Biden has issued preemptive pardons for Gen. Mark Milley, Dr. Anthony Fauci, and members of Congress who served on the committee investigating January 6, 2021.
“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden stated in a written announcement. He explained that his decision was motivated by concerns that Trump might swiftly pursue legal action against his “political adversaries” upon taking office, emphasizing that the pardons were not an acknowledgment of guilt.
“The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in wrongdoing, nor should acceptance be misconstrued as an admission of guilt,” Biden wrote.
This sweeping use of preemptive pardons is without precedent in U.S. presidential history. Unlike the pardon issued by President Gerald Ford to Richard Nixon—who faced imminent legal jeopardy—none of Biden’s recipients appeared to be under immediate legal threat.
In a statement, Milley expressed gratitude, saying, “After forty-three years of faithful service in uniform to our nation, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights.”
Fauci described the pardon as unnecessary but welcomed, noting, “Baseless accusations and threats are real for me and my family.”
Jesse Binnall, a private attorney for Trump, suggested that pardons could compel testimony from recipients who could no longer invoke the Fifth Amendment. The pardons do not shield individuals from congressional investigations or other inquiries, such as tax-related probes.
