On Monday (Jan. 20), President Joe Biden issued “preemptive” pardons for Gen. Mark Milley, Dr. Anthony Fauci and lawmakers who served on the committee investigating the Jan. 6 Capitol riots. The decision, executed in the final hours of Biden’s term, aims to protect these figures from potential retaliation by his successor, Donald Trump. According to CNN, former Republican Rep. Liz Cheney, a staunch critic of the incoming head of state, was also among those granted clemency.
“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,” Biden wrote in a White House press release. “Baseless and politically motivated investigations wreak havoc on the lives, safety and financial security of targeted individuals and their families. 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, who directed the National Institute of Allergy and Infectious Diseases for decades, became a divisive figure during the COVID-19 pandemic under Trump’s administration. Milley, the former chairman of the Joint Chiefs of Staff, openly spoke out about Trump’s authoritarian tendencies. Since the deadly Jan. 6 insurrection, Trump repeatedly targeted Cheney and other critics in public speeches and on social media.
Despite the controversies, Biden made it clear that his final hour act did not imply any misconduct. “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,” he expressed. “Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”
This extraordinary act of executive power is without historical precedent. Unlike Gerald Ford’s pardon of Richard Nixon, which addressed an imminent legal threat, none of Biden’s recipients were actively facing prosecution. CNN added that the announcement caught some lawmakers who served on the Jan. 6 committee off guard.