WASHINGTON (AP) 鈥� Joe Biden, in one of his final acts as president, pardoned , retired and members of the , in an extraordinary use of executive power to guard against potential 鈥渞evenge鈥� by .
The decision Monday by Biden came after now-President Donald Trump had warned of filled with those who have crossed him politically or sought to hold him accountable for his attempt and his role in the Capitol siege four years ago. and who have pledged to punish those involved in efforts to investigate him.
鈥淭he 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,鈥� Biden said in a statement. 鈥淥ur nation owes these public servants a debt of gratitude for their tireless commitment to our country.鈥�
The prospect of such pardons had been the subject of heated debate for months at the highest levels of the White House. It鈥檚 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.
Trump said after his inauguration that Biden had pardoned people who were 鈥渧ery very guilty of very bad crimes" 鈥� 鈥減olitical thugs,鈥� Trump called them.
Biden, a Democrat, has used the power in the broadest and most untested way possible: to pardon those who have not even been investigated. His decision lays the groundwork for an even more expansive use of pardons by Trump, a Republican, and future presidents.
While the Supreme Court last year ruled that presidents enjoy for what could be considered official acts, the president's aides and allies enjoy no such shield. 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鈥檚 unclear whether those pardoned by Biden would need to apply for the clemency. Acceptance could be seen as a tacit admission of guilt or wrongdoing, validating years of attacks by Trump and his supporters, even though those who were pardoned have not been formally accused of any crimes. The 鈥渇ull and unconditional鈥� pardons for Fauci and Milley cover the period extending back to Jan. 1, 2014.
鈥淭hese are exceptional circumstances, and I cannot in good conscience do nothing,鈥� Biden said, adding that 鈥淓ven when individuals have done nothing wrong 鈥� and in fact have done the right thing 鈥� and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.鈥�
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鈥檚 chief medical adviser until his retirement in 2022. He helped coordinate the nation鈥檚 response to the COVID-19 pandemic and raised Trump's ire when he resisted Trump's untested public health notions. Fauci has since become a target of intense hatred and vitriol from people on the right, who blame him for mask mandates and other policies they believe infringed on their rights, even as hundreds of thousands of people were dying.
鈥淒espite 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,鈥� Fauci said in a statement. 鈥淭here is absolutely no basis for these threats. Let me be perfectly clear: I have committed no crime.鈥�
Milley, a former chairman of the Joint Chiefs of Staff, has called Trump a fascist and has detailed Trump鈥檚 conduct around the Jan. 6 insurrection. He said he was grateful to Biden for a pardon.
鈥淚 do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights," he said in a statement. 鈥淚 do not want to put my family, my friends, and those with whom I served through the resulting distraction, expense, and anxiety.鈥�
Shortly after Trump's swearing-in, Milley's official portrait at the Pentagon was removed from the wall.
Biden also extended pardons to members and staff of the Jan. 6 committee that investigated the attack, as well as the U.S. Capitol and D.C. Metropolitan police officers who testified before the House committee about their experiences that day, overrun by an angry, violent mob of Trump supporters. It鈥檚 a 鈥渇ull and unconditional pardon,鈥� for any offenses 鈥渨hich they may have committed or taken part in arising from or in any manner related to the activities or subject matter."
The committee spent 18 months investigating Trump and the insurrection. It was led by Rep. Bennie Thompson, D-Miss., and then-Rep. Liz Cheney, a Wyoming Republican who later pledged to vote for Democratic presidential nominee Kamala Harris and campaigned with her against Trump. The committee鈥檚 final report found that Trump criminally engaged in a 鈥渕ulti-part conspiracy鈥� to overturn the lawful results of the 2020 presidential election and failed to act to stop his supporters from attacking the Capitol.
鈥淩ather than accept accountability," Biden said, 鈥渢hose who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain, and seek revenge, including by threatening criminal prosecutions.鈥�
Biden鈥檚 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.
Cheney and Thompson said in a statement on behalf of the committee that they were grateful for the decision, saying they were being pardoned 鈥渘ot for breaking the law but for upholding it.鈥�
鈥淭hese are indeed 鈥榚xtraordinary circumstances鈥� when public servants are pardoned to prevent false prosecution by the government for having worked faithfully as members of Congress to expose the facts of a months long criminal effort to override the will of the voters after the 2020 election, including by inciting a violent insurrection," the said in the statement.
The extent of the legal protection offered by the pardons may not fully shield the lawmakers or their staff from other types of inquiries, particularly from Congress. Republicans on Capitol Hill would still likely have wide leverage to probe the committee鈥檚 actions, as the House GOP did in the last session of Congress, seeking testimony and other materials from those involved.
Biden, an institutionalist, has promised a smooth transition to the next administration, and saying that the nation will be OK, . He has to the presidency again would be a threat to democracy. His decision to break with political norms was brought on by those concerns.
for most individual pardons and commutations issued. He also pardoned for tax and gun crimes. Moments before leaving office, in a move designed to guard against potential retribution.
He is not the first to consider such preemptive pardons. Trump aides considered them for Trump and his supporters involved in his failed efforts to overturn the 2020 presidential election that culminated in the violent riot at the Capitol. But Trump鈥檚 pardons never materialized before he left office four years ago.
President Gerald Ford granted a 鈥渇ull, free, and absolute pardon鈥� in 1974 to his predecessor, Richard Nixon, over the Watergate scandal.
Trump has promised to grant swift clemency to many of those involved in the Capitol riot.
Former , who lost consciousness and suffered a heart attack after a rioter , was one of the officers who testified before the congressional panel that investigated the Jan. 6, 2021, attack. Fanone said he learned of Biden鈥檚 last-minute pardons from a reporter. He said it was about protecting him and his family from a "vengeful party."
鈥淚 haven鈥檛 digested it,鈥� he said. 鈥淚 just can鈥檛 believe that this is my country.鈥�
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AP Congressional Correspondent Lisa Mascaro and Associated Press writers Tara Copp, Alanna Durkin Richer and Michael Kunzelman contributed to this report.
Colleen Long And Zeke Miller, The Associated Press
