The argument is that by doing so that President-elect Trump will be deterred from going after "the enemy within". Trump has called for the arrest of Cheney and that she be subject to a military tribunal even though she has never served in the military and called for Schiff to be arrested and charged with treason. While Trump has never explicitly called for Dr. Fauci to be arrested or tried, it is an article of faith among MAGA.
I think Biden should resist any temptation to issue such pardons.
First, by doing so, Biden would create the public perception that Cheney, Fauci and Schiff and anyone in receipt of such a pardon had actually committed crimes. People would think, "Gee, Biden pardoned Cheney. She must have done something real bad."
Second, Biden would also be basically telling us that if Cheney, Fauci and Schiff and others should not expect a fair trial with an impartial judge and jury. This certainly sends a bad message.
Third, let us not forget that President-elect Trump called for the "termination" of the U.S. Constitution. Trump could do that and render Biden's pardons moot. Absent the U.S. Constitution (including the 5th and 14th Amendments), the law would be whatever Trump says it is leaving him free to go after Cheney, Fauci, Schiff and anyone else he perceived as an enemy.
Preemptive pardons are an easy answer. But easy answers are invariably the wrong answers.
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