In the final hours of his presidency, US President Joe Biden has issued preemptive pardons for Gen. Mark Milley, Dr. Anthony Fauci and members of Congress who served on the committee investigating the January 6, 2021, attack on the Capitol.

Biden is using the extraordinary executive prerogative as a shield against revenge by his incoming successor, Donald Trump.

The pardons serve to protect several outspoken critics of the incoming President, including former Republican Rep. Liz Cheney, whom Trump has vowed retribution against.

In a statement, issued hours before he was set to welcome Trump to the White House for tea before attending his swearing-in, Biden noted, “These are exceptional circumstances, and I cannot in good conscience do nothing.”

“Baseless and politically motivated investigations wreak havoc on the lives, safety and financial security of targeted individuals and their families.”
Joe Biden

Biden had been weighing issuing the pardons in the waning days of his presidency, concerned Trump would enter office and immediately seek to prosecute his adversaries.

In his statement, he spelled out his rationale, saying “alarmingly, public servants have been subjected to ongoing threats and intimidation for faithfully discharging their duties.”

The recipients of Biden’s pardons have all faced intense criticism from Trump and his allies.

Fauci served as Director of the National Institute of Allergy and Infection Disease for decades, including during the outbreak of COVID in Trump’s first presidency, and Milley served as Chairman of the Joint Chiefs of Staff during Trump’s first term.

Biden, in his statement, noted that the pardons did not denote 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.

“Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”
Joe Biden

In a statement to a news agency, Milley said that he and his family were “deeply grateful” for Biden’s action.

“After forty-three years of faithful service in uniform to our nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights.

“I do not want to put my family, my friends, and those with whom I served through the resulting distraction, expense, and anxiety.”
Mark Milley

Fauci added that he was “very appreciative” of the preemptive pardon, though he didn’t ask for it. “As (Biden) said, we did nothing wrong, but the baseless accusations and threats are real for me and my family,” Fauci said.

Former Capitol Hill police officer, Harry Dunna also expressed his thanks to Biden for the decision.

“I am eternally grateful to President Joe Biden, not just for this preemptive pardon, but for his leadership and service to this nation, especially over the last four years. I wish this pardon weren’t necessary, but unfortunately, the political climate we are in now has made the need for one somewhat of a reality. I, like all of the other public servants, was just doing my job and upholding my oath, and I will always honor that.”
Harry Dunna

Binnall Calls Pardons Great News

Jesse Binnall, one of Trump’s primary private attorneys working on lawsuits related to January 6, was happy about the pardons.

“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.”
Jesse Binnall

The pardons also won’t protect those who received them from congressional investigation, or other types of investigation, such as tax inquiry, if those were to arise.

The pardons would only protect them from federal criminal charges.