In a surprising and momentous move, President Joe Biden issued pardons on Monday to Dr. Anthony Fauci, former General Mark Milley, and members of the House committee that examined the January 6 Capitol attack. This decision came as Biden sought to protect these individuals from potential “revenge” by the incoming administration under Donald Trump.
Biden’s pardons were prompted by Trump’s recent warnings of a political enemies list, targeting those who opposed his attempt to overturn the results of the 2020 election and his actions during the Capitol riot. Trump’s newly chosen cabinet members have voiced support for his unfounded claims regarding the election, indicating a desire to retaliate against those who participated in investigations of his conduct.
In his statement, Biden highlighted that granting these pardons is not an admission of wrongdoing by any individual involved. He expressed gratitude towards these public servants for their unwavering dedication to the nation. The pardons were announced just hours before Biden’s presidency ended, a point of contention and discussion for several months within the White House. While it is customary for presidents to extend clemency towards individuals convicted of crimes at the close of their terms, Biden’s action transcended this norm by pardoning those not formally indicted.
As a Democrat, Biden’s approach expands the conventional use of presidential pardons, paving the way for future leaders, including Trump, who is a Republican, to follow suit. The Supreme Court has maintained that presidents have significant immunity from prosecution for official actions; however, staff and allies do not share the same protection. There are fears that future administrations might leverage blanket pardons as a means to coerce loyalty from their associates.
The ramifications of these pardons are uncertain. It remains unclear whether the recipients must formally accept the clemency, as doing so could imply an acknowledgment of guilt, potentially validating Trump’s narrative against them. Biden emphasized that the circumstances were exceptional and stated he could not remain inactive in light of unwarranted investigations or accusations that could tarnish reputations.
Dr. Anthony Fauci, who held the position of director of the National Institute of Allergy and Infectious Diseases for nearly four decades, has been vilified in some circles for his role in managing the COVID-19 response during both the Trump and Biden administrations. He expressed gratitude for the pardon, stating there was no basis for the investigation threats against him and reaffirming his innocence.
Mark Milley, the former chairman of the Joint Chiefs of Staff, was also among those pardoned. He has previously spoken out against Trump, describing him as a fascist, and appreciated Biden’s decision to grant him clemency, wishing to avoid the distractions and conflicts that could arise from potential retribution.
Biden also pardoned members and staff from the January 6 committee that investigated the Capitol insurrection, alongside the U.S. Capitol and D.C. Metropolitan police officers who courageously testified about their harrowing experiences on that day. The committee’s lengthy investigation concluded that Trump engaged in a multi-faceted conspiracy to overturn the 2020 election results and failed to intervene as his supporters stormed the Capitol.
In his remarks, Biden lamented that rather than confronting their actions, those involved in the January 6 incident have aimed to intimidate and undermine the efforts of the Select Committee, attempting to rewrite history for partisan advantages.
Although Biden did not disclose the names of all the individuals who received pardons, some were reportedly unaware of their clemency until the announcement was made. Biden’s actions reflect his commitment to a peaceful transition of power, despite the tumultuous political landscape he warned would be exacerbated by Trump’s potential return to prominence in politics.
Biden’s presidency has seen an unprecedented number of pardons and clemencies, including one for his son, Hunter. Preemptive pardons have been contemplated by past leaders, with Trump’s aides considering similar measures for him and his supporters after the Capitol incident, though no such pardons were finalized during Trump’s tenure.
Historically, presidential pardons have been employed across various administrations, such as Gerald Ford’s earlier comprehensive pardon for Richard Nixon linked to the Watergate scandal. As Trump prepares to assume office again, he has signaled intentions to grant clemency to many associated with the chaotic events of January 6, igniting further discussions regarding the implications of such decisions for the future of American governance.
