Biden pardons Fauci, Milley and the Jan. 6 committee in effort to guard against ‘revenge’ by Trump
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- The decision by Biden comes after Donald Trump warned of an enemies list filled with those who have crossed him politically or sought to hold him accountable for his attempt to overturn his 2020 election loss.
- While the Supreme Court last year ruled that the president enjoys broad immunity from prosecution for what could be considered official acts, the president’s aides and allies enjoy no such shield.
WASHINGTON — Former President Biden on Monday pardoned Dr. Anthony Fauci, retired Gen. Mark A. Milley and members of the House committee that investigated the Jan. 6 attack on the Capitol, using the extraordinary powers of his office in his final hours to guard against potential “revenge” by the incoming Trump administration. He also pardoned his siblings and their spouses.
The decision by Biden came after Donald Trump warned of an enemies list filled with those who have crossed him politically or sought to hold him accountable for his attempt to overturn his 2020 election loss and his role in the storming of the U.S. Capitol on Jan. 6, 2021. Trump has selected Cabinet nominees who backed his election lies and who have pledged to punish those involved in efforts to investigate him.
“The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense,” Biden said in a statement. “Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”
The pardons, announced with just hours left in Biden’s presidency, have been the subject of heated debate for months at the highest levels of the White House. It’s customary for a president to grant clemency at the end of his term, but those acts of mercy are usually offered to Americans who have been convicted of crimes.
Trump said after his inauguration that Biden had pardoned people who were “very very guilty of very bad crimes” — “political thugs,” Trump called them.
Biden has used the power in the broadest and most untested way possible: to pardon those who have not even been investigated. His decision lays the groundwork for an even more expansive use of pardons by Trump and future presidents.
Although the Supreme Court last year ruled that presidents enjoy broad immunity from prosecution for what could be considered official acts, the president’s aides and allies enjoy no such shield. There are fears that Trump or future presidents could use the promise of a blanket pardon to encourage allies to take actions they might otherwise resist for fear of running afoul of the law.
“I continue to believe that the grant of pardons to a committee that undertook such important work to uphold the law was unnecessary, and because of the precedent it establishes, unwise,” said California Sen. Adam B. Schiff, who worked on the committee. “But I certainly understand why President Biden believed he needed to take this step.”
Donald Trump took the oath of office to become the 47th president in a historic Inauguration Day.
It’s unclear whether those pardoned by Biden would need to apply for the clemency or accept the offer. The “full and unconditional” pardons for Fauci and Milley cover the period extending back to Jan. 1, 2014.
“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden said, adding, “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.”
Fauci was director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health for nearly 40 years, including during Trump’s first term in office, and later served as Biden’s chief medical advisor until his retirement in 2022. He helped coordinate the nation’s response to the COVID-19 pandemic and raised Trump’s ire when he resisted the then-president’s untested public health notions.
Fauci has since become a target of intense hatred and vitriol from people on the right, who blame him for mask mandates and other policies they believe infringed on their rights, even as hundreds of thousands of people were dying.
“Despite the accomplishments that my colleagues and I achieved over my long career of public service, I have been the subject of politically-motivated threats of investigation and prosecution,” Fauci said in a statement. “There is absolutely no basis for these threats. Let me be perfectly clear: I have committed no crime.”
Milley, a former chairman of the Joint Chiefs of Staff, has called Trump a fascist and detailed Trump’s conduct around the deadly Jan. 6, 2021, insurrection at the U.S. Capitol.
“I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights,” he said in a statement. “I do not want to put my family, my friends, and those with whom I served through the resulting distraction, expense, and anxiety.”
Biden also extended pardons to members and staff of the Jan. 6 committee that investigated the attack, as well as the U.S. Capitol and D.C. Metropolitan police officers who testified before the committee about their experiences that day, overrun by an angry, violent mob of Trump supporters.
The committee spent 18 months investigating Trump and the violent insurrection. It was led by U.S. Rep. Bennie Thompson (D-Miss.), and Republican Liz Cheney, who later pledged to vote for Democrat Kamala Harris and campaigned with her.
The committee’s final report found that Donald Trump criminally engaged in a “multi-part conspiracy” to overturn the lawful results of the 2020 presidential election and failed to act to stop his supporters from attacking the Capitol.
Congressional leaders had pushed for Biden to pardon Garvey, with supporters arguing that Garvey’s conviction was politically motivated.
“Rather than accept accountability, those who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain, and seek revenge, including by threatening criminal prosecutions,” Biden said.
“These public servants have served our nation with honor and distinction and do not deserve to be the targets of unjustified and politically motivated prosecutions,” Biden said.
Biden’s statement did not list the scores of members and staff by name. Some did not know they were to receive pardons until it happened, according to a person familiar with the matter who spoke to the Associated Press on the condition of anonymity.
Cheney and Thompson said in a statement on behalf of the committee that they were grateful for the decision, saying they were being pardoned “not for breaking the law but for upholding it.”
“These are indeed ‘extraordinary circumstances’ when public servants are pardoned to prevent false prosecution by the government for having worked faithfully as members of Congress to expose the facts of a months long criminal effort to override the will of the voters after the 2020 election, including by inciting a violent insurrection,” they said in the statement.
The extent of the legal protection offered by the pardons may not fully shield the lawmakers or their staff from other types of inquiries, particularly from Congress. Republicans on Capitol Hill would still likely have wide leverage to probe the committee’s actions, as the House GOP did in the last session of Congress, seeking testimony and other materials from those involved.
Trump, meanwhile, promised to grant swift clemency to many of those involved in the violent and bloody Capitol riot, which injured roughly 140 law enforcement officers. “Everybody in this very large arena will be very happy with my decision,” he said at a Sunday rally.
Biden set the presidential record for most individual pardons and commutations issued. He announced Friday he would be commuting the sentences of almost 2,500 people convicted of nonviolent drug offenses. He previously announced he was commuting the sentences of 37 of the 40 people on federal death row, converting their punishments to life imprisonment just weeks before Trump, an outspoken proponent of expanding capital punishment, takes office. In his first term, Trump presided over an unprecedented spate of executions, 13, in a protracted timeline during the COVID pandemic.
Trump aides considered preemptive pardons for him and his supporters involved in his failed efforts to overturn the 2020 presidential election that culminated in the violent riot at the Capitol on Jan. 6, 2021. But Trump’s pardons didn’t materialize before he left office four years ago. Gerald Ford granted a “full, free, and absolute pardon” in 1974 to his predecessor, Richard Nixon, over the Watergate scandal.
President Biden on Monday pardoned his siblings and their spouses, saying his family had been “subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me — the worst kind of partisan politics.”
“Unfortunately, I have no reason to believe these attacks will end,” he said.
Biden issued blanket pardons for his brother James and his wife, Sara; his sister, Valerie, and her husband, John Owens; and his brother Francis. The pardon announcement came as Biden and others stood at the U.S. Capitol to see Trump inaugurated.
“The issuance of these pardons should not be mistaken as an acknowledgment that they engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense,” Biden said in a statement.
Long and Miller write for the Associated Press.
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