Biden would be making a 'huge mistake' with preemptive pardons, legal expert warns

Fox News legal contributor Jonathan Turley joins "Fox & Friends" to discuss House Republicans calling for FBI investigation of Liz Cheney as Biden considers preemptive pardons.

JONATHAN TURLEY: I'm very much opposed [to pardoning Liz Cheney.]. I think that she is likely to get one, but these types of preemptive pardons are very damaging to our system. There are people who are suggesting that Joe Biden give up the thousands of pardons, of preemptive what I call white knight pardons, and part of this is really designed for a political rather than a legal purpose. I don't think Cheney is in serious threat of prosecution, but we have a legal system to protect her rights and to protect the interests of the American people. So if she's investigated, they find something we don't know, then perhaps there is a basis for prosecution. But at the moment, I'm very skeptical. But when it comes to these preemptive pardons, it would change the pardon power in a dangerous way. We have gone through a very decisive period, a divisive period. I mean, Thomas Jefferson called the Adams administration the reign of the witches, but none of them engaged in this type of preemptive pardons. And it would be a huge mistake for President Biden.  This article was written by Fox News staff.

According to recent reporting from Politico, the White House is currently discussing pardoning prominent Trump critics, including Dr. Anthony Fauci; Sen.-elect Adam Schiff, D-Calif.; and former Rep. Liz Cheney, R-Wyo.

Cheney is facing calls from GOP legislators that the FBI investigate her for "potential criminal witness tampering" related to her former role on the Jan. 6 House Select Committee, according to a report released Tuesday by House Administration Subcommittee on Oversight Chair Rep. Barry Loudermilk, R-Ga.