As President Joe Biden’s time in the White House winds down, speculation is mounting over whom he might choose to pardon or grant clemency in his final days. Historically, outgoing presidents have used their pardon power to address politically sensitive or controversial cases. For Biden, potential candidates range from his embattled son Hunter to high-profile political figures and activists.
While the White House has not confirmed any forthcoming clemency decisions, the Washington Examiner suggests a speculative list that includes family members, political allies, critics of his successor Donald Trump, and even Trump himself.
At the forefront of this speculation is Hunter Biden, whose legal troubles have drawn intense media scrutiny and political attacks. Hunter was convicted of three federal gun-related felonies earlier this year and pleaded guilty to nine federal tax violations in September. Sentencing is scheduled for December, and he could face significant penalties.
Despite President Biden’s repeated public assurances that he would not intervene in his son’s legal affairs, he may face mounting pressure to issue a pardon. A pardon would shield Hunter not only from punishment for these crimes but also from potential future prosecutions related to other allegations.
With Biden entering lame-duck status, issuing a pardon for his son would carry little immediate political cost but could spark backlash from critics who accuse him of abusing his executive powers for personal reasons.
Another group of potential pardon recipients includes individuals who have been vocal critics or legal adversaries of President-elect Trump. As Trump prepares to take office, many Democrats fear he could use his administration to investigate or prosecute those who opposed him, including Special Counsel Jack Smith, New York Attorney General Letitia James, Manhattan District Attorney Alvin Bragg, and other prominent figures.
Biden could issue preemptive pardons to shield these individuals from what some Democrats fear might be retaliatory actions by a Trump-led Justice Department. High-profile political figures such as former Speaker Nancy Pelosi, Sen.-elect Adam Schiff, and former Reps. Liz Cheney and Adam Kinzinger are also considered possible candidates.
Such preemptive pardons would be controversial but could be framed as a safeguard against politicized prosecutions that could deepen partisan divides.
Julian Assange, the founder of WikiLeaks, is another potential candidate for clemency. Assange pleaded guilty earlier this year to violating the Espionage Act as part of a plea deal to avoid a potentially decades-long prison sentence. His prosecution has drawn criticism from journalists, lawmakers, and free speech advocates, who argue it sets a dangerous precedent for press freedom and First Amendment rights.
A bipartisan group of lawmakers, including Reps. Thomas Massie (R-KY) and James McGovern (D-MA), has called on Biden to pardon Assange. In their letter, they emphasized that such a move would signal a commitment to protecting journalists and media outlets from prosecution for reporting on government leaks.
Pardoning Assange would likely be hailed by civil liberties groups as a bold move to protect free speech but could provoke backlash from those who view Assange’s actions as a threat to national security.
Perhaps the most surprising possibility is that Biden could pardon his successor, President-elect Donald Trump. Such a move, while unprecedented, would be seen as a gesture of statesmanship aimed at healing a deeply divided nation.
Although several of the criminal cases against Trump have been dismissed or delayed, lingering legal challenges could overshadow his second term as president. By issuing a preemptive pardon, Biden could help Trump avoid years of legal battles that would likely dominate headlines and further polarize the country.
This hypothetical pardon would not come without risks for Biden. Critics on the left might accuse him of absolving Trump of accountability, while Trump’s own supporters could view it as unnecessary interference. However, some argue that such a pardon could serve as a pragmatic step toward national reconciliation.
Presidents often use their pardon powers in their final days to address controversial or politically sensitive cases. However, the decisions can provoke outrage if perceived as self-serving or unjust. For Biden, the stakes are particularly high, as any clemency decision involving family members or political rivals would face intense scrutiny.
While it remains unclear who, if anyone, will receive clemency from Biden, the speculation underscores the power and controversy surrounding presidential pardons. Whether Biden chooses to focus on his family, political allies, or broader societal issues, his decisions in the coming weeks could leave a lasting mark on his presidency and the nation.
As the clock ticks down on Biden’s presidency, all eyes are on the White House to see if he will exercise his clemency powers—and if so, how it will shape his legacy.