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Flashback: President Biden declared that he would not issue preemptive pardons

President Biden previously promised not to issue preemptive pardons before leaving office and told CNN he would take a “very different approach” to the justice system than then-President Trump.

In December 2020, CNN anchor Jake Tapper asked Biden if he was concerned about rumors that Trump would issue a slew of preemptive pardons to some of his aides.

“Well, I'm concerned about what kind of precedent this sets in terms of how the rest of the world views us as a nation of law and justice,” he said.

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Biden on Monday granted several preemptive pardons to prominent critics of Donald Trump. (L-R: (Photo credit: William B. Plowman/NBC via Getty Images), (Photo credit: Mandel Ngan – Pool/Getty Images), (Photo credit: Anna Moneymaker/Getty Images), (Photo credit: Chip Somodevilla/Getty Images) ))

Biden then sought to draw a distinction between how he governs and how the Trump administration governs.

“You won't see that approach to pardons in our administration,” Biden said. “We also won't see an approach in our administration where we decide policy by tweet. You know, we're going to have a very different approach to the justice system.”

Since then, Biden appears to have had a change of heart, announcing a slew of preemptive pardons as he leaves office.

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biden and trump

President Biden has said he is considering preemptive pardons based on who President-elect Donald Trump nominates for key positions. (Getty Images)

Biden announced early Monday that he would grant preemptive pardons to Dr. Anthony Fauci, retired Gen. Mark Milley, and members and staff of a now-defunct House of Representatives select committee in connection with the Jan. 6 attack on the U.S. Capitol. .

Just before President Trump took the oath of office on Monday, news broke that Biden had also pardoned five other family members.

Biden hinted at the possibility of a preemptive pardon several weeks ago in an interview with USA Today. At the end of his term, Biden's pardons, particularly that of his son Hunter Biden last month, turned out to be some of his most controversial actions as president.

Some Republican lawmakers have indicated they would call for an investigation into the pardon.

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Biden pardon

Joe Biden has previously said he would not issue preemptive pardons as president. (CNN/screen capture)

President-elect Trump has pardoned political allies such as Paul Manafort and Michael Flynn. However, unlike Biden's most recent decision, both were prosecuted by the Department of Justice (DOJ) when these pardons were issued.

However, there is precedent for preemptive pardons. Former President Gerald Ford pre-emptively pardoned Richard Nixon after the Watergate scandal.

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FOX News' Anders Hagström contributed to this report.

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