Biden’s Last-Minute Pardons Spark Legal and Political Debate
In a sweeping late-hour move widely seen as an effort to shield political allies from potential retaliation by President-elect Donald Trump, President Joe Biden issued a series of pardons to a small group of high-profile figures. While meant to offer protection, the clemency orders may create new complications for those who received them.
Among the most notable beneficiaries are former Wyoming Republican congresswoman and Jan. 6 Committee co-chair Liz Cheney and Dr. Anthony Fauci. According to Biden aides, their inclusion on the limited list was designed to preempt any attempts at retribution by Trump or officials in his incoming administration.
Pardons Don’t Eliminate Obligation to Testify
Legal analysts quickly emphasized that these presidential pardons do not exempt Cheney or Fauci from testifying if they are subpoenaed. The clemency protects them from prosecution for certain offenses but does not erase their obligation to appear and testify under oath.
Federal litigation attorney Jesse Binnall stressed that the pardons could actually make Cheney and Fauci more vulnerable in future investigations. If a Republican-controlled Congress issues subpoenas, they would not be able to invoke the Fifth Amendment right against self-incrimination for covered offenses.
“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,” Binnall wrote on X, arguing that this could open the door to further legal exposure if they are found to lie under oath.
He went on to add: “And let’s just be realistic. Most of these disgusting individuals would probably have to be charged in Washington, DC, which doesn’t convict partisan leftists.” Binnall, a former attorney for President Donald Trump, suggested that the legal environment in the nation’s capital is tilted in favor of Democrats.
Calls to Move Testimony Outside Washington, DC
Other commentators on X weighed in on what they see as political and ideological bias in Washington, DC courts. Retired U.S. Army officer, attorney, and author Kurt Schlichter argued that any future legal proceedings should occur outside the district.
“This is key – the depositions and the actual testimony must take place outside of Washington DC. Washington DC is a biased venue that will not convict Democrats when they commit perjury. Accordingly, take this show on the road,” he wrote, urging lawmakers to seek alternative venues for hearings or depositions.
Additional Recipients: Milley and Jan. 6 Committee Members
The Sunday night clemency list also reportedly included former Chairman of the Joint Chiefs of Staff, Army Gen. Mark Milley, who became a vocal critic of Trump during his first term, along with all other members of the House Jan. 6 Committee.
The inclusion of Cheney and Milley drew a direct response from Trump. While signing executive orders in the Oval Office on Monday amid inauguration-related activities, Trump blasted Biden’s decisions when reporters asked about the pardons.
“I was going to talk about the things that Joe did today with the pardons of people that were very, very guilty of very bad crimes, like the unselect committee of political folks,” Trump said, referring to the Jan. 6 Committee.
“Why are we doing this? Why are we trying to help a guy like Milley? Why are we helping Liz Cheney?” he continued. “I mean, Liz Cheney is a disaster. She’s a crying lunatic and crying, crying.”
Limits of Presidential Pardons and Treason Concerns
Former Arizona state legislature candidate Josh Barnett (R) used a lengthy post on X to clarify what presidential pardons can—and cannot—do. He argued that many people mistakenly assume a pardon wipes away all potential criminal liability forever.
“A pardon typically grants forgiveness for a specific offense or set of offenses committed before the pardon was issued. However, if someone is found guilty of treason after receiving a pardon for previous crimes, the pardon does not extend to this new offense,” Barnett wrote. His comments appeared to allude to Milley, who reportedly contacted his Chinese counterpart near the end of Trump’s first term and allegedly said he would “warn” him of any impending U.S. attack.
Barnett further explained: “A pardon only covers the crimes explicitly mentioned or implicitly understood to be covered by the pardon at the time it was granted. If the treason was committed or discovered after the pardon, it would not be protected by that pardon.”
In effect, while Biden’s pardons may shield their recipients from specific past offenses, they do not guarantee immunity from future charges—or from being compelled to testify under oath in ongoing or future investigations.
