In a historic and unprecedented move, President Joe Biden on Monday issued preemptive pardons to General Mark Milley, Dr. Anthony Fauci, and several members of Congress who served on the committee investigating the January 6, 2021, Capitol attack.
This extraordinary exercise of executive authority, delivered in the final hours of his presidency, was aimed at shielding these individuals from potential retribution under the incoming administration of Donald Trump.
The pardons target outspoken critics of Trump, including former Republican Representative Liz Cheney, whom the former president has openly vowed to punish.
In a statement issued hours before preparing to welcome Trump for the traditional pre-inaugural tea, Biden justified his decision as a moral imperative in the face of politically motivated threats.
“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden wrote. “Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families.”
Biden had been considering the pardons for several days, expressing concerns about Trump potentially launching investigations against his adversaries.
In his statement, he underscored the alarming rise in threats faced by public servants for fulfilling their duties.
Among the recipients, Dr. Fauci, who led the National Institute of Allergy and Infectious Diseases during the COVID-19 pandemic, and General Milley, who served as Chairman of the Joint Chiefs of Staff, have both faced sharp criticism from Trump and his allies.
Milley has even warned of Trump’s authoritarian tendencies.
“The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense,” Biden clarified. “Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”
While Biden acknowledged concerns that issuing pardons might imply guilt, he ultimately prioritized the protection of these individuals over the potential optics.
This decision marks an extraordinary use of presidential power, surpassing even President Gerald Ford’s controversial pardon of Richard Nixon.
None of the individuals receiving Biden’s pardons faced immediate legal jeopardy, but the president considered the potential for retaliation serious enough to warrant action.
The pardons came as a surprise to many, including members of the January 6 committee.
Multiple sources indicated that some recipients were unaware they were being pardoned, and one remarked they still do not fully understand the justification for the action.
General Milley expressed deep gratitude for the decision, emphasizing the toll such threats could take on his family and loved ones.
“After forty-three years of faithful service in uniform to our nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights,” Milley said.
Dr. Fauci also voiced his appreciation, acknowledging the personal toll of ongoing threats.
“As (Biden) said, we did nothing wrong, but the baseless accusations and threats are real for me and my family,” he said.
Former Capitol Hill police officer Harry Dunn thanked Biden for his leadership during turbulent times, saying, “I am eternally grateful to President Joe Biden, not just for this preemptive pardon, but for his leadership and service to this nation, especially over the last four years.”
Despite these pardons, some figures, including former Republican Representative, Adam Kinzinger and Senator Adam Schiff, have publicly declined the offer, expressing skepticism about the need for such protection.
Legal experts also weighed in on the potential implications. Trump’s attorney, Jesse Binnall, noted that the pardons could inadvertently force recipients to testify in legal or congressional proceedings, as they would no longer be able to invoke the Fifth Amendment.
“The pardons are actually great news. 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 wrote.
Additionally, the pardons would not shield recipients from other types of investigations, such as tax inquiries or state-level charges, focusing solely on protection from federal criminal prosecution.
As Biden prepared to leave office, he emphasized the need for unity and the avoidance of political score-settling. In an interview with USA Today, he revealed that he had urged Trump to avoid using his presidency to seek revenge.
“There was no need, and it was counterintuitive for his interest to go back and try to settle scores,” Biden said.
Biden’s decision to issue these sweeping pardons will likely remain a subject of intense debate, reflecting his determination to shield public servants from potential harm while leaving the door open for political and legal scrutiny to continue.
