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

In a dramatic finale to his presidency, Joe Biden issued a wave of last-minute pardons aimed at shielding key allies, including former Republican Congresswoman Liz Cheney and Dr. Anthony Fauci, from potential political reprisals under the incoming Trump administration. While widely viewed as a strategic move to protect figures targeted by GOP scrutiny, the pardons have sparked debate over their limitations and legal implications.
A Preemptive Shield, but with Caveats
Biden’s pardons also covered former Joint Chiefs of Staff Chairman Gen. Mark Milley and members of the January 6 Committee. However, legal experts and critics quickly noted that the pardons come with significant restrictions. Recipients may still be required to testify under oath if subpoenaed by a Republican-controlled Congress, and the pardons do not extend to new or undisclosed offenses.
Legal commentator Jesse Binnall argued that the pardons could actually increase accountability. “The pardons are actually great news,” Binnall wrote 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 that ensuring impartial proceedings, particularly outside Washington, D.C., would be critical, citing the capital’s perceived liberal bias.
This sentiment was echoed by retired U.S. Army officer and lawyer Kurt Schlichter, who suggested relocating depositions and testimonies to venues beyond D.C. to mitigate alleged political partiality. “Fairness demands neutral grounds for such proceedings,” Schlichter remarked.
Trump Fires Back
Donald Trump wasted no time responding. On his inaugural day in office, he took aim at Liz Cheney in particular, calling her “a disaster” and “very, very guilty of bad crimes.” The former president’s comments underscored his continued animosity toward Cheney, who has been one of his most outspoken Republican critics.
Legal Experts Highlight the Limits of Pardons
Presidential pardons, while powerful, are not without constraints. Former Arizona legislative candidate Josh Barnett took to X to outline their scope, emphasizing that pardons typically cover specific offenses committed prior to their issuance. Barnett noted that any new charges, such as treason, would not be protected under Biden’s pardons.
“A pardon grants forgiveness for a specific offense or set of offenses committed before it is issued,” Barnett explained. “If someone is found guilty of treason or other crimes after the pardon, it won’t apply to those charges.”
The Milley Controversy
Gen. Mark Milley’s inclusion in Biden’s pardons has drawn particular attention. Milley, who faced criticism from Trump over reports that he contacted his Chinese counterpart during the waning days of Trump’s first term, has been accused by some conservatives of undermining national security. Critics argue that while the pardon may shield Milley from certain actions, it does not cover allegations of treason, should those claims gain traction.
A Polarized Legacy
Biden’s parting actions as president highlight the deep polarization in American politics, with both parties bracing for further clashes over accountability and governance. The pardons, far from easing tensions, have set the stage for heightened legal and political battles in the months ahead.
As the nation watches these developments unfold, one thing is certain: Biden’s final presidential act has ensured that the controversies surrounding his administration will continue to influence the political landscape well into Trump’s second term.