Pardon Power May Turn Lawfare Nuclear Under Donald Trump | Opinion

The pardon of Hunter Biden should surprise no one. President Joe Biden has always placed his family above political optics. This move was inevitable. However, the real issue at hand isn’t the pardon itself but what it signals: a potential new era in the use of presidential pardons.

Trump’s Strategic "Lawfare" Plans

Donald Trump, preparing for his potential second term, appears to be laying the groundwork for an aggressive use of governmental power. Under the pretense of ending “lawfare,” he seems poised to intensify it. With rumored appointees like Pam Bondi as Attorney General, Kash Patel heading the FBI, and Pete Hegseth as Defense Secretary, Trump could assemble a team to wage an unprecedented offensive against his adversaries. He may claim this is to save the justice system, even as he dismantles its integrity.

Biden’s Dilemma: Preemptive Pardons?

President Biden faces a complex decision: should he proactively use pardons to protect individuals who may become targets of Trump’s lawfare? Figures like Jack Smith, Nancy Pelosi, Merrick Garland, Alvin Bragg, Letitia James, Fani Willis, Kamala Harris, Liz Cheney, and Mark Milley could be in the crosshairs. A sweeping round of pardons could shield these individuals and send a message to Trump. However, it’s unlikely Trump would accept such a move as an olive branch.

Trump’s Likely Response: Pardons as Political Weapons

If Trump returns to power, pardons could become his primary tool for consolidating loyalty and enabling his agenda. He might preemptively pardon loyalists before charges arise and signal his readiness to shield anyone acting on his behalf. Pardoning January 6th insurrectionists could serve as a demonstration of his willingness to reward loyalty.

However, Trump’s power has limits. State-level crimes remain outside his pardon authority, and civil lawsuits could still hold his appointees accountable. Moreover, Trump’s history shows that loyalty to him is no guarantee of protection. Past allies such as Reince Priebus, Rex Tillerson, and James Mattis learned this lesson the hard way.

A Better Path: Genuine Lawfare Reform

Rather than escalating political warfare, true reform could insulate the justice system from political influence. Strengthening the independence of prosecutors, reinforcing the FBI’s impartiality, and ensuring merit-based promotions in the military would bolster trust in public institutions. While Trump’s accusations of lawfare are baseless, enhancing these safeguards could prevent future abuses.

Unfortunately, Trump’s rhetoric about ending lawfare appears disingenuous. His rumored plans suggest a trajectory toward greater weaponization of governmental power, not less. The next chapter in the story of pardons may well define the balance between accountability and abuse of power in American politics.