Biden Pardons For Cheney, Fauci, Others Could Backfire: Legal Expert
In a controversial move, former President Joe Biden issued a series of targeted pardons, aimed at protecting certain allies from potential retaliation under a future Donald Trump presidency. However, the implications of these clemency orders are proving to be anything but straightforward.
Among those granted pardons were Liz Cheney, the former Republican congresswoman from Wyoming who co-chaired the January 6 Committee, and Dr. Anthony Fauci. According to Biden’s advisors, these pardons were meant as a safeguard against possible retribution by Trump or his administration should he return to office.
Yet legal analysts were quick to note that the pardons do not exempt recipients from testifying under subpoena.
Attorney Jesse Binnall, a federal litigator with ties to Trump, emphasized that Biden’s actions do not offer full legal insulation. "The pardons are actually great news," Binnall posted on X (formerly Twitter). "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." He added, “Most of these disgusting individuals would probably have to be charged in Washington, DC, which doesn’t convict partisan leftists.”
Others echoed his sentiments. Retired Army officer, attorney, and author Kurt Schlichter wrote on X, “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.”
Also included in the round of pardons was former Chairman of the Joint Chiefs of Staff, Gen. Mark Milley, who became a vocal critic of Trump during his time in office. Members of the January 6 Committee reportedly received clemency as well.
Josh Barnett, a former Arizona legislative candidate, took to X to clarify what he sees as a common misconception: that presidential pardons offer blanket protection. “A pardon typically grants forgiveness for a specific offense or set of offenses committed before the pardon was issued,” Barnett explained. “If someone is found guilty of treason after receiving a pardon for previous crimes, the pardon does not extend to this new offense.” He added, “A pardon only covers the crimes explicitly mentioned or implicitly understood to be covered… If the treason was committed or discovered after the pardon, it would not be protected by that pardon.”
Former President Trump addressed the situation in a Fox News interview with Rachel Campos-Duffy, expressing frustration over what he called a shield for political adversaries.
“I can’t even go after” those involved in the January 6 investigation due to Biden’s pardons, Trump said. He criticized the committee, calling them “political thugs” and labeling Republicans Liz Cheney and Adam Kinzinger “two of the worst Republicans in history.”
Trump alleged that after the committee’s lengthy investigation, “they destroyed every piece of evidence they had because it came out totally on our side.” He accused then-Speaker Nancy Pelosi of failing in her duty regarding Capitol security, referencing footage from her daughter as proof: “She proclaimed it on her daughter’s tape.”
Trump lamented that “Biden gave them all a pardon,” referencing members of Congress. He continued, “These are people that are in Congress, not respected members, but they’re in Congress.” He also mocked testimony involving claims he tried to wrest control of a vehicle from Secret Service agents, sarcastically quoting others who told him, “don’t ever change. It’s so cool.” He responded, “No, I just want the truth.”
He concluded his remarks with a broader critique of what he sees as systemic corruption: “Now, these—we’re dealing with, with very corrupt people. We have a lot of corrupt people in our government.”