WASHINGTON, USA — In a historic and unprecedented move, President Joe Biden issued a series of preemptive pardons on Monday, January 20, 2025, shielding several prominent critics of President-elect Donald Trump and members of his own family from potential future prosecutions.
The pardons, issued during Biden’s final hours in office, underscore his concerns over retribution from his successor.
Among those pardoned were former Chairman of the Joint Chiefs of Staff Gen. Mark Milley, former National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci, Liz Cheney, and several members of Congress who served on the House committee investigating the January 6, 2021, attack on the Capitol.
Biden also extended clemency to his brothers James and Frank, his sister Valerie, and their respective spouses.
Unprecedented Use of Clemency
This sweeping use of executive clemency marks a dramatic flex of presidential power, with Biden citing the need to protect public servants and family members from “politically motivated” investigations and reprisals.
“My family has been subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me—the worst kind of partisan politics. Unfortunately, I have no reason to believe these attacks will end,” Biden said in a statement released during Trump’s inauguration ceremony.
The preemptive pardons, which protect against federal criminal prosecution, come amid Trump’s vows to appoint a special prosecutor to investigate Biden and his family.
Safeguarding Critics of Trump
The pardons extended to outspoken Trump critics, including former Rep. Liz Cheney, who faced backlash for her role on the January 6 committee.
Milley, who had criticised Trump’s leadership, expressed gratitude for the clemency.
“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,” Milley said in a statement.
Dr. Fauci, a frequent target of Trump’s allies during the COVID-19 pandemic, also welcomed the decision.
“As [Biden] said, we did nothing wrong, but the baseless accusations and threats are real for me and my family,” Fauci said.
Protection, Not Admission
Biden emphasised in his statement that the pardons should not be interpreted as admissions of guilt.
“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,” he wrote.
Despite these assurances, the pardons have drawn sharp criticism.
Taylor Budowich, Trump’s incoming deputy chief of staff, condemned the move as “the greatest attack on America’s justice system in history,” calling it a “dangerous and unreversible erosion of American norms.”
Fallout and Implications
Biden’s decision has raised concerns about the precedent it sets for future administrations.
Critics argue that such expansive use of clemency could normalise preemptive pardons as a tool for shielding political allies and family members.
Former Department of Justice officials noted that while the pardons provide federal immunity, they do not protect against state-level prosecutions, tax inquiries, or congressional investigations.
Additionally, recipients of the pardons may now be compelled to testify in legal or congressional proceedings, as they can no longer invoke the Fifth Amendment’s protection against self-incrimination.
Jesse Binnall, a private attorney working on Trump-related lawsuits, remarked on social media, “The pardons are actually great news. No one who was just pardoned will be able to refuse to testify in a civil, criminal, or congressional proceeding based upon the 5th Amendment.”
A Calculated Decision
Biden’s aides indicated that the president had been weighing the pardons for days, ultimately concluding that the need for protection outweighed the potential implications of guilt.
“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden wrote, citing ongoing threats against public servants.
As Biden departs the presidency, his unprecedented actions leave a complex legacy that will shape political and legal discourse in the years to come.
