Joe Biden issued sweeping, preemptive pardons for the likes of Anthony Fauci, Mark Milley, and the Select Committee to Investigate the January 6th Attack ahead of Donald J. Trump’s inauguration on January 20. “I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately prevail over politics. But these are exceptional circumstances, and I cannot in good conscience do nothing,” the 82-year-old said in a statement. Donald Trump Jr., speaking for many critics of the move, responded, “If you ever say ‘I believe in the rule of law… BUT’ you don’t actually believe in the rule of law.”
Fauci‘s handling of the COVID-19 response has been criticized for its inconsistencies, overreach, and potential suppression of alternative scientific viewpoints. The former Director of the National Institute of Allergy and Infectious Diseases (NIAID) and Chief Medical Advisor to President Biden is also criticized for being dishonest about his funding of so-called gain-of-function research, which may have played a role in starting the pandemic. However, if Biden’s preemptive pardon stands up to legal scrutiny, he has effectively sidestepped any future legal repercussions for his decisions.
Similarly, General Milley’s pardon is calculated to protect him from consequences for his actions during the tumultuous January 6 Capitol protests in 2021. Milley faces particular scrutiny for allegedly overstepping his authority by contacting General Li Zuocheng of the People’s Liberation Army the day after the demonstrations to assure him “Everything’s fine, but democracy can be sloppy sometimes,” and that if American forces were to strike, he would “call you ahead of time; it’s not going to be a surprise.”
Biden’s pardons for Liz Cheney and the rest of the January 6 Committee are particularly contentious. The committee has been accused of partisanship and ignoring, downplaying, or even hiding evidence that might exonerate Trump and his supporters. Most recently, a House report accused Liz Cheney of unlawful witness tampering.
Biden’s tenure closed with a record number of pardons and commutations. Recently, he had commuted the sentences of nearly 2,500 nonviolent drug offenders and commuted sentences for 37 federal death row killers.
Our nation relies on dedicated, selfless public servants every day. They are the lifeblood of our democracy.
Yet alarmingly, public servants have been subjected to ongoing threats and intimidation for faithfully discharging their duties.
In certain cases, some have even been…
— President Biden (@POTUS) January 20, 2025
Official White House Photo by Erin Scott.