Pardons by Trump and Biden reveal distrust of each other and wobbly faith in criminal justice system

WASHINGTON (AP) — A day that began with the outgoing president's pardon of lawmakers and his own family ended with the incoming president's pardon of supporters who violently stormed the Capitol four years ago.

The clemency Monday by departing President Joe Biden and new President Donald Trump — one benefiting relatives and public servants not accused of criminal wrongdoing, the other aiding rioters convicted of violent felonies — are vastly different in scope, impact and their meaning for the rule of law.

But the remarkable flex of executive authority in a 12-hour span also shows the men's deeply rooted suspicion of one another, with both signaling to their supporters that the tall pillars of the criminal justice system — facts, evidence and law — could not be trusted as foundational principles in each other's administrations.

“It was a sad day for Lady Justice no matter which side of the political spectrum you're on,” said John Fishwick Jr., a former U.S. attorney in Virginia during the Obama administration. “In alternative ways, both Biden and Trump were sending the same message. Trump was saying it was a corrupt system the last four years, and Biden was saying it's about to be a corrupt system. And that's a horrible message.”

In pardoning his siblings and their spouses in one of his final actions in office, Biden said his family had been “subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me — the worst kind of partisan politics.” He said he had “no reason to believe these attacks will end," a similar rationale he cited when pardoning his son Hunter in December for tax and gun crimes despite having repeatedly pledged not to.

He also pardoned Dr. Anthony Fauci, retired Gen. Mark Milley and members of the House committee that investigated the Jan. 6 attack on the Capitol — all considered potential targets of investigation in a Trump administration despite no public evidence of any criminal behavior. Trump's pick for FBI director, Kash Patel, has for instance singled out Fauci as someone deserving of investigation and prosecution over the handling of the COVID-19 pandemic.

The clemency reached beyond those who might have reason to fear retribution under Trump. In a move that went against the explicit urging of the recently-departed FBI Director Christopher Wray and angered law enforcement, Biden commuted the sentence of Indigenous activist Leonard Peltier, who had been imprisoned for nearly half a century for the 1975 killings of two FBI agents.

Even as Biden said he believed in the rule of law and was “optimistic that the strength of our legal institutions will ultimately prevail over politics,” he acknowledged that “exceptional circumstances” compelled him to act.

That wobbly faith in the criminal justice system under Trump's watch appears to mirror the American public's perspective.

About half of Americans are “not very” or “not at all” confident that the Justice Department, the FBI or the Supreme Court will act in a fair and nonpartisan manner during Trump’s second term. In each instance, roughly 3 in 10 are “somewhat” confident and about 2 in 10 are “extremely” or “very” confident, according to an AP-NORC poll from January.

While the outgoing Democratic resident was convinced his successor could not be trusted not to target his perceived adversaries, including his own relatives, the incoming Republican president seemed equally convinced the prior administration engaged in political persecution of his supporters.

Trump pardoned, commuted the prison sentences of or vowed to dismiss the cases of all of the 1,500-plus people charged with crimes in Capitol riot on Jan. 6, 2021. His action far exceeded the forecasts of other Trump administration officials, who suggested the clemency grants would be narrower.

The clemency wiped out the largest investigation in Justice Department history, the beneficiaries including members of the mob of Trump supporters who violently attacked police officers with weapons like flag poles, bats and bear spray, as well as leaders of far-right extremist groups convicted of failed plots to keep the Republican in power.

Trump has cast the rioters as “hostages” and “patriots” despite the breadth of evidence accumulated by prosecutors and has complained that the cases were politically motivated despite no evidence of any coordination between the Justice Department and the White House.

“That’s breathtaking. This is a man who does not believe in the rule of law. He believes he can do as he pleases. He’s made that clear for many years,” said Chris Edelson, an assistant American University professor specializing in presidential powers.

He said he did not fault Biden for the preemptive pardons, given Trump's warnings of reprisal.

“It would be a lie or at the very least misleading for President Biden to assure Americans that they can trust the system,” Edelson said.

Questions about faith in the rule of law have taken center stage as Trump looks for the Senate to confirm both Patel and his attorney general pick, Pam Bondi, who during her confirmation hearing last week told senators that she would not play politics while also suggesting that the Justice Department over the last four years had become weaponized.

For critics of the pardons like Fishwick, the former U.S. attorney, the clemency risks adding to the misguided public perception that the criminal justice system is “rigged.”

“I think both Biden and Trump were using the pardon power as part of political statements," Fishwick said, "and that's not how the Founding Fathers envisioned them being implemented by the president.”

Associated Press writer Linley Sanders contributed to this report.

FILE - President Donald Trump speaks as the Chairman of the Joint Chiefs of Staff Gen. Mark Milley, right, listens during a briefing with senior military leaders in the Cabinet Room at the White House in Washington, Monday, Oct. 7, 2019. (AP Photo/Carolyn Kaster, File)

FILE - Retired Gen. Mark Milley, the former chairman of the Joint Chiefs of Staff, appears before the House Foreign Affairs Committee about the U.S. withdrawal from Afghanistan on Capitol Hill, Tuesday, March 19, 2024, in Washington. (AP Photo/Mark Schiefelbein, File)

FILE - U.S. Capitol Police Sgt. Aquilino Gonell, left, and Washington Metropolitan Police Department officer Daniel Hodges listen as the House select committee investigating the Jan. 6 attack on the U.S. Capitol holds a hearing on Capitol Hill in Washington, Oct. 13, 2022. (AP Photo/Jacquelyn Martin, File)

FILE - Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, listens during opening statements during a Senate Health, Education, Labor, and Pensions Committee hearing on Capitol Hill, Nov. 4, 2021, in Washington. (AP Photo/Alex Brandon, File)

FILE - Hunter Biden steps into a vehicle as he leaves federal court, Thursday, Sept. 5, 2024, in Los Angeles, after pleading guilty to federal tax charges. (AP Photo/Eric Thayer, File)

File - President Joe Biden speaks at the International African American Museum in Charleston, S.C., Jan. 19, 2025. (AP Photo/Stephanie Scarbrough, File )

Supporters of President Donald Trump stand with their flags in support of people convicted for their part in the Jan. 6 riot at the U.S. Capitol at the DC Central Detention Facility in Washington, Tuesday, Jan. 21, 2025. (AP Photo/Jose Luis Magana)

President Donald Trump signs an executive order pardoning about 1,500 defendants charged in the Jan. 6 attack on the U.S. Capitol in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington. (AP Photo/Evan Vucci)

U.S. President Donald Trump says Iran has proposed negotiations after his threat to strike the Islamic Republic as an ongoing crackdown on demonstrators has led to hundreds of deaths.

Trump said late Sunday that his administration was in talks to set up a meeting with Tehran, but cautioned that he may have to act first as reports mount of increasing deaths and the government continues to arrest protesters.

“The meeting is being set up, but we may have to act because of what’s happening before the meeting. But a meeting is being set up. Iran called, they want to negotiate,” Trump told reporters on Air Force One on Sunday night.

Iran did not acknowledge Trump’s comments immediately. It has previously warned the U.S. military and Israel would be “legitimate targets” if America uses force to protect demonstrators.

The U.S.-based Human Rights Activists News Agency, which has accurately reported on past unrest in Iran, gave the death toll. It relies on supporters in Iran cross checking information. It said at least 544 people have been killed so far, including 496 protesters and 48 people from the security forces. It said more than 10,600 people also have been detained over the two weeks of protests.

With the internet down in Iran and phone lines cut off, gauging the demonstrations from abroad has grown more difficult. Iran’s government has not offered overall casualty figures.

The Latest:

Iran drew tens of thousands of pro-government demonstrators to the streets Monday in a show of power after nationwide protests challenging the country’s theocracy.

Iranian state television showed images of demonstrators thronging Tehran toward Enghelab Square in the capital.

It called the demonstration an “Iranian uprising against American-Zionist terrorism,” without addressing the underlying anger in the country over the nation’s ailing economy. That sparked the protests over two weeks ago.

State television aired images of such demonstrations around the country, trying to signal it had overcome the protests, as claimed by Iranian Foreign Minister Abbas Araghchi earlier in the day.

China says it opposes the use of force in international relations and expressed hope the Iranian government and people are “able to overcome the current difficulties and maintain national stability.”

Chinese Foreign Ministry spokesperson Mao Ning said Monday that Beijing “always opposes interference in other countries’ internal affairs, maintains that the sovereignty and security of all countries should be fully protected under international law, and opposes the use or threat of use of force in international relations.”

German Chancellor Friedrich Merz condemned “in the strongest terms the violence that the leadership in Iran is directing against its own people.”

He said it was a sign of weakness rather than strength, adding that “this violence must end.”

Merz said during a visit to India that the demonstrators deserve “the greatest respect” for the courage with which “they are resisting the disproportional, brutal violence of Iranian security forces.”

He said: “I call on the Iranian leadership to protect its population rather than threatening it.”

Iran’s Foreign Ministry spokesman on Monday suggested that a channel remained open with the United States.

Esmail Baghaei made the comment during a news conference in Tehran.

“It is open and whenever needed, through that channel, the necessary messages are exchanged,” he said.

However, Baghaei said such talks needed to be “based on the acceptance of mutual interests and concerns, not a negotiation that is one-sided, unilateral and based on dictation.”

The semiofficial Fars news agency in Iran, which is close to the paramilitary Revolutionary Guard, on Monday began calling out Iranian celebrities and leaders on social media who have expressed support for the protests over the past two weeks, especially before the internet was shut down.

The threat comes as writers and other cultural leaders were targeted even before protests. The news agency highlighted specific celebrities who posted in solidarity with the protesters and scolded them for not condemning vandalism and destruction to public property or the deaths of security forces killed during clashes. The news agency accused those celebrities and leaders of inciting riots by expressing their support.

Canada said it “stands with the brave people of Iran” in a statement on social media that strongly condemned the killing of protesters during widespread protests that have rocked the country over the past two weeks.

“The Iranian regime must halt its horrific repression and intimidation and respect the human rights of its citizens,” Canada’s government said on Monday.

Iran’s foreign minister claimed Monday that “the situation has come under total control” after a bloody crackdown on nationwide protests in the country.

Abbas Araghchi offered no evidence for his claim.

Araghchi spoke to foreign diplomats in Tehran. The Qatar-funded Al Jazeera satellite news network, which has been allowed to work despite the internet being cut off in the country, carried his remarks.

Iran’s foreign minister alleged Monday that nationwide protests in his nation “turned violent and bloody to give an excuse” for U.S. President Donald Trump to intervene.

Abbas Araghchi offered no evidence for his claim, which comes after over 500 have been reported killed by activists -- the vast majority coming from demonstrators.

Araghchi spoke to foreign diplomats in Tehran. The Qatar-funded Al Jazeera satellite news network, which has been allowed to work despite the internet being cut off in the country, carried his remarks.

Iran has summoned the British ambassador over protesters twice taking down the Iranian flag at their embassy in London.

Iranian state television also said Monday that it complained about “certain terrorist organization that, under the guise of media, spread lies and promote violence and terrorism.” The United Kingdom is home to offices of the BBC’s Persian service and Iran International, both which long have been targeted by Iran.

A huge crowd of demonstrators, some waving the flag of Iran, gathered Sunday afternoon along Veteran Avenue in LA’s Westwood neighborhood to protest against the Iranian government. Police eventually issued a dispersal order, and by early evening only about a hundred protesters were still in the area, ABC7 reported.

Los Angeles is home to the largest Iranian community outside of Iran.

Los Angeles police responded Sunday after somebody drove a U-Haul box truck down a street crowded with the the demonstrators, causing protesters to scramble out of the way and then run after the speeding vehicle to try to attack the driver. A police statement said one person was hit by the truck but nobody was seriously hurt.

The driver, a man who was not identified, was detained “pending further investigation,” police said in a statement Sunday evening.

Shiite Muslims hold placards and chant slogans during a protest against the U.S. and show solidarity with Iran in Lahore, Pakistan, Sunday, Jan. 11, 2026. (AP Photo/K.M. Chaudary)

Activists carrying a photograph of Reza Pahlavi take part in a rally supporting protesters in Iran at Lafayette Park, across from the White House, in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

Activists take part in a rally supporting protesters in Iran at Lafayette Park, across from the White House in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)

Protesters burn the Iranian national flag during a rally in support of the nationwide mass demonstrations in Iran against the government in Paris, Sunday, Jan. 11, 2026. (AP Photo/Michel Euler)