President Joe Biden issued preemptive pardons on Monday for individuals targeted by President-elect Donald Trump, including former Joint Chiefs of Staff Chairman Mark Milley, former White House medical advisor Dr. Anthony Fauci, and ex-Representative Liz Cheney.
The pardon covers lawmakers who served on the congressional panel investigating the Jan. 6, 2021, Capitol riot, as well as police officers who testified before the committee.
Biden, without mentioning Trump by name, defended the pardons as necessary to protect public servants from politically motivated retaliation.
“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 in a statement.
Trump, set to return to the presidency later Monday, has repeatedly called for the prosecution of political adversaries since his election win in November. He previously backed calls for the FBI to investigate Cheney for her role in the Jan. 6 investigation.
The U.S. Constitution grants the president broad pardon powers, which can extend to preemptively covering conduct not yet prosecuted.
Dr. Fauci, who clashed with Trump during the COVID-19 pandemic and has faced persistent attacks from Trump’s supporters, expressed gratitude for the pardon. “I appreciate the president’s efforts to protect me from baseless accusations. I have done nothing wrong, and this is no admission of guilt,” Fauci told Reuters.
Milley, who served as Trump’s top military advisor and has been the target of criticism from Trump and his allies, said in a statement that he was “deeply grateful” for Biden’s decision.
Trump previously accused Milley of treason for making post-Jan. 6 calls to reassure Chinese officials about U.S. stability. Trump described Milley’s actions as “egregious” and claimed such actions warranted the death penalty in the past.
Biden’s pardon includes all members of Congress and staff who served on the Jan. 6 committee, along with Washington, D.C., and Capitol police officers who testified during the investigation.
“I believe in the rule of law, and I am optimistic that our legal institutions will prevail over political divisions. However, these are exceptional circumstances, and I cannot in good conscience stand by and do nothing,” Biden said.
Biden praised Milley and Fauci as public servants who have defended democracy and saved lives. He described the Jan. 6 committee as fulfilling its mission with integrity.
The pardons drew swift criticism from Trump allies. Representative Marjorie Taylor Greene said on X (formerly Twitter) that the individuals were pardoned because “they are GUILTY OF CRIMES.”
The announcement follows Biden’s controversial December pardon of his son, Hunter Biden, who pleaded guilty to tax violations and was convicted on firearms-related charges. Hunter Biden, a recovering drug addict, has been a frequent target of Republican attacks.
