Biden Pardons For Cheney, Fauci, Others Could Backfire: Legal Expert

In a recent series of last-minute pardons designed to protect allies from potential retribution by President-elect Donald Trump, President Joe Biden extended clemency to a select group of individuals. However, this action presents challenges for the recipients.

Among those granted pardons were former Wyoming Republican congresswoman and co-chair of the Jan. 6 Committee, Liz Cheney, and Dr. Anthony Fauci. Biden’s aides indicated that this decision was made to preempt any acts of vengeance from Trump or his forthcoming administration.

Nevertheless, legal experts quickly noted that these pardons do not exempt either Cheney or Fauci from the obligation to testify under oath if they are subpoenaed. Federal litigation attorney Jesse Binnall emphasized that Biden’s pardons do not protect them from repercussions if they provide false testimony, particularly if the GOP-controlled Congress calls them to testify. He remarked that the pardons could be “great news” for those advocating for the prosecution of the two individuals.

“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,” Binnall stated on X, before making another pointed observation.

“Let’s be realistic. Most of these individuals would likely face charges in Washington, DC,

“Let’s be realistic. Most of these individuals would likely face charges in Washington, DC, which tends not to convict partisan leftists,” he added, having previously served as an attorney for President Donald Trump.

Other users on X proposed a potential remedy for the perceived liberal bias in Washington, DC, including retired U.S. Army officer, lawyer, and author Kurt Schlichter.

“This is key – the depositions and the actual testimony must take place outside of Washington DC. Washington DC is a biased venue that will not convict Democrats when they commit perjury. Accordingly, take this show on the road,” he suggested.

Additionally, those who received pardons on Sunday night included former Joint Chiefs of Staff Chairman and Army General Mark Milley, who had previously criticized Trump during his first term, along with all other members of the Jan. 6 Committee.

Trump specifically commented on Biden’s pardon of Cheney while signing executive orders in the Oval Office on Monday, amidst inauguration day activities.

“I intended to discuss the actions Joe took today regarding the pardons for individuals who were undeniably guilty of serious crimes, such as those involved in the unselect committee of political figures,” he stated to the gathered reporters, alluding to the January 6 panel.

“Why are we engaging in this? Why are we providing assistance to someone like Milley? Why are we supporting Liz Cheney?” he inquired. “I mean, Liz Cheney is a catastrophe. She’s a weeping lunatic, constantly crying.”

Former Arizona state legislature candidate Josh Barnett (R) elaborated in a detailed post on X that blanket presidential pardons do not automatically encompass every possible wrongdoing.

“A pardon generally offers forgiveness for a specific crime or group of crimes committed prior to the issuance of the pardon. However, if an individual is subsequently found guilty of treason after receiving a pardon for earlier offenses, that pardon does not apply to the new crime,” he remarked, possibly referencing Milley, who allegedly communicated with his Chinese counterpart during the final days of Trump’s first term, indicating he would “warn” him of any impending U.S. attack.

“A pardon only pertains to the offenses explicitly stated or implicitly understood to be included at the time it was granted. If treason is committed or uncovered after the pardon, it would not be shielded by that pardon,” he further explained.

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