Biden’s Sweeping Last-Minute Pardons Could Come Back To Haunt His Family, Alan Dershowitz Says

Attorney Alan Dershowitz said Monday that former President Joe Biden opened his family to potential jeopardy with the sweeping pardons that he issued shortly before his term of office ended.

Biden, on the last day of his term, issued preemptive pardons to Dr. Anthony Fauci, retired Army Gen. Mark Milley, members of the House Select Committee on the Jan. 6 attack at the Capitol, and members of his family. Dershowitz, during an episode of “The Dershow,” said that the pardons protected Biden’s family from criminal charges, but they also cost the Bidens the ability to plead the Fifth Amendment should Congress subpoena them.

“Before he left, President Biden did what I thought he would not do. It was foolish for him to do it, but he did it. He pardoned his brother. He pardoned his relatives and, you know, everybody under the, everybody related to him who could have been regarded as part of the Biden crime family,” Dershowitz said. “This is after the president pretty much assured everybody who was going to go after any of these people that he preemptively pardoned everybody. One of the questions that has been asked is, are preemptive pardons constitutional? We don’t know for sure.”

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“The pardon power was borrowed from England. It’s not clear whether in England you could preemptively pardon somebody who’s not being investigated, but there is a precedent, of course. It was never tested, and that is President Ford did preemptively pardon President Nixon who wasn’t being charged with anything, though it was being investigated by special counsel, and he could have been charged,” Dershowitz added. “So, I think the law’s pretty clear that a president can preemptively pardon. Should he have done it? It’s his prerogative.”