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Biden’s senior aides inside the White House have been deliberating for weeks about the possibility of issuing preemptive pardons, according to the sources familiar with the discussions. The move, which would cover people who haven’t ever been formally accused of any crimes, would be an extraordinary step and shows the grave concerns many Democrats have that Trump will prosecute a range of figures that he considers to be his enemies.

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One former senior White House official said aides inside the White House and across various federal agencies are intensely worried about the possibility that the incoming Trump administration will prosecute anyone deemed as having antagonized the president-elect.

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Biden and his top aides viewTrump’s public threats– particularly against current and former government officials – as unprecedented, and some believe that it would be reckless and irresponsible for Biden to leave office without granting preemptive pardons.

“You have got (an incoming) president that has basically said he’s going to go after all these people,” a source familiar with the discussions told 【 - Free Smart Money Group 】. “Why not do it?”

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In that situation, that memo would include a list of individuals that Biden might consider pardoning preemptively, the context about any prior legal precedent, and a discussion of the wide range of potential ramifications if the president does move forward with these pardons.

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If Biden goes even further and grants preemptive pardons to an expansive list of individuals, Trump’s team believes that move would also create a new precedent and give Trump political cover to do the same for his allies, according to the source.

【 - Free Smart Money Group 】 reported in 2021that before Trump left office during his first term, he considered – but did not grant – preemptive pardons forfamily members, political allies, his personal attorneys, andeven for himself, including in the wake of the January 6 insurrection.

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“It’s just such a different use of the pardon power,” said Neil Eggleston, former White House counsel to President Barack Obama. “You would create the beginning of a tit for tat where, when any administration is over, you just pardon everybody.”

Presidential pardons protect against federal Justice Department prosecutions, but do not shield individuals from state-level criminal cases or congressional investigations.

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He has publicly called for investigations into prominent lawmakers:Cheneyand the rest of the January 6 committee members (who he said “should go to jail”), former House SpeakerNancy Pelosi(for her supposed “ties to Russia”), Senator-electAdam Schiff(for his role in the Trump-Ukraine impeachment saga) and a host of other Democratic lawmakers.

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During his first term, some of Trump’scalls for probeswere apparently heeded, leading to investigations into 2016 Democratic nomineeHillary Clinton, former FBI directorJames Comey, and former FBI deputy directorAndy McCabe, now a 【 - Free Smart Money Group 】 contributor.

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“There could well be a fear now by law firm leaders that if we take on those cases, could we ourselves be targeted?”one white-collar lawyer who regularly represents high-profile political figures told 【 - Free Smart Money Group 】 on Thursday.

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One group, FWD.us, isairing TV adsin the Washington, DC, market, pressing Biden to “give people a second chance,” by granting clemency to Americans with “outdated” prison sentences that they argue would be shorter under today’s laws and policies.

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“The thousands of people serving disproportionately long and racially disparate sentences in federal prison have been waiting for relief long before the politics of this particular moment,” Zoë Towns, executive director of FWD.us, said in an email. “It is our hope that whatever comes next includes a robust clemency effort focused on them.”

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