As President Joe Biden approaches the twilight of his term, Democrats have proposed a range of bold pardons: for those who investigated the Jan. 6 insurrection, undocumented immigrants, and individuals at risk of prosecution under restrictive laws like the Comstock Act. The president has already commuted the sentences of many on federal death row, underscoring his willingness to confront contentious issues.
These proposals are motivated by a deep fear of what President-elect Donald Trump might unleash: aggressive prosecutions, mass deportations, and, perhaps, a return to federal executions. Among Trump’s most divisive promises is a blanket pardon for the Jan. 6 insurrectionists. To disarm that threat—and to offer the nation a pathway toward healing—Biden should take the unexpected step of pardoning them himself.
The notion of pardoning individuals who stormed the Capitol to disrupt democracy feels morally repugnant, even outrageous. But that is precisely why it must happen.
The Case for a Presidential Pardon
Biden has the power to pardon the nearly 1,000 individuals convicted of federal crimes related to Jan. 6. Like Gerald Ford’s preemptive pardon of Richard Nixon, such an action could encompass those convicted, on trial, under investigation, or yet to be charged. Exceptions could be made for the most violent offenders, while commutations with conditions might ensure parole violators are swiftly re-incarcerated. Even Donald Trump himself could be included.
This bold move would serve several purposes.
First, it would deny Trump a key campaign promise. Pardoning the insurrectionists before Trump could turn them into political martyrs would rob him of a potent rallying cry.
Second, it would shift the narrative. A pardon issued by Biden—the man whose presidency they sought to overturn—would convey an extraordinary message of forgiveness and reconciliation.
Third, it would counter the corrosive partisanship that threatens to define American politics. Most Democratic pardon proposals have focused on addressing injustices or rewarding allies, but none tackle the urgent need for national unity. A general pardon for Jan. 6, issued by Biden, could transcend partisanship and offer a pathway to social peace.
Pardons and the Politics of Reconciliation
The act of pardoning isn’t about denying the reality of wrongdoing. Rather, it acknowledges crimes so profound that pursuing retribution risks further fracturing an already fragile political consensus. History offers many examples. The Peace of Westphalia ended Europe’s devastating Thirty Years’ War with a “perpetual Oblivion, Amnesty, or Pardon.” South Africa’s Truth and Reconciliation Commission granted amnesty to individuals who confessed their crimes. Post-Franco Spain’s transition to democracy rested on a “pact of forgetting.”
These models, though imperfect, show that amnesty can play a crucial role in healing divided societies. The United States now faces a similar choice: Double down on retribution or pursue reconciliation.
Jan. 6 was not only a crime but also a political act. Many who marched on the Capitol genuinely believed Trump’s claims of a stolen election. These are not faceless villains—they are citizens who placed their faith in a leader and a movement that nearly half the country endorsed in the last election. Political crimes often demand political solutions, and pardons can serve as a bridge between justice and peace.
The Risks of Inaction
Critics will argue that pardons could embolden the MAGA movement, reinforcing a sense of impunity. But this fear assumes punishment alone can deter extremism. History suggests otherwise: Entrenched political conflicts rarely resolve through incarceration alone.
Allowing Trump to pardon the insurrectionists would only deepen divisions. He would frame their freedom as proof of their righteousness, further galvanizing his base. By contrast, a Biden pardon would strip Trump of this opportunity and reframe the narrative around reconciliation and national healing.
A Higher Road
Michelle Obama famously urged, “When they go low, we go high.” A pardon for Jan. 6 insurrectionists embodies this ethos, offering a gesture of magnanimity even in the face of betrayal. It is not about excusing or forgetting but about acknowledging the need to move forward.
Biden’s action wouldn’t erase Jan. 6 from history. Instead, it would redefine it as a moment when America chose reconciliation over retribution. The scars of that day would remain, but so too would the precedent of seeking peace in the face of division.
A Final Chance for Unity
Pardons are inevitable. The only question is who will issue them and what they will signify. If Biden acts now, he can transform a divisive act into a unifying one, using his final days in office to reclaim the presidency’s moral authority.
By pardoning the Jan. 6 insurrectionists, Biden wouldn’t just disarm Trump; he’d offer a path for America to begin healing. In the end, the choice isn’t between justice and peace—it’s between deepening division and daring to forgive.
