WASHINGTON ― Advisors from President Joe Biden’s team are discussing the possibility of issuing preemptive pardons for individuals they fear could become targets of Donald Trump’s future administration, following his expected inauguration, according to an insider familiar with the discussions.

This dialogue, first highlighted by Politico, follows Biden’s recent comprehensive pardon for Hunter Biden, which was intended not only to free his son from existing gun and tax charges but also to protect him from any potential future indictments that might arise from Trump’s Justice Department.

A group of Democratic legislators, notably U.S. Sen. Ed Markey from Massachusetts, are publicly pushing for these preemptive pardons. They express concern over Trump’s past threats to prosecute political adversaries and his recent decision to appoint Kash Patel, a close associate, as the new head of the Federal Bureau of Investigation (FBI). They emphasize that individuals under FBI investigation or facing federal charges could incur heavy legal expenses and significant emotional distress, with the potential risk of imprisonment looming.

Conversely, some Democrats are already discontented with Biden’s decision to pardon his son, despite his prior commitment not to do so, arguing that issuing preemptive pardons is unnecessary and might set a precarious precedent.

Individuals speculated to be on a potential pre-pardon list include retired General Mark Milley, whom Trump labeled a traitor deserving of the death penalty; former Republican Representative Liz Cheney, whom Trump has scorned, suggesting she should face imprisonment for her involvement with the committee examining the January 6, 2021, Capitol attack; Dr. Anthony Fauci, who has often been criticized by Republicans for his role during the COVID-19 pandemic response; and Senator-elect Adam Schiff from California, whom Trump has called “the enemy within” for his significant role in Trump’s initial impeachment proceedings.

Nevertheless, the thought of issuing preemptive pardons for those not currently facing any criminal charges introduces numerous legal challenges that might ultimately deter Biden from proceeding, as per insights from legal experts and lawmakers. Accepting a pardon may imply an admission of guilt, and some Democrats voice worries that Biden could establish a worrying precedent that might empower Trump to pursue similar paths.

“This certainly merits consideration,” stated Olivia Troye, a former White House adviser on counterterrorism under Vice President Mike Pence, now an outspoken critic of Trump. Recently, Troye faced the threat of legal action from Patel’s attorney due to her critical remarks about him on TV.

“My question is, I have committed no wrongdoing. I know that. And many of us who have merely spoken the truth are doing just that,” Troye remarked in a CNN interview on Thursday.

A spokesperson for the White House opted not to comment but did not dispute that the discussions had occurred internally.

In reaction to Biden’s consideration of preemptive pardons, Karoline Leavitt, a spokeswoman for Trump’s transition team, stated, “Unlike Joe Biden, President Trump will not weaponize the justice system against his political enemies.”

Jeffrey Crouch, an assistant professor of politics at American University specializing in presidential pardons, noted that a president has the authority to grant clemency as soon as a federal crime is committed and does not need to wait for charges, a trial, or conviction.

Crouch also pointed out that whether recipients of potential preemptive pardons would be seen as admitting guilt remains uncertain, labeling it “uncharted waters.” However, he cautioned that issuing pardons in the context being discussed could “weaponize clemency” and diverge significantly from the intended purpose of presidential clemency powers.

“What was intended as a constitutional power for granting forgiveness could morph into a broad tool for shielding political allies or adversaries,” he cautioned. “This strays far from the original intentions of the Constitution’s framers regarding presidential pardons.”

According to Politico, the discussions are being primarily led by White House counsel Ed Siskel, alongside several senior aides, including chief of staff Jeff Zients.

Markey, in a recent interview with WGBH public radio in Boston, expressed strong belief that Trump would likely act “in a dictatorial, fascistic, and revengeful manner” within his first year, targeting individuals he perceives as having wronged him.

“If it’s evident by January 19th that such revenge is his intention,” Markey added, “I would advise President Biden to deliver those preemptive pardons, as that may be what our nation truly requires next year.”

Senator Jon Tester, a Democrat from Montana who was defeated in the recent election, has expressed a willingness to consider pardons given that they have merit. “I would evaluate them to determine their validity,” Tester shared with YSL News. “If they are justified, then that is acceptable. If not, then it is not.” However, he acknowledged that his opinion carries less weight after the election.

Other Democratic members are against granting pardons to individuals who have not been charged with any crimes.

“I haven’t seen a compelling argument for preemptively pardoning actions that have yet to occur or be defined,” said Senator Tim Kaine, D-Va., who, along with other Democrats, is critical of Biden’s decision to pardon Hunter Biden.

“During my time as governor, I exercised my pardon powers in specific cases for individuals who had been convicted,” Kaine noted, referencing his tenure from 2006 to 2010. “This included cases where individuals were innocent or had taken steps towards rehabilitation. The notion of issuing a broad, unclear pardon for potential actions that have not even been charged is highly prone to misuse.”

A former senior Justice Department official commented to YSL News that such pardons “would create a dangerous precedent, and I hope he refrains from this action.”

“I don’t believe there’s a significant risk of individuals facing prosecution when they haven’t committed any crimes,” stated the former official, suggesting that former President Trump’s vengeance may manifest more in media attacks than legal action.

Representative Adam Schiff, who has faced threats from Trump, told Politico that he is against the idea. “I would advise the president to avoid this course of action,” Schiff remarked, considering it might come off as defensive and unnecessary.

Representative Ro Khanna from California emphasized that Democrats should rethink how such extensive pardons appear, especially after Biden pardoned his son.

“For Black or brown individuals in this country, if they are arrested or imprisoned for drug-related offenses, and their families find the system deeply inequitable, they often lack the influence to advocate for mercy or fairness,” Khanna pointed out.