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In a move that has sparked outrage among conservatives, President Joe Biden issued a series of last-minute pardons to several high-profile figures closely tied to contentious events during his administration. Among those granted clemency were former Wyoming congresswoman and January 6th Committee co-chair Liz Cheney and former NIAID Director Dr. Anthony Fauci. The pardons, described by Biden aides as a preemptive measure to shield allies from potential actions by President-elect Donald Trump, have ignited fierce criticism.
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Legal experts were quick to note that these pardons while granting immunity from prosecution for past actions, do not absolve the recipients of the obligation to testify under oath if subpoenaed. Federal litigation attorney Jesse Binnall highlighted that the pardons remove the ability to invoke the Fifth Amendment in future proceedings, a development he argued could expose the pardoned individuals to further legal scrutiny.
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Binnall stated that the pardons are actually great news emphasizing that Cheney and Fauci could now face consequences if they provided false testimony. He added that convictions in Washington, D.C., which he described as a biased venue, remain unlikely due to perceived partisan leanings.
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Others, including retired U.S. Army officer and legal commentator Kurt Schlichter, proposed relocating potential legal proceedings outside the nation’s capital to ensure impartiality. “The depositions and testimony must take place outside Washington, D.C.,” Schlichter argued, citing concerns over liberal bias within the district.
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The clemency list extended to other prominent figures, including former Joint Chiefs of Staff Chairman Gen. Mark Milley, who had been criticized for actions during Trump’s first term. Milley’s inclusion, along with the entirety of the January 6th Committee, further inflamed tensions within conservative circles.
Former President Trump addressed the pardons during a press appearance on Monday, condemning Biden’s decision to absolve individuals he described as “very guilty of very bad crimes.” Trump specifically called out Liz Cheney, referring to her as a “crying lunatic” and questioning why figures like Milley and Cheney were being protected.
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Critics of the pardons argue that Biden’s actions reflect a deliberate effort to shield allies from accountability while reinforcing the perception of a double standard in justice. Former Arizona state legislature candidate Josh Barnett (R) pointed out that presidential pardons typically cover specific offenses and do not extend to future actions or crimes not explicitly mentioned. He further suggested that Milley’s controversial communication with Chinese officials during Trump’s term could raise questions about treason, a charge that would fall outside the scope of the pardon.
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Republican leaders have vowed to continue investigating what they view as abuses of power and to challenge the narrative surrounding these high-profile figures. The fallout from Biden’s pardons is likely to remain a focal point in the political landscape as Trump prepares to take office once more.