Biden’s Preemptive Pardons Seen as ‘Great News,’ Yet Don’t Offer Full Protection, Says Legal Expert

In his final hours as president, Joe Biden issued a round of high-profile pardons on Sunday night, shielding figures like Dr. Anthony Fauci, former Representative Liz Cheney, and others who may face scrutiny under the incoming Trump administration.

The move, intended to blunt potential “reprisals,” has drawn both praise and criticism, with legal experts noting that the pardons come with significant limitations.

The pardons include Cheney, a prominent critic of former President Trump and vice chair of the January 6 committee, and Dr. Fauci, who became a polarizing figure during the COVID-19 pandemic.

Celebrate Trump’s Historic 2024 Victory with the Exclusive Trump 47th President Collection!

General Mark Milley, former chairman of the Joint Chiefs of Staff, and all members of the January 6 committee were also included in the clemency order.

Biden’s aides said the pardons were designed to protect these individuals from what they described as politically motivated investigations.

However, legal experts quickly pointed out that the pardons do not shield recipients from testifying under oath in civil, criminal, or congressional proceedings.

“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,” federal litigation attorney Jesse Binnall wrote on X, formerly Twitter.

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.

And let’s just be realistic. Most of these disgusting individuals would probably have to be…

— Jesse R. Binnall (@jbinnall) January 20, 2025

The 5th Amendment protects individuals from self-incrimination, but a pardon removes the threat of prosecution for covered offenses, effectively compelling recipients to answer questions honestly under oath.

Republican lawmakers, including Reps. Jim Jordan (R-OH) and James Comer (R-KY), have already signaled their intent to investigate the Biden-Harris administration.

With Biden’s pardons in place, figures like Cheney and Fauci could be subpoenaed to testify before Congress.

Cheney may face questions regarding her role on the January 6 committee, including allegations of suppressing evidence or pressuring witnesses.

Fauci, meanwhile, could be asked to address accusations of undermining Trump’s pandemic response or misrepresenting public health data during the COVID-19 crisis.

In a statement accompanying the pardons, Biden defended his decision as necessary to uphold the rule of law and protect individuals from politically motivated attacks.

“I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately prevail over politics,” Biden said. “But these are exceptional circumstances, and I cannot in good conscience do nothing. Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families.”

He added, “Even when individuals have done nothing wrong — and in fact have done the right thing — and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.”

Critics argue that accepting a pardon may damage the public perception of the recipients, as it implies culpability in the court of public opinion.

“As soon as you take a pardon, it looks like you are guilty of something,” former Representative Adam Kinzinger told CNN earlier this month.

The timing of the pardons, just before President-elect Donald Trump takes the oath of office, adds to the controversy.

Biden issues pre-emptive pardons for General Mark Milley, Dr. Anthony Fauci, and members of the January 6th Committee among others.

This might be the ultimate news dump…

done hours before the swearing in with the assurance that this news will be overshadowed.

— Kayleigh McEnany (@kayleighmcenany) January 20, 2025

Trump’s administration has signaled that investigations into the Biden-Harris administration and its allies could be a priority, particularly in areas related to pandemic policy, the January 6 committee, and alleged misconduct by members of the Biden family.

While Biden’s pardons shield several key figures from prosecution, they open the door for congressional inquiries and public scrutiny.

As the Trump administration prepares to take office, the legal and political battles surrounding these figures are far from over.

Republican lawmakers are expected to press forward with investigations, potentially setting the stage for high-profile hearings in the months ahead.

The opinions expressed by contributors and/or content partners are their own and do not necessarily reflect the views of LifeZette. Contact us for guidelines on submitting your own commentary.