In an unprecedented move, outgoing President Joe Biden has issued preemptive pardons to a number of high-profile individuals, including Dr. Anthony Fauci, retired General Mark Milley, and members of the House Select Committee investigating the January 6, 2021, Capitol attack. The action, taken mere hours before President-elect Donald Trump’s inauguration, is widely seen as a safeguard against what Biden has described as "politically motivated prosecutions" by the incoming administration.
Key Figures Pardoned
Dr. Anthony Fauci:
As the face of the U.S. COVID-19 response, Fauci became a polarizing figure. While praised by many for his guidance during the pandemic, he faced harsh criticism from conservative figures and Trump supporters who accused him of overreach and mishandling the crisis. Biden’s pardon is viewed as a preemptive shield against any potential legal challenges Fauci might face under Trump’s presidency.
Senator Rand Paul from Kentucky, a vocal critic of Dr. Fauci, took to X to write "If there was ever any doubt as to who bears responsibility for the COVID pandemic, Biden’s pardon of Fauci forever seals the deal. As Chairman of the Senate Homeland Security and Governmental Affairs Committee I will not rest until the entire truth of the coverup is exposed. Fauci’s pardon will only serve as an accelerant to pierce the veil of deception. Ignominious! Anthony Fauci will go down in history as the first government scientist to be preemptively pardoned for a crime."
Fauci told CNN that he was “grateful to the president for doing it.”
“I have done nothing wrong. Certainly nothing criminal. No grounds at all,” he said.
General Mark Milley:
The former Chairman of the Joint Chiefs of Staff has faced scrutiny for his actions during the final months of Trump’s first term, including controversial statements regarding military readiness and civilian control of the armed forces. Milley’s pardon acknowledges his decades of service while aiming to protect him from what Biden described as “unjustified and politically motivated” legal threats.
In a statement, via Fox News, Milley said, “My family and I are deeply grateful for the president’s action today. 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 seek retribution for perceived slights. I do not want to put my family, my friends, and those with whom I served through the resulting distraction, expense and anxiety.”
January 6 Committee Members and Affiliates:
The blanket pardon extends to all congressional members of the January 6 House Select Committee, their staff, and even law enforcement officers who testified. The committee’s final report was critical of Trump and his role in the events surrounding the Capitol attack, drawing ire from Trump’s base. Biden’s move seeks to prevent retribution against those involved in the investigation.
“We have been pardoned today not for breaking the law, but for upholding it,” Thompson and Cheney said in a statement.
Biden’s Statement and Intent
President Biden issued a statement clarifying that the pardons are not an admission of guilt on the part of the recipients but rather a protective measure in a uniquely charged political climate.
“These pardons are not about wrongdoing but about ensuring that public servants and individuals who acted in good faith are not subject to unjust legal consequences due to political retaliation,” Biden said.
The outgoing president’s decision comes against a backdrop of heightened political division. Trump has openly promised to use legal avenues to target his adversaries, including specific mentions of the January 6 Committee during his campaign rallies.
Political Reactions
The pardons have sparked significant debate. Supporters argue they are a necessary safeguard in a climate where political retribution is a genuine concern. Critics, however, claim the move sets a troubling precedent, with some suggesting it could be interpreted as an implicit acknowledgment of wrongdoing by those pardoned.
While Biden’s supporters praise the act as a measure of protection for public servants, detractors on both sides of the aisle question whether such broad use of pardon power undermines the justice system.
A Precedent in Transition
As President-elect Trump prepares to take office, Biden’s use of the pardon power highlights the tension and deep political divisions that have characterized recent years. The pardons underscore Biden’s concerns about the potential weaponization of the justice system under Trump, while also opening the door to new debates about executive power and accountability.
With these pardons, Biden has made a final and bold statement on the eve of Trump’s presidency, setting the stage for what could be a contentious four years ahead.
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