In a controversial final act as President, Joe Biden issued a series of last-minute pardons aimed at shielding high-profile allies from potential retaliation by President-elect Donald Trump and his administration. While the pardons were described by Biden aides as a protective measure, they’ve sparked widespread debate about their implications and limitations.
High-Profile Pardons: Liz Cheney, Dr. Fauci, and More
Among the notable recipients of Biden’s clemency are former Wyoming Republican congresswoman and Jan. 6 Committee co-chair Liz Cheney and Dr. Anthony Fauci, the nation’s top infectious disease expert during the COVID-19 pandemic. These pardons, according to Biden’s aides, were intended to prevent acts of political retribution by Trump’s incoming administration.
However, legal experts have highlighted that these pardons are not a blanket shield. Both Cheney and Fauci could still be compelled to testify under oath if subpoenaed, and they remain vulnerable to legal consequences if they lie under oath.
Legal Experts Weigh In
Federal litigation attorney Jesse Binnall, a former lawyer for President Trump, pointed out the significant limitations of Biden’s pardons. Writing on X (formerly Twitter), Binnall explained:
“No one who was just pardoned will be able to refuse to testify in a civil, criminal, or congressional proceeding based upon the 5th Amendment.”
Binnall added that the pardons might ironically open the door for legal actions:
“The pardons are great news for those wanting accountability. If these individuals lie under oath, they could still face prosecution.”
Concerns Over Washington, D.C.’s Judicial Bias
The venue for potential legal proceedings has become a focal point of debate. Critics argue that Washington, D.C., as a traditionally liberal-leaning jurisdiction, may not fairly convict Democratic figures.
Retired U.S. Army officer and lawyer Kurt Schlichter proposed a solution, suggesting that depositions and testimonies take place outside of Washington, D.C., to ensure impartiality.
“Washington, D.C., is a biased venue that will not convict Democrats when they commit perjury. Accordingly, take this show on the road,” Schlichter wrote on X.
Pardoning Military and Jan. 6 Committee Members
In addition to Cheney and Fauci, Biden’s pardons extended to former Joint Chiefs of Staff Chairman and Army Gen. Mark Milley, who had publicly criticized Trump during his first term, and all other members of the Jan. 6 Committee.
Milley’s pardon, in particular, has drawn scrutiny due to past allegations. Reports claim Milley contacted his Chinese counterpart during the final days of Trump’s presidency, allegedly assuring him he would warn of any pending U.S. military action.
Trump’s Reaction to Biden’s Pardons
President-elect Donald Trump did not hold back in criticizing Biden’s decision during remarks made in the Oval Office on Monday.
“Why are we doing this? Why are we trying to help a guy like Milley? Why are we helping Liz Cheney? Liz Cheney is a disaster. She’s a crying lunatic,” Trump said to reporters.
Trump also referred to the Jan. 6 Committee as the “unselect committee of political folks,” further underscoring his disdain for the pardoned individuals.
The Scope and Limits of Presidential Pardons
While presidential pardons are powerful tools, they have defined limitations. Legal analysts, including former Arizona state legislature candidate Josh Barnett, have explained that pardons only apply to offenses committed before their issuance.
Barnett elaborated on the subject in a detailed post on X, highlighting the constraints of blanket pardons:
“A pardon typically grants forgiveness for a specific offense or set of offenses committed before the pardon was issued. However, if someone is found guilty of treason or other crimes after receiving a pardon for previous offenses, the pardon does not extend to these new crimes.”
Barnett’s statement may be a veiled reference to Milley’s alleged communications with China, which critics argue could constitute treason if further evidence emerges.
Political Implications of Biden’s Pardons
The timing and scope of Biden’s pardons have reignited debate over the use of presidential clemency as a political tool. While the pardons may provide temporary relief for their recipients, they come with significant legal and political ramifications.
By issuing these pardons in the final hours of his presidency, Biden has drawn a clear line against potential retaliation from the incoming Trump administration. However, legal experts warn that these clemencies may have inadvertently created opportunities for further scrutiny and accountability.