Biden’s dilemma: should he pardon Trump?
Putting the former president on trial is likely to be dangerously divisive
“To everything there is a season – a time to build, a time to reap, a time to sow. And a time to heal. This is the time to heal in America.” So declared President Biden in his 2020 victory speech, said Marc A. Thiessen and Danielle Pletka in The Washington Post.
It’s time for him to honour those words – by pardoning Donald Trump. That the former president mishandled classified documents, and obstructed the FBI’s efforts to recover them from his possession, seems incontrovertible. But putting him on trial would be dangerously divisive.
Many Americans do not accept the legitimacy of the indictment. About 80% of Republicans view the charges as politically motivated. They see a “troubling pattern”: Hillary Clinton wasn’t charged for mishandling classified material; Trump is being hounded by various prosecutors. For the sake of the nation, the president should pardon him.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A trial “will not bring closure but rather more angst”, agreed Margaret Carlson in Washington Monthly. Already, there have been threats of violence. Kari Lake, hailed as a rising Republican star when she ran for Arizona governor last year, said that to get Trump, prosecutors were “going to have to go through me and 75 million Americans just like me... And most of us are card-carrying members of the NRA.”
There’s no guarantee in any case that a trial would lead to a conviction. The case is being tried in South Florida, where the chances of a “few MAGA loyalists” sneaking through the jury selection process are higher than in Washington DC. The randomly selected presiding judge is Aileen Cannon, a Trump appointee who has been overturned twice in the past for showing bias in his favour.
Trump doesn’t appear to be expecting a pardon from the president, said Jeff Mordock in The Washington Times – and Biden would struggle to get away with such a move today. It would prompt “intense, scathing criticism from within his party” and undercut a key message of his re-election campaign, which is that Trump is “an extremist who poses a threat to democracy”.
Other leaders who have issued controversial pardons have paid a price. President Ford, for instance, saw his poll ratings plummet after he pardoned Richard Nixon in 1974. Biden’s ratings are already low, stuck at roughly 40%. The reality is that he may be in too weak a position to show clemency to Trump, even if he wanted to.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
West Africa’s ‘coup cascade’The Explainer Guinea-Bissau takeover is the latest in the Sahel region, which has quietly become global epicentre of terrorism
-
Daddy Pig: an unlikely flashpoint in the gender warsTalking Point David Gandy calls out Peppa Pig’s dad as an example of how TV portrays men as ‘useless’ fools
-
Codeword: December 3, 2025The daily codeword puzzle from The Week
-
‘It’s critical that Congress get involved’Instant Opinion Opinion, comment and editorials of the day
-
Appeals court disqualifies US Attorney Alina HabbaSpeed Read The former personal attorney to President Donald Trump has been unlawfully serving as US attorney for New Jersey, the ruling says
-
The military: When is an order illegal?Feature Trump is making the military’s ‘most senior leaders complicit in his unlawful acts’
-
Ukraine and Rubio rewrite Russia’s peace planFeature The only explanation for this confusing series of events is that ‘rival factions’ within the White House fought over the peace plan ‘and made a mess of it’
-
The powerful names in the Epstein emailsIn Depth People from a former Harvard president to a noted linguist were mentioned
-
Honduras votes amid Trump push, pardon vowspeed read President Trump said he will pardon former Honduran president Juan Orlando Hernández, who is serving 45 years for drug trafficking
-
Congress seeks answers in ‘kill everybody’ strike reportSpeed Read Lawmakers suggest the Trump administration’s follow-up boat strike may be a war crime
-
Andriy Yermak: how weak is Zelenskyy without his right-hand man?Today's Big Question Resignation of Ukrainian president’s closest ally marks his ‘most politically perilous moment yet’