The Biden administration is considering pardoning Anthony Fauci and Liz Cheney, per Politico
President Joe Biden’s senior aides are actively debating whether to issue preemptive pardons to current and former public officials who may become targets of President-elect Donald Trump when he assumes office, according to senior Democrats familiar with the discussions.
The White House is particularly concerned about a range of officials who could face investigations or indictments under Trump’s administration. These fears have intensified since Trump announced Kash Patel, a vocal ally, as his pick to lead the FBI. Patel has openly pledged to pursue individuals critical of Trump.
While Biden’s aides are weighing the unprecedented move of granting blanket pardons to individuals who have not been charged with crimes, they are cautious about the implications. Such a step could appear improper and fuel Trump’s narrative. Additionally, some potential recipients of preemptive pardons might reject them, perceiving the offer as an admission of guilt.
The discussions focus on officials both in office and those no longer serving who have clashed with Trump or his allies. Potential candidates for pardons include members of the January 6 Committee, such as Senator-elect Adam Schiff (D-Calif.) and former GOP Representative Liz Cheney, whom Trump has openly called for prosecuting. Another name under consideration is Anthony Fauci, the former head of the National Institute of Allergy and Infectious Diseases, who became a focal point of conservative criticism during the COVID-19 pandemic.
The deliberations are led by White House Counsel Ed Siskel, with input from Chief of Staff Jeff Zients and other senior aides. Biden himself has not yet been directly involved in these broader discussions, though he played a central role in the pardon of his son, Hunter Biden.
This debate stems from Trump’s repeated threats and quiet lobbying by congressional Democrats—not from requests by the potential beneficiaries themselves. “The beneficiaries know nothing,” one Democratic insider noted.
Biden’s ultimate decision could significantly impact high-profile public officials and rivals the importance of his decision to pardon Hunter Biden. The White House declined to comment on the ongoing discussions but did not deny their existence.
The conversations highlight Democrats’ growing concerns about how far Trump’s retaliatory efforts could extend. Biden’s pardon of his son, which covers an 11-year span, underscored the administration’s fears about potential openings for prosecution under Trump’s team. The broader question now is whether to take Trump’s threats at face value and act preemptively to protect those he might target.
Calls for preemptive pardons echo historical precedents, such as President Gerald Ford’s pardon of Richard Nixon before charges were filed. Senator Ed Markey (D-Mass.) recently cited Ford’s decision as a possible model, urging Biden to consider similar action if Trump’s intentions become evident. Representative Brendan Boyle (D-Pa.), a close Biden ally, also voiced support, calling the threats “no hypothetical” and urging the president to act decisively.
Not all Democrats agree. Schiff has publicly opposed the idea, calling it “defensive and unnecessary.” Cheney and Fauci did not comment, but some aides believe others may quietly support preemptive pardons despite public reluctance.
The financial burden of potential legal battles is also a concern for officials who may not have the means to afford high-priced legal defense. Some appointees are already contemplating private-sector jobs to prepare for possible investigations under the new administration.
Adding to the complexity, Biden faces pressure from Democrats urging him to extend clemency to working-class individuals in federal prisons, referencing his leniency toward his son. House Democratic Leader Hakeem Jeffries (D-N.Y.) recently called on Biden to address unjust prosecutions of nonviolent offenders on a case-by-case basis, reflecting a broader push for equity in presidential pardons.