Imagine for a moment your name is Anthony Fauci. You are a physician and an immunologist and were the director of the National Institute of Allergy and Infectious Diseases for 38 years, from 1984 to 2022. You were also the face of the medical profession throughout the Covid pandemic, which took more than a million American lives. You repeatedly advised citizens to avoid close contact with others, to mask when in public, and to wash hands often. You once quipped to a journalist that you washed yours “about fifty times a day.” A long time ago, decades really, you saved the life of a friend of mine who had contracted a disease that was always fatal, but you discovered a cure, and today he still walks among us doing good for others.
Somehow, your integrity, professionalism, and loyalty to medicine and your Hippocratic Oath did not sit well with many in the MAGA galaxy, including Donald Trump. Mask mandates, and requirements to stay home away from contagion, and, most of all, your popularity with the general public, got severely under his skin. Now, they’re calling for your head with loose cannon Marjorie Taylor Greene (R-Ga.) telling you in a June House Hearing that you should be “prosecuted for crimes against humanity” and don’t deserve to have a medical license.
Or, imagine for a moment your name is Liz Cheney. You were the third ranking House Republican until you co-chaired the Select Committee to Investigate the January 6th Attack on the United States Capitol, a horrific attack in which lives were lost. The Capital had not been attacked, breached, and ransacked since the War of 1812. The Committee you co-led concluded that Donald Trump had instigated the insurrection, failed to prevent it, and refused to take immediate action to end it. For this, the Republican Party tossed you from leadership and primaried you in the last election, which you lost by a lot.
Trump has been saying you and your fellow Committee members “belong in jail.” On Sunday, appearing on NBC’s Meet the Press, he repeated that. What’s more, on social media, some Republicans have even called your service on the Committee “treasonous,” a charge Trump reposted, apparently agreeing with it. Treason is punishable by death.
Or, your name could be retired General Mark Milley, former Chair of the Joint Chiefs, who told Bob Woodward for his new book, War, that Trump is a “fascist to the core” and that, “No one has ever been as dangerous to this country.”
Milley angered Trump repeatedly over his refusal of the President’s orders to have the Army “crack skulls” and shoot protesters during the George Floyd protests of May 2020. “Just shoot them,” the president reportedly said. Trump could never understand Milley, or the Armed Forces, for that matter.
Now, Milley has warned former colleagues he believes he may be called back to active duty to be court-martialed. And, yes, Trump could do that.
Fauci, Cheney, Milley, and many, many others now sit smack dab in the cross hairs of a MAGA movement for retribution against the perceived enemies of Donald Trump. And to this point, neither Trump nor his inner circle minions have taken the trouble to disabuse anyone of that notion. His nominee for FBI Director, Kash Patel, a true believer if there ever was one, has gone so far as to amplify the rhetoric and has publicly vowed to pursue Trump’s critics.
And if that’s not enough, an October NPR investigation found that Trump, himself, has made more than 100 threats to investigate, prosecute, imprison or otherwise punish his perceived opponents.
No one knows if this is anything more than talk, a symbolic bread and circuses, a little red meat for the faithful. But is it responsible to ignore the possibility? Should the Biden Administration sit back all the way to the 20th of January insulated in the White House running out the clock. Should the President and his team stand by and do nothing while Trump’s “enemies” in what he considers the “deep state” wait for a knock on the door?
MAGA seems to have a collective itch it needs to scratch, and the itch is revenge.
Time for some anti-itch medicine.
There are credible accounts, first reported by Politico, that the Biden Administration is considering pre-emptive pardons for those unfortunate enough to have run afoul of Donald Trump and his MAGA movement, although no one in that weird world can come up with anything illegal done by any of Trump’s enemies targeted for vengeance.
“It is both legal and probably prudent for President Biden to consider pardoning people who could be hit with bogus charges or harassed with the elements of law enforcement just because he doesn’t like what they say or what they’ve said,” Norman Ornstein, senior fellow emeritus at the American Enterprise Institute, a conservative public policy think tank in Washington, told ABC News.
Anyone charged by an incoming administration bent on destructive retribution would incur legal costs mounting a defense, and that may be the whole point of the exercise if it ever happens — to make enemies squirm and pay where it really hurts, reputationally and economically.
End-of-term pardons have become common, but they are generally done after someone has been convicted of a crime. In this case, pardons would be given before anyone has been charged with anything.
There is precedent for this. In 1972, Gerald Ford pre-emptively granted a full and unconditional pardon to Richard Nixon, his predecessor, for any crimes he might have committed against the United States. Many people were not happy with this, and it could be why Ford lost the next election, but the nation got over it, and Ford’s magnanimity is now viewed as the right thing to have done.
This time, things are different. Biden would not be pardoning a former, disgraced President, but, conceivably, a host of people, from government staff, to senators, to representatives, to journalists, and others.
But would Fauci, Cheney, Milley, and the rest accept the pardons if offered to them?
Accepting a pre-emptive pardon would come not long after Biden’s highly controversial, and hypocrisy loaded — “I never would,” but “I just did” — pardon of his son Hunter. The men and women who may have to wrestle with this conundrum may prefer to stand and fight the revenge-laden charges of MAGA extremists. They might do that just out of concern of being forever glued to Hunter Biden’s free pass.
My own opinion is that Biden should offer the pre-emptive pardons, and that those to whom they are offered should accept them. Then, everyone can concentrate on the future, dire though it may be, without having to worry about legal costs and precious time out of their lives dealing with MAGA nonsense.
One final point. Trump has already vowed to pardon all of the people convicted or charged with any crimes during the 6 January insurrection (he doesn’t call it that). That includes those convicted of assaulting and injuring police. During Sunday’s Meet the Press interview, he repeated that pledge. That’s a lot of people — 749, to be precise, according to the Department of Justice.
It might soon be raining pardons in Washington, DC.