Biden Should Pardon Trump On His Way Out: Op-Ed
Last week, the executive editor of the National Review published a column urging President Joe Biden to invite President-elect Donald Trump to the White House and consider granting him a pardon. This call to action came just one day after Trump’s decisive electoral victory.
Biden did, in fact, host Trump at the White House on Wednesday morning, but whether a pardon is on the horizon remains uncertain.
“Biden should … use his constitutional authority to pardon Donald Trump of all pending federal charges and relieve special counsel Jack Smith of his duties,” wrote Mark Antonio Wright. “He should then request New York Governor Kathy Hochul to exercise her authority to pardon Trump for his New York State convictions.”
Wright acknowledged Trump’s responsibility for some of the crimes he has faced charges or convictions for but argued that the president-elect’s victories in both the Electoral College and the popular vote represent “a definitive verdict on the subject delivered by the highest authority: the people.”
“Whether wise or not, the majority of voters have chosen Donald Trump to serve again as president of the United States,” Wright stated. “He should begin his term in January 2025 unencumbered by the controversies of the past.”
Wright emphasized that ongoing legal battles would be detrimental to the nation. “No good will come from an American president carrying out constitutional duties while under the shadow of pending criminal charges. Nor would it benefit anyone for Trump to order the Justice Department to drop the cases or take the unprecedented step of self-pardoning,” he noted.
“Joe Biden has rarely acted as a statesman during his time in office. However, pardoning Donald Trump now would be a truly statesmanlike act. It could help break the cycle of legal battles that risk deepening divisions in the nation. Gerald Ford’s pardon of Richard Nixon is a clear precedent here—and a good one,” Wright added.
He also suggested that Trump should accept a pardon, if offered, and “find a way to, at least rhetorically, extend an olive branch to the outgoing president.”
Meanwhile, reports suggest Special Counsel Jack Smith may soon step down from his role following the conclusion of his cases against Trump. A Justice Department source revealed to CNN that Smith is in discussions with DOJ leadership about winding down the investigations, including the January 6 case and the appeal of U.S. District Judge Aileen Cannon’s ruling to dismiss the classified documents case.
“Trump has threatened to fire Smith, but Smith expects to be gone before Trump takes office,” CNN reported.
The discussions reportedly extend beyond Trump’s cases, addressing broader questions about other defendants in the classified documents case, as well as the budget and staff of the special counsel’s office.
Smith is required to submit a final report on his investigations to Attorney General Merrick Garland. According to sources, Smith aims to complete this report before Trump’s inauguration, though its timing may depend on the review and approval process by the intelligence community.
As reported by The New York Times, Smith plans to finalize his work and resign prior to Trump’s swearing-in. Before his departure, Smith must resolve the two criminal cases he launched against Trump.
In Florida, Smith is appealing Judge Cannon’s ruling that his appointment as special counsel was unconstitutional and that his office’s funding violated the law. In Washington, D.C., his team is proceeding with the case accusing Trump of conspiring to overturn the 2020 election, following the Supreme Court’s decision on presidential immunity.