President Joe Biden’s end-of-term pardons are making waves—not only for who received them, but for the potential legal and political consequences they may trigger.
In a move widely interpreted as a preemptive shield against a possible second term for Donald Trump, Biden granted clemency to several prominent figures. Among those pardoned were former Congresswoman Liz Cheney and former White House health advisor Dr. Anthony Fauci. White House aides say the decision was meant to protect these individuals from political retribution. But legal experts say the gesture might do more harm than good.
Federal attorney Jesse Binnall noted that while the pardons erase specific legal liability, they also remove the Fifth Amendment protection against self-incrimination. “Anyone who’s been pardoned can no longer plead the Fifth in court or before Congress,” Binnall said. “That means they’re now compelled to testify—and if they lie, they’re vulnerable to perjury charges.”
Some critics suggest this could actually benefit those hoping to hold the pardoned accountable. Others, like retired Army officer and legal commentator Kurt Schlichter, argue that justice still faces obstacles—specifically, the political leanings of juries in Washington, D.C.
“Trials and testimonies should happen outside of D.C.,” Schlichter posted online. “There’s no chance of a fair outcome there when it involves Democrats accused of wrongdoing.”
Also among those pardoned was former Joint Chiefs of Staff Chairman General Mark Milley, who publicly criticized Trump during his presidency. Critics have long accused Milley of controversial communications with Chinese military officials during Trump’s final days in office—allegations he has denied.
Former Arizona political candidate Josh Barnett added more nuance to the legal discussion, pointing out that presidential pardons only apply to crimes committed before the pardon is issued. “If someone commits or is later found guilty of treason or any other offense after receiving a pardon, that pardon offers no protection,” Barnett explained.
The broader implications of the pardons were a major topic during a recent interview with Donald Trump on Fox News. Speaking to Rachel Campos-Duffy, Trump said the pardons effectively block any future investigations into those involved in the January 6 Committee.
“They ran that committee for over a year, then destroyed the evidence when it didn’t fit their narrative,” Trump said. “And now they’re immune? It’s a disgrace.”
Trump took particular aim at Cheney and former Representative Adam Kinzinger, calling them “two of the worst Republicans in history,” and accused them of covering up their own failures while trying to pin blame on his administration.
The former president also referenced security failures on January 6, which he claims were the responsibility of then-House Speaker Nancy Pelosi. “Her own daughter recorded her admitting she was in charge of Capitol security,” he said. “But that never made the headlines.”
Trump closed by condemning what he described as widespread corruption in Washington. “They fabricated a crime, destroyed the records, and got away with it,” he said. “Now we can’t even hold them accountable because Biden gave them a free pass.”
