The final moments of any presidency often reveal more about the character of the departing leader than years of speeches or photo ops ever could. President Joe Biden’s last-minute flurry of preemptive pardons — including those for family members, officials tied to controversial decisions, and even Dr. Anthony Fauci — has reignited a conversation about whether the presidential pardon power has become an instrument of political abuse. But to understand how we got here, we also need to look at the actions of President Donald Trump, who pardoned over 1,500 people involved in the January 6 Capitol riots and even extended clemency to Ross Ulbricht, the Silk Road founder.

These two presidents, polar opposites in rhetoric and style, have demonstrated one glaring truth: the presidential pardon has outlived its usefulness and is now a tool of corruption and cronyism rather than justice and mercy. It’s time to end it.

Biden’s Last-Minute Pardons: Justice or Family Insurance?

Biden’s pardons, especially those for his brothers James and Frank and his sister Valerie Biden Owens, are politically indefensible. He claims they were intended to shield his family from politically motivated attacks, but preemptive pardons always carry the stench of guilt. Even if no actual wrongdoing occurred, the optics are terrible. Imagine being the average American, watching a president use a sacred constitutional power to shield family members from accountability. It looks less like justice and more like a mafia don circling the wagons.

Worse yet, Biden’s sweeping clemency for individuals like Fauci and members of the January 6 committee suggests he viewed the pardon power not as a scalpel to right specific injustices but as a sledgehammer to destroy potential political threats. This creates a dangerous precedent. Should every administration now preemptively pardon its officials to prevent investigations by the opposition?

Trump’s Pardons: Mass Clemency Meets Political Revenge

If Biden’s pardons were a scalpel used clumsily, Trump’s were a grenade thrown into the justice system. Granting clemency to over 1,500 individuals charged or convicted in connection with the January 6 riots is astonishing in its breadth and brazenness. Trump’s critics claim it was a calculated move to curry favor with his most loyal base — those who believed they were acting on his orders that fateful day. His defenders argue that many of the rioters were overcharged or subjected to unfair treatment. Either way, the mass pardons undermine the rule of law and send a chilling message about accountability.

Trump’s pardon of Ross Ulbricht further exemplifies how the pardon power can be wielded not for justice but for ideological or political gain. While Ulbricht’s life sentence for running the Silk Road darknet marketplace raised legitimate concerns about proportionality, the pardon was viewed by many as a signal to libertarians and anti-government activists rather than an act of mercy.

Both Sides Guilty, Both Sides Wrong

The problem isn’t just Trump or Biden — it’s the unchecked nature of the pardon power itself. Consider Trump’s infamous “lock her up” chants during the 2016 campaign. He never pursued legal action against Hillary Clinton once in office, not because she was blameless but because he knew weaponizing the justice system would backfire politically. Now, Biden has done what Trump didn’t: used the justice system and pardon power preemptively to protect his allies and family.

This tit-for-tat weaponization of justice isn’t new, but it’s accelerating. When one president pardons family members or political allies, the next feels justified in doing the same. This cycle of revenge undermines public trust in the justice system, erodes the rule of law, and makes every future president look more like an autocrat than a servant of the people.

The Founders Didn’t Anticipate This

The presidential pardon was included in the Constitution to serve as a check on the judicial branch. It was meant to provide mercy in cases of clear injustice or to heal the wounds of a nation after a crisis. Think of Abraham Lincoln’s leniency toward Confederate soldiers or Gerald Ford’s pardon of Richard Nixon. While controversial, these acts aimed to restore unity and stability, not shield political allies or family members.

But the Founders never anticipated the kind of hyper-partisan, media-driven, 24/7 political landscape we live in today. They didn’t foresee presidents using pardons to score political points, protect corrupt allies, or shield themselves from investigation. The pardon power has become less a tool of justice and more a weapon of political survival.

A Modest Proposal: Abolish the Pardon Power

The solution is simple: eliminate the presidential pardon. Let governors handle state-level clemency and establish an independent, bipartisan commission to review federal clemency cases. This would ensure that pardons are granted based on merit, not political calculation. It would remove the temptation for presidents to use the power for personal gain and restore faith in the rule of law.

Some might argue that this proposal goes too far, but consider the alternative. Do we really want every outgoing president to issue a flurry of self-serving pardons to protect their legacy and allies? Do we want a justice system where the powerful are above the law because of who they know or where they sit?

Conclusion: A Time for Accountability

As Christians, we believe in mercy and redemption, but those principles must be grounded in justice. When presidents abuse the pardon power, they mock both. Joe Biden and Donald Trump have shown us that the presidential pardon is no longer about mercy; it’s about power. It’s time to retire this relic of a simpler time and build a system that truly serves justice.

Both Biden and Trump have played their part in degrading the sanctity of this power. But we, as a nation, don’t have to follow their lead. Let’s demand accountability, transparency, and a justice system that serves all Americans — not just the politically connected.