Former FBI Director James Comey said Thursday that he never considered asking former President Biden for a preemptive pardon before President Trump returned to office and wouldn't have accepted one if offered, according to an interview with CNN.
Comey, who has been indicted twice by Trump's Justice Department, defended his stance against accepting presidential pardons by citing Supreme Court precedent that doing so carries an imputation of guilt. He pointed to former President Gerald Ford, who kept a quote from the case in his wallet until his death after pardoning Richard Nixon.
What the Left Is Saying
Civil liberties advocates and some Democrats have defended Comey as a target of what they characterize as politically motivated prosecutions under the Trump administration. Critics argue that pursuing criminal charges against a former FBI director for a deleted social media post raises serious questions about the independence of the Justice Department.
Former government ethics officials note that Biden's use of preemptive pardons for figures like Dr. Anthony Fauci and retired Gen. Mark Milley reflected legitimate concerns about potential retaliation under a new administration. Some progressive commentators have praised Comey's refusal to accept clemency as consistent with his claim of innocence, though they acknowledge the broader implications for how pardon power is being used and interpreted.
What the Right Is Saying
Conservative critics of Comey argue that his conduct during his tenure at the FBI, including decisions surrounding investigations into both Trump and Hillary Clinton's emails, already undermined public trust in the bureau. They contend that federal prosecutors' pursuit of charges related to a social media post referencing the 47th president warrants serious consideration regardless of Comey's former position.
Some Republican commentators have noted that Biden's broad use of preemptive pardons for political allies represented an unprecedented expansion of clemency power, and they argue questions about Comey's own judgment in posting such content deserve scrutiny. The Justice Department's charges reflect legitimate concerns about threats against sitting presidents, supporters maintain.
What the Numbers Show
The U.S. Constitution grants sitting presidents broad authority under Article 2 to grant pardons and clemency before, during or after criminal convictions, excluding cases of impeachment. This power has been exercised by every president since George Washington.
Biden issued approximately two dozen preemptive pardons in the final weeks of his administration for family members, Fauci, Milley, and others perceived as potential targets of Trump-era prosecutions. Comey is facing two federal charges in North Carolina related to a deleted social media post prosecutors allege contained a coded threat against the president.
The Bottom Line
Comey's stance puts him at odds with other former officials who accepted preemptive pardons from Biden, including Fauci and Milley, who have not publicly addressed whether they believe accepting clemency implied guilt. His refusal to seek or accept a pardon signals his intent to contest the charges vigorously in court.
The case against Comey is set to proceed through the federal court system, where constitutional questions about presidential pardon authority and the boundaries of protected speech may ultimately be tested. Comey's attorneys are expected to argue that the social media post did not constitute a true threat under established legal standards.