As President Joe Biden left the White House on Monday, he issued a series of unprecedented preemptive pardons to members of his family, figures from the January 6th Committee, Dr. Anthony Fauci, General Milley, and others. For many Americans, this bold move was nothing short of alarming. Many saw the last-minute move as a troubling signal that those pardoned might be getting away with their actions to suppress conservative voices and policies. However, as tempting as it may be for the incoming Trump administration to seek retribution, doing so would perpetuate the same weaponization of government that has plagued our system during the Biden Administration.
There in no question that Joe Biden’s administration used lawfare as a tool to undermine Donald Trump and his supporters. By the end of his presidency, Biden’s preemptive pardons seemed less like an act of leadership and more like a shield against accountability. That he felt compelled to issue these pardons speaks volumes, and it suggests he believed guilt existed and feared an investigation would expose the truth and cause serious trouble for the Democratic Party.
However, as infuriating as this situation is, the answer is not revenge. Trump and his administration must resist the temptation to use the justice system as a political weapon. Instead, they should stay the course they’ve started and continue fixing the nation’s real problems and delivering results for the American people.
Biden’s actions also highlight a glaring imbalance in our justice system. The novelty of his preemptive pardons lies in the fact that none of the individuals involved had been charged with any crimes, nor were they accused of wrongdoing beyond the accusations leveled by Trump and his supporters. Figures like Dr. Fauci, Gen. Mark Milley, and even Liz Cheney are now shielded from potential future criminal charges, not because they faced justice, but because Biden preemptively took it off the table.
For those on the left and the right, this should be deeply concerning. When the justice system becomes a battleground for political grudges, it erodes public trust and distracts from the real work of governance. Biden’s pardons (and the fact he saw them as necessary) are a stark reminder of how far political leaders have strayed from the principles of fairness and accountability.
Some conservatives argue that preemptive pardons like these are unnecessary and even insulting. After all, if someone hasn’t committed a crime, why would they need a pardon? But the reality of today’s political landscape complicates this logic. Preemptive pardons can serve as a necessary safeguard against politically motivated investigations, something we’ve seen far too much of in recent years.
Trump’s presidency was a prime example of the damage political lawfare can do. Endless investigations, lawsuits, and impeachment attempts consumed vast amounts of time, energy, and resources which were all designed to score partisan points. While Trump has proven remarkably resilient, this pattern of legal retaliation does nothing to serve the American people.
If Biden’s pardons were meant to prevent future political prosecutions, they inadvertently highlight the very problem we must address. Specifically, the justice system should not be used to settle political scores. Whether it’s members of Congress, public health officials, or Republican critics, these individuals should not be above scrutiny. But any investigations must be conducted through proper channels and for the right reasons and not like how the Biden Administration wielded this power as part of a partisan vendetta.
The cycle of political retribution must end. The Justice Department’s resources should be focused on combating violent crime, addressing the fentanyl epidemic, and securing the border—not chasing politically charged cases. That’s the kind of justice system Americans deserve.
To be clear, preemptive pardons are not an admission of guilt. When used judiciously, they can help de-escalate partisan warfare and prevent individuals from becoming ensnared in costly, demoralizing legal battles. But Biden’s actions set a troubling precedent, one that underscores the need for true leadership.
Trump has an opportunity to show that leadership by rejecting the politics of revenge and focusing on solutions. The next election will not be won by perpetuating the status quo, however, it will be won by demonstrating that we can do better.
The American people are tired of political theater. They deserve leaders who are committed to fairness, accountability, and the rule of law. Biden’s pardons may have been self-serving, but Trump’s response can define a new path forward, one that prioritizes the real challenges facing our nation over endless partisan feuds.
It’s time to break the cycle. Let’s leave political vendettas in the past and focus on building a stronger, more united future.
Shaun McCutcheon is a Free Speech advocate, an Alabama-based electrical engineer, the founder of Multipolar, and was the successful plaintiff in the 2014 Supreme Court case McCutcheon v. FEC.