US President Joe Biden has used his power to pardon in the broadest and most untested way possible: to forgive those who have not even been investigated yet.
Biden has issued preemptive pardons for former chairman of the Joint Chiefs of Staff Mark Milley and former White House chief medical adviser Anthony Fauci, using the extraordinary powers of his office in his final hours and minutes as president to guard against potential “revenge” by the incoming administration of Donald Trump, as well as for members of his family.
The pardon also covers all politicians who served on the congressional select committee that investigated the 6 January 2021 storming of the Capitol by Trump supporters, and police officers who testified before it.
Trump, who returned to the presidency on Tuesday, has called for the punishment of his perceived enemies since winning the White House in November.
Biden praised public servants as the “lifeblood of our democracy”.
‘Unjustified and politically motivated’
Without mentioning Trump, he expressed alarm in a statement that some of them were subjected to threats and intimidation for doing their job.
“These public servants have served our nation with honour and distinction and do not deserve to be the targets of unjustified and politically motivated prosecutions,” Biden said.
“Rather than accept accountability, those who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain and seek revenge, including by threatening criminal prosecutions.”
In December, Trump backed a call for the Federal Bureau of Investigation to investigate fellow Republican Liz Cheney over her role in leading Congress’ investigation of the 6 January 2021 riots at the US Capitol.
Fauci often clashed with Trump during the COVID-19 pandemic and his supporters and libertarians have continued to criticise the former senior health official, who they blame for mask mandates and other policies they believe infringed on people’s rights.
Milley was quoted in the book War by Bob Woodward, which was published last month, calling Trump “fascist to the core”.
Anthony Fauci welcomed the pardon but said: “I have committed no crime.” Credit: Getty
‘Worst kind of partisan politics’
Just before he handed over the office to Trump, Biden also pardoned five members of his family, saying he wanted to protect them from politically motivated investigations.
He pardoned his siblings — James Biden, Frank Biden and Valerie Biden Owens — as well as their spouses, John Owens and Sara Biden.
“My family has been subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me — the worst kind of partisan politics,” Biden said.
“Unfortunately, I have no reason to believe these attacks will end.”
It is customary for a president to grant clemency at the end of his term but those acts of mercy are usually offered to everyday citizens who have been convicted of crimes.
But Biden has used the power in the broadest and most untested way possible — laying the groundwork for an even more expansive use of pardons by Trump and future presidents.
It is unclear whether those pardoned by Biden would need to apply for the clemency or even accept the offer at all.
Any acceptance could be seen as 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.
“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.”
