Biden Pardons For Cheney, Fauci, Others Could Backfire: Legal Expert

In a last-minute move to shield certain individuals from potential retaliation by President-elect Donald Trump, President Joe Biden issued a limited number of pardons. However, the decision has sparked controversy and raised legal questions for its recipients.
Among those granted clemency were former Wyoming Republican congresswoman and Jan. 6 Committee co-chair Liz Cheney and Dr. Anthony Fauci. According to Biden’s aides, the pardons were designed to preempt any acts of retribution from Trump or his incoming administration.
Despite this, legal experts emphasized that the pardons do not exempt Cheney, Fauci, or others from testifying under oath if subpoenaed.
Federal litigation attorney Jesse Binnall explained that Biden's pardons would not protect recipients from the consequences of lying under oath during congressional, civil, or criminal proceedings. He characterized the pardons as potentially favorable for those seeking accountability.
“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 shared on X. He added, “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.”
Kurt Schlichter, a retired U.S. Army officer and attorney, suggested on X that testimony should occur outside Washington, DC, which he described as a biased venue. “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.
Others who received clemency Sunday night included former Joint Chiefs of Staff Chairman and Army Gen. Mark Milley, a critic of Trump during his first term, as well as all remaining members of the Jan. 6 Committee.
While signing executive orders in the Oval Office on Monday, Trump addressed the pardons, particularly criticizing the decision to pardon Cheney.
“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 told reporters, referring to the Jan. 6 panel.
“Why are we doing this? Why are we trying to help a guy like Milley? Why are we helping Liz Cheney?” he asked. “I mean, Liz Cheney is a disaster. She’s a crying lunatic and crying, crying.”
Trump on Why Biden Pardoned Liz Cheney:
— Chief Nerd (@TheChiefNerd) January 21, 2025
“Liz Cheney, she's a lunatic … Why would Biden do that? He pardoned her and pardoned everybody. The reason is that they destroyed documents. And if you're even in a civil case, which this wouldn't be, people go to jail for a long time for… pic.twitter.com/dsvCHlToin
Former Arizona state legislature candidate Josh Barnett (R) added nuance to the discussion of presidential pardons. In a detailed post on X, he explained that such pardons typically apply to specific offenses committed prior to the pardon being issued.
“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, seemingly alluding to Milley. Milley allegedly contacted his Chinese counterpart during Trump’s first term and promised to “warn” him of any U.S. military action.
Barnett continued, “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.”