In an unusual move, President Joe Biden issued pardons on Monday to Dr. Anthony Fauci, retired General Mark Milley, as well as members of the House committee that scrutinized the January 6 Capitol attack. This action, taken during the last hours of his presidency, seems to be aimed at protecting these individuals from any potential retribution from the incoming Trump administration.
This decision comes in response to remarks made by Donald Trump, who indicated the existence of an enemies list of individuals who have politically opposed him or have sought to hold him accountable for both his attempts to overturn the results of the 2020 election and his role in the January 6 insurrection. Trump’s selections for Cabinet positions include those who endorse his false claims regarding the election and have promised to take punitive measures against individuals involved in investigations against him.
Biden clarified in a statement that the pardons should not be viewed as an admission of wrongdoing on anyone’s part nor as an acknowledgment of guilt. “Our nation owes these public servants a debt of gratitude for their tireless commitment to our country,” he remarked.
These pardons, announced with very little time remaining in Biden’s term, have sparked intense discussions within the White House for several months. While it is common practice for presidents to grant clemency as their term ends, this typically applies to individuals who have already been convicted of crimes.
Trump voiced disapproval of the pardons, calling them disgraceful. On the other hand, Biden has chosen to wield his presidential power in an unprecedented fashion, extending pardons to individuals who have not even faced charges or investigations. This move may set a precedent for a similar expansive use of pardons by Trump and future leaders.
Although the Supreme Court determined last year that presidents have significant immunity from prosecution related to official actions, the same cannot be said for aides and allies. Concerns exist that future presidents might exploit the possibility of broad pardons to persuade associates to undertake actions they might otherwise hesitate to do due to legal repercussions.
It remains uncertain whether those who received pardons must apply for clemency or formally accept Biden’s offer. Accepting could unintentionally signal an acknowledgment of guilt or wrongdoing, thereby reinforcing years of criticism from Trump and his supporters, even though the individuals in question have not been formally charged with any crimes.
Dr. Fauci, having served nearly 40 years as the director of the National Institute of Allergy and Infectious Diseases, played a key role in managing the nation’s response to the COVID-19 pandemic. He has faced significant backlash, particularly from right-wing individuals who see him as responsible for mask mandates and policies perceived as restrictive during the pandemic. “There is absolutely no basis for these threats,” Fauci asserted in a statement, maintaining his innocence.
General Milley, the former chairman of the Joint Chiefs of Staff, has previously labeled Trump as a fascist and has openly discussed Trump’s actions during the January 6 events. He expressed gratitude for the pardon, stating he wishes to avoid unnecessary conflict and protect his family from undue distractions.
Biden’s pardons also extended to members and staff who were part of the January 6 committee, along with police officers from U.S. Capitol and D.C. Metropolitan forces who testified about the harrowing events of that day. The committee spent 18 months investigating Trump and the Capitol riot, with its final findings accusing Trump of engaging in a “multi-part conspiracy” to undermine the 2020 election results.
The legal protections granted by these pardons may not fully shield the lawmakers from further inquiries, particularly from Congress. Republicans may still have the ability to investigate committee actions much like they did in the previous session, which included demands for testimony and documentation.
As an advocate of institutional values, Biden has aimed for a seamless transition to the next administration, even extending an invitation to Trump to visit the White House. Despite his warnings about the dangers of a potential Trump presidency, he prioritized his concerns for democracy in making his decision to grant these pardons.
With this move, Biden has set a new presidential record for the number of individual pardons and commutations. In addition to pardoning Fauci and Milley, he also granted clemency to his son, Hunter. While he is not the first president to contemplate preemptive pardons, Trump had considered similar measures for himself and his associates but did not finalize any before leaving office four years ago.
In a historical context, President Gerald Ford issued a pardon to Richard Nixon in 1974, concerning the Watergate scandal. Trump has promised to extend swift clemency to individuals involved in the January 6 events, which led to injuries among law enforcement. “Everyone in this very large arena will be very happy with my decision,” he stated during a rally before taking office.
