President Joe Biden has pardoned Dr. Anthony Fauci, retired Gen. Mark Milley and members of the House committee that investigated the Jan. 6 attack on the Capitol, using the extraordinary powers of his office in his final hours to guard against potential “revenge” by the incoming Trump administration.
The decision by Biden comes after Donald Trump 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 and his role in the storming of the U.S. Capitol on Jan. 6, 2021. Trump has selected Cabinet nominees who backed his election lies and who have pledged to punish those involved in efforts to investigate him.
“The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense,” Biden said in a statement. “Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”
It’s customary for a president to grant clemency at the end of his term, but those acts of mercy are usually offered to everyday Americans who have been convicted of crimes. But Biden has used the power in the broadest and most untested way possible: to pardon those who have not even been investigated yet. And with the acceptance comes a tacit admission of guilt or wrongdoing, even though those who have been pardoned have not been formally accused of any crimes.
“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden said, adding that “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.”
Fauci was director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health 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 raised the ire of Trump during that time. He has become a target of intense hatred and vitriol from people on the right, who blame him for mask mandates and other policies they believe infringed on their rights, even as tens of thousands of Americans were dying.
Mark Milley is the former chairman of the Joint Chiefs of Staff and called Trump a fascist and detailed Trump’s conduct around the deadly Jan. 6, 2021, insurrection.
Biden is also extending pardons to members and staff of the Jan. 6 committee, including former Reps. Liz Cheney and Adam Kinzinger, both Republicans, as well as the U.S. Capitol and D.C. Metropolitan police officers who testified before the committee.
Biden, an institutionalist, has promised a smooth transition to the next administration, inviting Trump to the White House and saying that the nation will be OK, even as he warned during his farewell address of a growing oligarchy. He has spent years warning that Trump’s ascension to the presidency again would be a threat to democracy. His decision to break with political norms with the preemptive pardons was brought on by those concerns.
Biden has set the presidential record for most individual pardons and commutations issued; he announced on Friday he would commuting the sentences of almost 2,500 people convicted of nonviolent drug offenses. He previously announced he was commuting the sentences of 37 of the 40 people on federal death row, converting their punishments to life imprisonment just weeks before Trump, an outspoken proponent of expanding capital punishment, takes office. In his first term, Trump presided over an unprecedented spate of executions, 13, in a protracted timeline during the coronavirus pandemic.
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