Uncharacteristic in presidential history, President Joe Biden has proactively offered pardons to key individuals potentially vulnerable to investigation under the upcoming administration. This move, executed on Monday, was primarily aimed at preventing the criminal indictments of some key critics of future President Donald Trump.
Included in this unique list of pardoned individuals are renowned figures such as retired Gen. Mark Milley, who previously served as the chairman of the Joint Chiefs of Staff; previous director of the National Institute of Allergy and Infectious Diseases, Anthony Fauci; and various legislators and aides from the House committee that led the inquiry into the Capitol attack on January 6, 2021.
Prominent lawmakers benefiting from this exception are former GOP Reps. Liz Cheney of Wyoming, Adam Kinzinger of Illinois; and Sen. Adam Schiff, D-Calif. In justifying this sweeping act, Biden articulated, ‘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.’
The specific act of issuing preemptive pardons, although rarely used, is officially defined as granting immunity to individuals before they are scrutinized for a criminal act. As defined by Rachel Barkow, a law professor at New York University, ‘In the federal system, one isn’t actually convicted until one is sentenced. Hence, the term [preemptive pardon] typically denotes a pardon extended before an individual has been convicted – or even prior to when they’ve been charged or investigated.’
This unusual tactic isn’t a novel concept, having been used in historical instances. Notably, President Abraham Lincoln granted similar pardons throughout the period of the Civil War.
One of the notable names on the list is retired Army Gen. Mark A. Milley. His service as the Chairman of the Joint Chiefs of Staff during the onset of Donald Trump’s term was frequently marked by tension. The rift between them became stark and undeniable after Trump stepped down from office.
Responding to the pardon, Gen. Milley expressed profound gratitude. He stated, ‘My family and I are deeply grateful for the President’s action today. After four decades of unwavering service to our Nation and maintaining our Constitutional integrity, I wish not to spend the remnant of my life battling against those who may unjustly seek payback for perceived offenses.’
Dr. Anthony Fauci, known for his significant role during the COVID-19 pandemic, also found himself under repeated scrutiny from Republican lawmakers. They have mostly opposed his advice for lockdowns and promotion of COVID-19 vaccines.
A particularly heated session over the COVID-19 response in June saw Republicans level severe allegations against the once director of the National Institute of Allergy and Infectious Diseases. These included accusations of supporting the Chinese government’s efforts to engender the virus, deliberate concealment of pandemic-related medical data, and fabricating U.S. guidelines. Fauci strenuously denied all these charges.
Congresswoman Marjorie Taylor Greene, a Republican from Georgia, became infamous during the aforementioned hearing when she declined to acknowledge Fauci’s title and insisted he ‘deserves to be in prison.’ Her antics warranted her dismissal from the hearing room.
Understandably, these confrontations have led to Fauci and his family being recipients of threats throughout the course of the pandemic, extending even to death threats. The proactive pardon granted by President Biden may provide Dr. Fauci a reprieve from some of these tribulations.