Then-President Joe Biden considered offering a presidential pardon to his predecessor, Donald Trump, in the final months of his term, according to a report detailing conversations with Utah Governor Spencer Cox. The White House has since characterized this consideration as proof that Democrats weaponized the Justice Department.
Cox, a Republican governor, told The Atlantic that Biden shared his thoughts on a potential pardon for Trump in August 2023, before Cox had endorsed Trump. Biden reportedly stated that he and First Lady Jill Biden had a long conversation about it. Cox believed that pardoning Trump, who faced numerous criminal charges, could help heal the nation and halt a cycle of partisan retribution.
Cox relayed Biden's comments, noting that the idea of pardoning Trump "might sound crazy" and would face opposition from Biden's base, which he said was "demanding justice" for Trump. Biden indicated he would seriously consider the pardon, but it never materialized after Trump defeated Vice President Kamala Harris in the 2024 presidential election.
Cox expressed hope that Biden would "choose mercy over escalation" by forgiving Trump, and similarly urged Trump to "choose unity over retaliation" after a shooting incident in August 2024. "In both cases, things didn't turn out quite the way I'd hoped," Cox said.
Following Biden's departure from office, the Trump administration seized on the report. White House spokeswoman Lauren Bis stated, "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." She added, "A real profile in courage."
Biden did issue pardons for several individuals close to him before leaving office. These included his son Hunter Biden, Dr. Anthony Fauci, and members of the January 6 Committee. The first pardon Biden issued after losing the 2024 election was for Hunter Biden, who had been convicted of felony tax charges and federal crimes related to lying about drug use on a firearm purchase form. Democrats reportedly expressed concern that this could grant Trump permission to issue broad pardons without facing accusations of hypocrisy.
On the same day Biden pardoned his son, Trump announced he would pardon January 6 defendants. Biden, in his pardon announcement, described the action as warranted for public servants who have "been threatened with criminal prosecutions" and "do not deserve to be the targets of unjustified and politically motivated prosecutions."
In his final moments in the Oval Office, Biden also granted clemency to former Chairman of the Joint Chiefs of Staff Mark Milley. The Biden administration granted over 1,500 individuals clemency in total during its final weeks. Emails indicate Biden formally decided on issuing preemptive pardons for his family on January 19, 2024. The pardons for Fauci and his son drew significant public backlash.