Jan 19–20, 2025 - Ret. Gen. Mark A. Milley
Scope: “Full and unconditional” preemptive pardon for actions tied to his service as Chairman of the Joint Chiefs (described publicly as protection from retaliatory prosecutions). AP News+1
Jan 19–20, 2025 - Members and staff of the House Select Committee to Investigate January 6, 2021 (wide category)
Scope: Broad preemptive pardons issued to members and staff who investigated Jan. 6; reporting names several high-profile figures (e.g., Rep. Liz Cheney among members) and also included officers and staff who testified. These pardons were described publicly as shielding investigative participants from politically-motivated prosecutions. (News coverage / White House summary). AP News+1
Jan 19-20, 2025 - U.S. Capitol and D.C. Metropolitan police officers who testified before the Jan. 6 committee
Scope: Included in the group pardons tied to the Jan. 6 investigation; intended to cover testimony-related exposure. AP News - UPDATE: Several members of the Jan committee have been prosecuted since this publishing.
Jan 19-20, 2025 - Immediate family members (five named): James B. Biden; Sara Jones Biden; Valerie Biden Owens; John T. Owens; Francis W. Biden
Scope: Pardons to these immediate family members described as protection from “baseless and politically-motivated prosecutions.” The White House statement named these five. The White House+1
Scope: Named in the White House statement as recipients of pardons (individual pardons listed alongside other actions). See White House release for exact wording. The White House
Other clemency entries on DOJ’s official list
Scope: The Department of Justice publishes the full pardons/commutations (warrants) and those records include many individual names and the exact legal wording and scope. If you need full warrant text for each name (dates, statute references, exact time windows), the DOJ clemency pages are the authoritative source. Department of Justice
Gerald Ford – Richard Nixon (1974)
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Most famous preemptive pardon in U.S. history.
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Ford granted a full and unconditional pardon to Nixon for “any crimes he may have committed” during the Watergate scandal—before Nixon had been charged.
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This act was politically explosive and heavily criticized, but legal. The Supreme Court has upheld that the presidential pardon power includes preemptive use.
🔍 Significance: Set a modern precedent that preemptive pardons are constitutionally allowed, even if politically toxic.
2. George H. W. Bush – Iran-Contra Officials (1992)
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Bush pardoned six Reagan-era officials, including former Defense Secretary Caspar Weinberger, before trial on charges related to the Iran-Contra affair.
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The move infuriated independent counsel Lawrence Walsh, who claimed it short-circuited justice and undermined the rule of law.
🔍 Significance: These were not just pre-conviction but in some cases pre-trial pardons. Highly controversial and seen by critics as a political cleanup.
3. Jimmy Carter – Vietnam War Draft Evaders (1977)
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On his first full day in office, Carter granted a blanket pardon to hundreds of thousands of men who had illegally avoided the draft.
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Many of them were never formally charged but were still legally considered fugitives.
🔍 Significance: Viewed as a national act of healing, but still technically preemptive.
4. Bill Clinton – Marc Rich (2001)
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Rich, a wealthy commodities trader, had fled the country to avoid prosecution for tax evasion and other charges.
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Clinton pardoned him while he was still a fugitive—Rich was never tried or convicted.
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The pardon was heavily scrutinized, especially after it was revealed that Rich’s ex-wife had made large donations to the Clinton Library.
🔍 Significance: Another example of a pardon not just before conviction, but before trial—seen by many as a "pardon for sale."
5. Donald Trump – Several associates and allies
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Trump didn’t issue any full-scale blanket preemptive pardons like Ford or Carter, but:
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He reportedly considered preemptive pardons for himself, his children, and allies like Rudy Giuliani.
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He did pardon allies like Roger Stone and Paul Manafort, but after conviction or charges had been filed.
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🔍 Significance: While no formal preemptive pardons were issued, the idea was floated publicly, and internal discussions were widely reported.
⚖️ Summary: What Makes a Preemptive Pardon Legal?
Under Article II, Section 2 of the U.S. Constitution, the President has the power to "grant reprieves and pardons for offenses against the United States, except in cases of impeachment."
This power has been interpreted by the Supreme Court to mean:
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Pardons can be issued before conviction
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Even before charges are filed
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But not to cover future crimes
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