President Joe Biden’s final day in office, marked by a flurry of pardons, set the stage for an unprecedented transition as Donald Trump returned to power. Legal experts, including CNN senior legal analyst Elie Honig, have described the day as “the most abnormal” in the history of the presidential pardon power, with major implications for the rule of law.
“This is the most abnormal day we’ve ever seen in the history of the pardon power,” Honig said, reflecting on Biden’s decision to issue preemptive pardons to five members of his extended family during his final minutes as president. Honig called it “a new moment in U.S. history,” noting the unprecedented nature of the outgoing president’s actions.
As Trump began his second term, Honig predicted that Biden’s controversial pardons would soon be overshadowed by Trump’s long-promised clemency for those involved in the January 6 Capitol riots. “Now—what is to come—the pardons that Donald Trump is going to exercise soon I think are best understood as a raw exercise of political power,” Honig added.
The legality and implications of pardoning January 6 rioters remain contentious. Honig, a former federal prosecutor, argued there is “no legitimate law enforcement” justification for such pardons, framing them as politically motivated. However, he emphasized that key questions remain unanswered as Trump’s second term unfolds.
“One—where does Donald Trump draw the line?” Honig asked. “Will he only pardon people who were convicted of misdemeanors? Will he get up to people who were convicted of destroying property, or violence against police officers? There are 1,400 people who have been charged.”
Honig also pointed out that the Department of Justice faces significant challenges in managing the hundreds of January 6 cases still pending. “So the stakes are enormous,” he said, highlighting the potential impact on public trust in the justice system and the precedent it sets for future administrations.
As the nation grapples with this unprecedented use of the pardon power, experts and critics are divided on its implications. For now, Biden’s last-minute actions and Trump’s anticipated clemency signal a dramatic new chapter in the interplay between politics and the legal system.