Biden pardons Fauci, Jan. 6 committee to protect against possible future prosecution

On his way out of office, President Joe Biden on Monday pardoned Dr. Anthony Fauci, retired Gen. Mark Milley and members of the House committee that investigated the Jan. 6 protest at the Capitol.

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

The pardons have been the subject of heated debate for months at the highest levels of the White House. It’s customary for a president to grant clemency at the end of his term, but those acts of mercy are usually offered to Americans who have been convicted of crimes.

Biden, a Democrat, has used the power in the broadest and most untested way possible: to pardon those who have not even been investigated. There is concern that future presidents could use the promise of a blanket pardon to encourage allies to take actions they might otherwise resist for fear of running afoul of the law.

It’s unclear whether those pardoned by Biden would need to apply for the clemency or accept the president’s offer. 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, adding that “Even when individuals have done nothing wrong, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.”

Fauci was director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health for nearly 40 years, including during Trump’s term in office, and later served as Biden’s chief medical adviser until his retirement in 2022. He helped coordinate the nation’s response to the COVID-19 pandemic. Fauci has since become a target of intense hatred and vitriol from people who blame him for mask mandates and controversy over vaccines.

“Despite the accomplishments that my colleagues and I achieved over my long career of public service, I have been the subject of politically-motivated threats of investigation and prosecution,” Fauci said in a statement. “There is absolutely no basis for these threats. Let me be perfectly clear: I have committed no crime.”

Milley, a former chairman of the Joint Chiefs of Staff, has called Donald Trump a fascist and detailed Trump’s conduct around the deadly Jan. 6 insurrection. He said he was grateful to Biden for a pardon.

Biden also extended pardons to members and staff who spent 18 months investigating the events of Jan. 6. It was led by Rep. Bennie Thompson, D-Miss., and Rep. Liz Cheney, a Wyoming Republican who later pledged to vote for Democrat Kamala Harris and campaigned with her against Trump. The committee’s final report found that Trump engaged in a “multi-part conspiracy” to overturn the results of the 2020 presidential election and failed to act to stop his supporters from attacking the Capitol.

Biden’s statement did not list the dozens of members and staff by name. Some did not know they were to receive pardons until it happened, according to a person familiar with the matter who spoke to The Associated Press on the condition of anonymity.

Biden has set the presidential record for most individual pardons and commutations issued. He also pardoned his son Hunter.



(AP Photo Alex Brandon)