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By Michael D. Carroll and Sophie Clark
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President Joe Biden has issued preemptive pardons to Dr. Anthony Fauci, General Mark A. Milley, and members of the House committee that investigated the January 6 attack on the U.S. Capitol.
In one of his final acts as president, Biden warned that these officials had been subject to "intimidation" and "threatened with criminal prosecutions." The move will make it harder, if not impossible, for Donald Trump's administration to prosecute them.
Biden stressed that issuing the pardons should not be "mistaken as an acknowledgement that any individual engaged in any wrongdoing" or that acceptance of them should be "misconstrued as an admission of guilt for any offense."
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Announcing his decision on Monday, Biden wrote in a letter: "Our nation relies on dedicated, selfless public servants every day. They are the lifeblood of our democracy. Yet alarmingly, public servants have been subjected to ongoing threats and intimidation for faithfully discharging their duties.
"In certain cases, some have even been threatened with criminal prosecutions, including General Mark A. Milley, Dr. Anthony Fauci, and members and staff of the Select Committee to investigate the January 6th attack on the United States Capitol."
He added: "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."
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Why It Matters
Presidential pardons are normally granted to civilians who have been convicted of crimes.
Biden is instead using his powers as a protective shield for individuals he feels may be subject to "politically motivated" attacks by the Trump administration.
This is one of the most untested ways that presidential clemency powers have been exercised in the U.S.
What To Know
Trump, who will be inaugurated on Monday, has repeatedly threatened to take revenge against a number of his political enemies when he returns to the White House.
He has previously warned of an "enemies list" filled with those who have crossed him politically or sought to hold him accountable for his attempt to overturn his 2020 election loss.
Among the individuals receiving preemptive pardons is Gen. Milley, a former chairman of the Joint Chiefs of Staff, who reportedly called Trump a fascist and detailed Trump's conduct around the January 6, 2021 insurrection.
Commenting on Gen. Milley, Biden wrote on Monday: "General Milley served our nation for more than 40 years, serving in multiple command and leadership posts and deploying to some of the most dangerous parts of the world to protect and defend democracy. As Chairman of the Joint Chiefs of Staff, he guided our Armed Forces through complex global security threats and strengthened our existing alliances while forging new ones."
Biden is also extending preemptive pardons to members and staff of the Jan. 6 House committee, including former representatives Liz Cheney and Adam Kinzinger, along with U.S. Capitol and D.C. Metropolitan police officers who testified before the committee.
Trump said in an NBC interview in December that Cheney and other members of the Jan. 6 committee should "go to jail."
"Cheney did something that's inexcusable, along with Thompson and the people on the un-select committee of political thugs and, you know, creeps... they deleted and destroyed all evidence," he said.
Meanwhile, Fauci was director of the National Institute of Allergy and Infectious Diseases for nearly 40 years and was Biden's chief medical adviser until his retirement in 2022.
He helped coordinate the nation's response to the COVID-19 pandemic and faced sharp criticism from Trump when he refused to back his unfounded claims. He has become a target of intense hatred from people on the right, who blame him for mask mandates and other policies they believe infringed on their rights.
Commenting on Fauci, Biden said: "For more than half a century, Dr Fauci served our country. He saved countless lives by managing the government's response to pressing health crises, including HIV/AIDS, as well as the Ebola and Zika viruses. During his tenure as my Chief Medical Advisor, he helped the country tackle a once-in-a-century pandemic. The United Sates is safer and healthier because of him."
What People Are Saying
President Biden wrote in his letter on Monday: "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.
"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."
Dr. Fauci said he was "very appreciative" of the preemptive pardon. "As (Biden) said, we did nothing wrong, but the baseless accusations and threats are real for me and my family," he said, according to CNN.
Gen. Milley said he and his family were "deeply grateful" for Biden's action. "After forty-three years of faithful service in uniform to our nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights," Milley told CNN.
"I do not want to put my family, my friends, and those with whom I served through the resulting distraction, expense, and anxiety."
What Happens Now
It remains to be seen whether all the pardons will be accepted.
Bennie Thompson, the former chairman of the January 6 committee, said previously that he would accept a pardon. However, Pete Aguilar said a preemptive pardon was unnecessary because the committee did nothing wrong.
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