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Auchincloss says preemptive pardons seem to ‘imply guilt’

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Rep. Jake Auchincloss (D-Mass.) on Sunday pushed back on the suggestion that President Biden should preemptively pardon individuals who have publicly criticized President-elect Trump, saying that those individuals did nothing wrong.

“I think preemptive pardons seem to imply guilt,” Auchincloss said in an interview on NewsNation’s “The Hill Sunday” with Chris Stirewalt when asked about the idea of preemptive pardoning.


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“And the people that are being considered for preemptive pardons are not just not guilty,” he continued. “They’re some of the most capable public servants of the last several years.”

Auchincloss pointed to former Rep. Liz Cheney (R-Wyo.), who was the third highest ranking Republican in the House at the time of the Jan. 6, 2021, attack on the Capitol and has since become one of Trump’s fiercest opponents.

“I think of someone like Liz Cheney, who, at a time when so many of her House Republican colleagues were supplicating themselves and putting Trump ahead of the Constitution or the country, she had the courage to stand up to her own party and say what was right for America.”

“So I don’t think she needs, or probably wants, a pardon,” Auchincloss said. “I think she should be celebrated.”

The White House is reportedly considering whether President Biden should preemptively protect those who have been critical of Trump and has spoken about preemptive pardons with members of his senior team. Senior officials, including in the White House counsel’s office, are having formal deliberations, a source familiar with the matter told The Hill.


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Biden last week issued a full and unconditional pardon for his son, Hunter Biden. The president said he was issuing the pardon because Hunter Biden had been subject to a political prosecution. The White House later said the pardon was issued because President Biden believed Trump and the GOP would not let the issue of his son go.

Auchincloss was critical of Biden’s pardon of his son and said the American people should elect Democrats in the 2026 midterms if they determine they do not like his style of governance.

“The founders foresaw this type of development, which is why we have an independent judiciary, and why, perhaps even more importantly, we have elections,” Auchincloss said. “If the American people don’t like the thuggery of the justice system under Donald Trump for the next two years, they should take note and in 2026, they should send Democrats back in control of Congress.”

NewsNation is owned by Nexstar Media Group, which also owns The Hill.