Biden issues preemptive pardons to Milley, Fauci and Jan. 6 committee members

CNN
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President Joe Biden on Monday issued preemptive pardons to General Mark Milley, Dr. Anthony Fauci and members of Congress who served on the committee that investigated the attack on the Capitol on January 6, 2021, using extraordinary executive powers as a shield against retaliation by him. future successor, Donald Trump.

The pardons, coming in the final hours of Biden’s presidency, amount to an astonishing flex of presidential power that is unprecedented in recent presidential history. They serve to protect several outspoken critics of the incoming president, including former Republican Rep. Liz Cheney, whom Trump has promised retaliation against.

“These are unusual circumstances and I cannot in good conscience do anything,” Biden wrote in a statement issued hours before he was due to welcome Trump to the White House for tea before attending his swearing-in. “Baseless and politically motivated investigations cause destruction of life, safety and financial security of targeted individuals and their families.”

Biden had considered issuing pardons in the waning days of his presidency, worried that Trump would take office and immediately seek to prosecute his opponents. In his statement, he clarified his reasoning, saying “alarmingly, public servants have been subjected to persistent threats and intimidation to faithfully perform their duties.”

The recipients of Biden’s pardons have all faced intense criticism from Trump and his allies.

Fauci served as director of the National Institute of Allergy and Infection Disease for decades, including during the outbreak of Covid in Trump’s first presidency, and Milley served as chairman of the Joint Chiefs of Staff during Trump’s first term and has warned Trump is a fascist.

Biden noted in his statement that the pardons did not indicate guilt.

“The issuance of these pardons should not be mistaken for an admission that a person has committed any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. Our nation owes these public servants a debt of gratitude for their tireless commitment in our country,” he wrote.

In a statement to CNN, 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 the remaining time the Lord gives me fighting those who may unjustly seek retribution for perceived slights,” Milley said. “I do not want to put my family, my friends and those with whom I served through the resulting distraction, expense and anxiety.”

Some of those who were issued last-minute pardons did not get a heads up, a person familiar with the matter told CNN.

Earlier this month, the president told reporters that one factor weighing on his decision is whether Trump telegraphed any of his intentions about possible prosecution of his political opponents in the days leading up to his inauguration.

“It depends on some of the language and the expectations that Trump is putting out in the last couple of days here as to what he’s going to do,” the president said when asked what pardons and commutes he’s considering.

“The idea that he would punish people for not following what he thinks should be policy as it relates to his well-being is outrageous,” Biden said. “But there is still consideration for some people, but no decision.”

In an interview with USA Today, Biden said he told Trump during their Oval Office meeting shortly after the president-elect’s victory in November that “there was no need and it was counterintuitive to his interest to go back and try to decide results.”

Former Republican Rep. Adam Kinzinger and California Democratic Sen. Adam Schiff have said they don’t want preemptive pardons.

CNN’s Kaitlan Collins and Pamela Brown contributed to this report.

This story has been updated with additional reporting and reaction.