President Joe Biden considered issuing a presidential pardon to his predecessor, Donald Trump, in the final months of his presidency, according to claims made by Utah Governor Spencer Cox and subsequently cited by the White House. The White House has stated this consideration proves that Democrats politicized the Justice Department.
Cox told The Atlantic that Biden shared this consideration with him during a conversation in August 2023. "You know, I've actually considered this for a while," Biden reportedly said, according to Cox. "In fact, just this week as we were lying in bed, Jill and I had a long conversation about it."
The Trump administration reacted by asserting that this information shows President Biden was aware of what they term unfair treatment of Trump by the justice system but did not intervene. "This shows President Biden knew he and his fellow extreme Democrats had weaponized the justice system against his political opponent, but did nothing to stop it," White House spokeswoman Lauren Bis told the Daily Mail. Bis sarcastically referred to this as "A real profile in courage."
Cox, a Republican governor, reportedly believed that pardoning Trump for the criminal charges he faced could help heal the nation and halt partisan revenge tactics. He framed the potential pardon to Biden as something that "might sound crazy," despite Biden's base "demanding justice" for Trump. The pardon was never issued, reportedly because Trump defeated Vice President Kamala Harris after Biden decided not to seek reelection.
Cox expressed hope that Biden would "choose mercy over escalation" by offering forgiveness to Trump, similar to his own call for Trump to "choose unity over retaliation" after an assassination attempt on Trump in August 2024. "In both cases, things didn't turn out quite the way I'd hoped," Cox said.
Biden did issue several pardons to individuals close to him before leaving office. These included his son Hunter Biden, Dr. Anthony Fauci, and members of the January 6 Committee. The pardons for Hunter Biden, who was convicted of felony tax charges and federal crimes for lying on a firearm purchase form, and Dr. Fauci, among others, generated significant backlash. The White House stated in the pardon announcements that these individuals were public servants who "do not deserve to be the targets of unjustified and politically motivated prosecutions."
Emails indicate Biden formally decided on issuing preemptive pardons for his family on January 19, 2024. The White House statement on these pardons noted, "Our nation relies on dedicated, selfless public servants every day. They are the lifeblood of our democracy. Yet alarmingly, public servants have been subjected to ongoing threats and intimidation for faithfully discharging their duties."
Meanwhile, Trump announced on the same day Biden pardoned his son that he would pardon January 6 defendants charged with crimes related to the Capitol attack. The Biden administration granted over 1,500 individuals clemency in its final weeks in office.