Biden pardons Fauci, Cheney and others to protect himself from Trump inquiries

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WASHINGTON ― President Joe Biden on Monday issued a blanket preemptive pardon to potential targets of President-elect Donald Trump in an unprecedented move to shield some of the president-elect’s top foes from prosecution.

Those pardons issued include retired Gen. Mark Milley, the former chairman of the Joint Chiefs of Staff; Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases; and the lawmakers and staff of the House committee investigating the Capitol attack on January 6, 2021. Those lawmakers include former GOP Reps. Liz Cheney of Wyoming, Adam Kinzinger of Illinois; and Sen. Adam Schiff, D-Calif.

“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 had called Milley a traitor. He criticized Fauci for the national response to the COVID-19 pandemic. And he said members of the Jan. 6 committee should be jailed to investigate him, calling him the central cause of the riot at the Capitol that injured 140 police officers and temporarily halted the counting of Electoral College votes.

None of these people have been charged with crimes, but they were believed to be among the targets as Trump promises “retribution” in his second term for his political enemies.

“Baseless and politically motivated investigations are causing destruction to the lives, safety and financial security of targeted individuals and their families,” Biden said. “Even when individuals have done nothing wrong – and have in fact done the right thing – and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.”

The blanket pardons follow Biden’s broadly worded pardon in December of Hunter Biden, which was done not only to exonerate his son from existing gun and tax crimes, but to protect him from potential future charges by Trump’s Justice Department.

Discussions between Biden and top White House officials about preemptive pardons have been going on for weeks. Some Democrats, including Sen. Ed Markey, D-Mass., pushed for the action — alarmed both by Trump’s repeated past threats to prosecute his political enemies and his recent selection of longtime ally Kash Patel to replace Christopher Wray as director of the Federal Bureau of Investigation of investigation.

They note that anyone facing an FBI investigation or federal indictment may be forced to spend significant time and money defending themselves, and where the risk of prison time is real in the event of a conviction.

Still, prior pardons for people who have not been charged with any crimes raise several legal concerns, legal experts have said. Accepting a pardon carries with it the implication of accepting guilt. Others have warned that the actions could set a new precedent for pardons, opening the door for Trump to take similar actions.