On pardons, Biden weighs whether to flex presidential powers in broad new ways

WASHINGTON (AP) — President Joe Biden faces a stark choice as he contemplates broad preemptive pardons to protect aides and allies from potential retribution by Donald Trump: Does he hew to the institutional norms he’s spent decades defending or flex the powers of the presidency in untested ways?

The deliberations so far are largely at the level of White House lawyers. But the president has discussed the topic with senior aides, according to two people familiar with the matter who spoke on condition of anonymity to discuss the sensitive subject. No decisions have been made, the people said, and it is possible Biden opts to do nothing at all.

Biden is taking the idea seriously and has been thinking about it for as much as six months — before the presidential election — but has been concerned about the precedent it would set, according to another person familiar with the president’s discussions who spoke to The Associated Press on condition of anonymity.

Pardons are historically afforded to those accused of specific crimes –- and usually to those who have already been convicted of an offense — but Biden’s team is considering issuing them for some who have not even been investigated, let alone charged.