Sorry, Biden's Pardons Are Much Worse Than Trump's

On inauguration day, President Trump pardoned or commuted the sentences of the approximately 1,550 defendants convicted for their involvement with the January 6, 2021 attack on the Capitol. He also ordered DOJ to dismiss all other pending indictments. Most of them, about 900, were for non-violent misdemeanors such as trespass and disorderly conduct. He granted the clemency all at once, and did not begin with pardoning the non-violent misdemeanor defendants first and then examining the remaining defendants on a case-by-case basis as he and others previously had suggested.

Meanwhile, on the very same day, just 15 minutes before he left office, President Biden issued the last set of his own pardons. He granted them to members of his family, most notably his brothers, sister, and in-laws, as well as to members of his administration such as Dr. Anthony Fauci and General Mark Milley, and even to political supporters like the congressional January 6 committee members. Biden's pardons followed thousands of pardons he issued this month to what he claimed were non-violent federal offenders and commutations of virtually all federal death penalties.

Many Democrats and media outlets have criticized Trump's mass clemency for the January 6 defendants, even as they casually ignored President Biden's. But let's put aside the hypocrisy for a moment to examine the real differences between the two sets of pardons, regardless of one's views of their merits.

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John Yoo is a distinguished visiting professor at the School of Civic Leadership and a senior research fellow at the Civitas Institute at the University of Texas at Austin, the Heller Professor of Law at the University of California, Berkeley, and a nonresident senior fellow at the American Enterprise Institute. John Shu is a legal scholar and commentator who served in the administrations of Presidents George H. W. Bush and George W. Bush.