In a remarkable exercise of presidential authority, President Joe Biden granted pardons on Monday to Dr. Anthony Fauci, retired General Mark Milley, and members of the House committee that probed the January 6 Capitol attack. This decision came just before the end of Biden’s presidency, aimed at offering protection against potential retaliatory actions by the incoming administration of Donald Trump.
Biden’s move follows Trump’s indications of maintaining a list of political adversaries, particularly targeting those who opposed his attempts to contest the outcome of the 2020 election, along with participants in the January 6 events. Trump has reportedly chosen Cabinet members who support his claims of a rigged election and who are committal to retaliatory actions against those involved in investigations of his conduct.
“The granting of these pardons should not be interpreted as an acknowledgment of wrongdoing by any individual, nor should the recipients perceive acceptance as an admission of guilt,” Biden expressed in his announcement. He emphasized that the nation owes a significant debt to these public servants for their dedicated service.
With only a few hours remaining in his presidency, the pardons have been a subject of extensive discussion within top White House circles for several months. While it is common for outgoing presidents to grant clemency, such decisions usually pertain to individuals who have been found guilty of crimes.
Trump denounced the pardons as disgraceful. Biden, a member of the Democratic Party, has taken this action in an unprecedented manner, offering clemency to individuals who have not faced formal investigations. This sets a potential precedent that could lead to broader uses of pardons by Trump or future presidents.
The Supreme Court previously ruled that while presidents enjoy extensive immunity from prosecution for official acts, their aides do not enjoy the same protection. This raises concerns that future administrations may leverage the promise of pardons to influence allies into risky actions they would typically avoid due to legal repercussions.
It remains uncertain if those pardoned by Biden would need to formally seek clemency, as this acceptance might unwittingly signal an acknowledgment of wrongdoing, potentially legitimizing accusations made by Trump and his supporters. The pardons for Fauci and Milley encompass actions dating back to January 1, 2014. Biden stated, “These are extraordinary circumstances, and I cannot in good conscience remain inactive.” He further noted that being investigated or prosecuted, even when innocent, can severely tarnish reputations and disrupt lives.
Dr. Fauci was the director of the National Institute of Allergy and Infectious Diseases for nearly four decades, including during Trump’s presidency, and served as Biden’s chief medical adviser until his retirement in 2022. Known for his pivotal role in managing the country’s response to the COVID-19 pandemic, Fauci faced significant backlash for counteracting Trump’s unscientific public health claims. He has become a focal point of animosity from right-leaning factions who hold him accountable for various public health measures.
“Despite the achievements during my lengthy public service, I have been targeted by politically-motivated threats of investigation and persecution,” Fauci stated. “There is no foundation for these threats. Let me reiterate: I have committed no crime.”
General Milley, previously the Chairman of the Joint Chiefs of Staff, has openly criticized Trump, labeling him a fascist and recounting the events around the January 6 uprising. He expressed gratitude to Biden for the pardon, emphasizing the wish to avoid unnecessary conflicts for himself and his family.
Biden also issued pardons to the members and staff of the January 6 committee, alongside officers from the U.S. Capitol and D.C. Metropolitan police who gave testimony about the riot that day. This “full and unconditional pardon” covers any offenses related to their actions during the investigation.
The committee dedicated 18 months to investigating Trump’s role in the insurrection, with the final report indicating Trump engaged in a “multi-part conspiracy” to overturn the electoral results of the 2020 election. Biden commented on the attempts to undermine and intimidate those involved with the committee, highlighting their profound significance in the democratic process.
While Biden’s announcement did not specify individuals by name, some of those pardoned were reportedly unaware of their clemency until the news broke, according to sources familiar with the situation. Rep. Liz Cheney and Rep. Bennie Thompson, leaders of the committee, expressed their gratitude, clarifying that they were pardoned “not for breaking the law but for upholding it.”
They noted that such extraordinary measures are necessary when public servants face unjust legal action for their dedication to revealing critical facts about ongoing political malfeasance. Despite the pardons, there remains uncertainty as to the extent of legal protections, particularly regarding inquiries from Congress, where Republican members still have the power to pursue investigations related to the committee’s work.
Biden, who has consistently advocated for transparent processes and a seamless transition, previously invited Trump to the White House, hoping Americans would remain united despite warnings of a rising oligarchy. He has long cautioned about the existential threats posed by Trump’s return to power. This latest decision reflects a reactive shift in Biden’s approach to the political environment. Record-setting in his pardoning power, he has extended clemency to various individuals, including his son, Hunter.
Historically, preemptive pardons have entered discussions in political circles; Trump advisers contemplated similar measures during his presidency, but no actions were taken against those affiliated with his failed election efforts. Following the Watergate scandal, President Gerald Ford granted a sweeping pardon to Richard Nixon in 1974.
As Trump prepares to assume office again, he has signaled intentions to issue clemency to numerous participants in the January 6 events, many of whom harmed law enforcement, highlighting anticipated conflicts moving forward. Former Metropolitan Police Officer Michael Fanone, who suffered severe injuries during the January 6 attack, expressed disbelief upon learning of Biden’s last-minute pardons, emphasizing concerns for his safety and that of his loved ones in light of a vengeful political party.
“I’m still processing it,” he shared. “I can hardly believe this is my country.”
