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

Former President Joe Biden issued clemency to a select group of individuals through a series of last-minute pardons designed to protect allies from possible retribution by President Donald Trump, though this action presents challenges for the recipients.

Among the few individuals granted pardons were former Wyoming Republican congresswoman and Jan. 6 Committee co-chair Liz Cheney, as well as Dr. Anthony Fauci. Biden’s aides indicated that this gesture was meant to forestall any acts of revenge from Trump or his administration. Nevertheless, legal experts quickly noted that these pardons do not exempt either individual from the obligation to testify under oath if they are subpoenaed.

Federal litigation attorney Jesse Binnall emphasized that Biden’s pardons do not protect Cheney and Fauci from repercussions if they provide false testimony under oath, particularly if the GOP-controlled Congress calls them to testify.

He remarked that the pardons could be seen as beneficial for those wishing to see the two prosecuted. Binnall stated, ‘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.’ He further added, ‘Let’s be realistic. Most of these individuals would likely face charges in Washington, DC, which tends not to convict partisan leftists.’

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

Individuals who were granted pardons include former Joint Chiefs of Staff Chairman and Army General Mark Milley, who later expressed criticism of Trump during his initial term, along with all other members of the January 6 committee.

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 offense. He stated, ‘A pardon generally provides forgiveness for a particular crime or group of crimes committed prior to the issuance of the pardon.

However, if an individual is convicted of treason after receiving a pardon for earlier offenses, that pardon does not apply to the new crime.’ This remark may allude to Milley, who allegedly reached out to his Chinese counterpart in the final days of Trump’s first term to inform him of any imminent U.S. military action.

Barnett further explained, ‘A pardon only addresses the offenses explicitly stated or implicitly understood to be included at the time of its granting. If treason is committed or uncovered after the pardon, it would not be shielded by that pardon.’

In a recent interview on Fox News, Trump conveyed to host Rachel Campos-Duffy that ‘I cannot even pursue’ individuals involved in the January 6 investigation due to Biden’s pardons. He remarked, ‘Look at the unselect Committee of political thugs—these despicable individuals—Democrats and two of the most reprehensible Republicans in history, Adam Kinzinger and Liz Cheney, who are among the worst. They are simply deranged.

This was the committee, and it lasted for a year and a half.’ Trump continued, ‘After a year and a half, what was their outcome? They obliterated every piece of evidence they possessed because it was entirely in our favor. Nancy Pelosi was accountable for the security; she was aware of it. She admitted it on her daughter’s recording.

Her daughter is a videographer or whatever her role is. Nancy was heard complaining that she was responsible for it. Indeed, they destroyed everything. And then Biden granted them all pardons.

Trump stated, “These individuals are members of Congress, though not respected ones. If such actions were taken in a civil context, consider this: they have burned, deleted, and destroyed every document over the course of a year and a half.

Like the individual who claimed, I grabbed a large Secret Service agent by the neck and was met with resistance. I approached another agent, who appeared to be quite formidable, and I had friends who remarked, ‘never change, it’s impressive.’ I responded, ‘I simply seek the truth.’” He continued, “They spent a year and a half making life difficult for everyone.

They came to the realization of their guilt, as all those secret service agents testified honestly, revealing that everything was against them. Instead of disclosing their own criminal actions, they fabricated a crime, executing it quite effectively.

Imagine if I had deleted and destroyed all documents. This is a significant hearing that should not have proceeded. Consequently, we cannot pursue them as they have been pardoned,” Trump asserted. “We are confronting very corrupt individuals; there are numerous corrupt people within our government,” he concluded.

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