Fauci and others could face consequences if Biden issues a preemptive pardon, warns HHS secretary.

Biden stated to USA Today that he was still weighing the possibility of issuing preemptive pardons in the remaining days of his presidency.

Fauci and others could face consequences if Biden issues a preemptive pardon, warns HHS secretary.
Fauci and others could face consequences if Biden issues a preemptive pardon, warns HHS secretary.

Secretary Xavier Becerra cautioned against the consequences of a preemptive presidential pardon for individuals such as Dr. Anthony Fauci, only hours after President Biden stated in an interview that he was still contemplating it.

Becerra, who was previously California's attorney general and now serves as HHS secretary, expressed his concern about the use of the pardon process in a way that follows the whims of whoever is in the White House in an interview with The New York Times on Wednesday. He emphasized that he was speaking from his legal background rather than his position in Biden's Cabinet.

"He emphasized the importance of respecting the power of the presidency, stating that it should be held in high regard. He argued that if this power is not respected, it becomes commonplace and can be used anywhere, which he believes is not desirable."

President Biden and HHS Secretary Xavier Becerra
President Biden and HHS Secretary Xavier Becerra (AP Newsroom)

Becerra refused to clarify whether he meant that Biden should not pardon Fauci, who was his former chief medical adviser during the pandemic and served as the director of the National Institute of Allergy and Infectious Diseases for several decades.

He stated his opinion without attempting to explain what you were hearing.

Biden's final interview with a print publication as president was conducted hours before Becerra made his comments about preemptive pardons for Trump's political targets still being under consideration.

Trump's nominees for FBI and attorney general, Patel and Bondi, have previously expressed support for using the Justice Department to pursue individuals they believe were unfairly targeted by Trump.

Some Republicans in Congress and Trump's top transition advisers, including Elon Musk, have advocated for prosecuting Fauci over his management of the COVID-19 pandemic.

FAUCI
Dr. Anthony Fauci is sworn in before testifying before a House subcommittee on the coronavirus pandemic on June 3, 2024, in Washington, D.C. (Chip Somodevilla/Getty Images)

Trump's nominee for attorney general, Robert F. Kennedy Jr., previously stated while running for president that he would prosecute Fauci if he won the election and his attorney general determined that crimes had been committed in Fauci's handling of the coronavirus. During the pandemic, Fauci was accused of working to evade public records laws and lying to Congress in apparent efforts to conceal the origins of the virus.

There is disagreement among Democrats on whether Biden should grant preemptive pardons to public officials who could be politically targeted by Trump.

"To effectively stop Trump's authoritarian aspirations, we must act decisively and utilize all available tools. Trump has demonstrated time and again that he is willing to disregard norms and traditions in order to consolidate power and punish his opponents. As Rep. Brendan Boyle, D-Pa., stated in a recent statement, "The time for cautious restraint has passed. We must act with urgency to counter these threats and prevent Trump from abusing his power.""

Trump and Biden
President Biden said he was considering preemptive pardons based on President-elect Trump's nominees for key spots. (Getty Images)

According to legal experts, Biden has the power to issue preemptive pardons, as demonstrated by President Gerald Ford's precedent when he granted a blanket pardon to Richard Nixon for any crimes committed while in office, even though Nixon had not been charged with anything after resigning following the Watergate scandal.

HHS did not respond to Planet Chronicle Digital's request for comment before the publication deadline.

by Alec Schemmel

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