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Sen. Adam Schiff recently appeared on MSNBC with former Biden press secretary Jen Psaki, where he criticized President Donald Trump’s pardons for individuals convicted of minor offenses related to the January 6, 2021, Capitol riot. Schiff’s remarks come as Trump fulfills his campaign pledge to grant clemency to many of those prosecuted for their involvement.
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The Biden Justice Department has aggressively pursued more than 1,500 individuals, including retirees and grandparents, for misdemeanors tied to January 6. In response, Trump issued pardons, sparking outrage among Democrats. Schiff described the move as “obscene” and “grotesque,” accusing Trump of abusing his presidential power to excuse acts of violence and lawlessness.
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Schiff said that It was a terrible way to begin his administration, but not a surprising one, and while condemning the pardons as a signal of support for white nationalist leaders, referencing a pardon for a Proud Boys leader.
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However, Schiff’s criticism overlooks the Biden administration’s own controversial clemency decisions. As he left office, President Joe Biden granted sweeping pardons and commutations, including pre-emptive clemency for family members, Dr. Anthony Fauci, and individuals involved in the Pelosi-selected January 6 Committee.
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Trump’s pardons, which primarily focused on non-violent offenders, contrasted sharply with Biden’s. Despite continued Democratic claims of insurrection, there is no conclusive evidence tying Trump directly to incitement. On the day of the riot, Trump explicitly called for peaceful protests.
Biden’s actions, however, faced bipartisan scrutiny. In December, Sen. Amy Klobuchar (D-MN) expressed discomfort with Biden’s mass clemency during an appearance on CBS’ Face the Nation. Among the 39 pardons and 1,500 sentence commutations Biden granted, some raised eyebrows, including clemency for his son.
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Klobuchar said that she didn’t agree with the pardon of the president’s son. She proposed implementing external review boards for such decisions, akin to those used by governors. She added that it makes no sense to her, questioning the timing and transparency of Biden’s clemency grants.
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As both parties continue to debate the ethics and impact of presidential pardons, Trump’s focus on rectifying perceived injustices from the January 6 prosecutions remains a point of contention, while Biden’s controversial clemency decisions continue to draw criticism from both sides.
Preemptive pardons at minimum require that a crime has been committed or that it will be committed. Yet, it’s a conviction without the due judicial process. I believe the precedent is thin.