Biden's Last-Minute Pardons

"I say to my friends on the other side of the aisle, you will regret this, and you may regret it a lot sooner than you think."

In 2013, Senator Harry Reid triggered the so-called "nuclear option," which eliminated the filibuster for lower court nominees. At the time, Senator Mitch McConnell stated, "I say to my friends on the other side of the aisle, you will regret this, and you may regret it a lot sooner than you think." McConnell was right. When Democrats filibustered Judge Gorsuch, Reid's decision paved the way for Republicans to eliminate the filibuster for Supreme Court nominees. Had Reid not nuked the filibuster, Roe v. Wade would still be good law. McConnell was right.

And McConnell's words are relevant the final day of the Biden presidency. Yesterday, Seth Barrett Tillman and I wrote, "Who knows what else the final few hours will bring?" Well, a lot. The President has issued a slew of pardons to people who have not been sentenced, who have not yet been convicted, who have not been indicted, who have not been charged, and who have not yet even been investigated!

Pardons were given to members of the January 6 committee (who otherwise have immunity under the Speech or Debate Clause), unnamed staff members, and unnamed police officers who testified before the committee. Another pardon was given to Mark Milley, for his service between January 1, 2014, and the present. And for good measure, Dr. Anthony Fauci was pardoned. Alas, others were left out. Alexander Vinman's wife feels betrayed her husband was not pardoned.

Moreover, Biden has issued pardons to his entire immediate family, following the pardon to his son. These pardons were announced about twenty minutes before noon, after Biden was already in the Rotunda. No public pardon has been announced for Jill Biden, and the President himself. Query if Biden signed a self-pardon, and one for his wife, which may become public later.

These precedents will be regretted very soon by Democrats.