In a round of last-minute pardons aimed at shielding allies from potential reprisals by President-elect Donald Trump, President Joe Biden granted clemency to a select group of individuals—but the move is not without complications for the recipients.
Former Wyoming Republican congresswoman and Jan. 6 Committee co-chair Liz Cheney and Dr. Anthony Fauci were among the limited list of pardon recipients, a gesture Biden’s aides say was intended to preempt acts of vengeance by Trump or his incoming administration.
However, legal experts were quick to point out that the pardons would not exempt either individual from having to testify under oath if subpoenaed.
Federal litigation attorney Jesse Binnall pointed out that Biden’s pardons do not shield Cheney Fauci from consequences if they lie under oath, should the GOP-controlled Congress subpoena them to testify. In his words, the pardons could be “great news” for anyone seeking to see the two prosecuted.
While the pardons may provide a layer of protection for Cheney and Fauci from potential legal repercussions related to their actions during the Trump administration, they do not grant them immunity from facing consequences if they are found to have committed perjury while testifying under oath.
The decision to grant these pardons has sparked debate among legal scholars and political analysts, with some questioning the timing and motivations behind Biden’s actions. Critics argue that the pardons could be seen as an attempt to shield Cheney and Fauci from accountability for their roles in controversial decisions made during the Trump era.
On the other hand, supporters of the pardons argue that they are necessary to protect individuals who may be targeted for retribution by the incoming administration. In the case of Cheney, her vocal criticism of Trump and his allies has made her a target for retaliation, while Fauci has faced threats and harassment for his role in advising on the COVID-19 pandemic response.
Despite the potential legal implications of the pardons, Cheney and Fauci have expressed gratitude for the gesture of clemency from the Biden administration. Both have stated that they are committed to cooperating with any investigations or inquiries that may arise, regardless of the protections provided by the pardons.
As the political landscape continues to shift in the aftermath of the Trump presidency, the pardons granted by Biden to Cheney and Fauci serve as a reminder of the complex and often contentious nature of executive clemency. While they may provide temporary relief for the recipients, the ultimate impact of these actions remains to be seen as investigations and legal proceedings unfold.
