Biden pardons Fauci, Milley and the Jan. 6 panel

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WASHINGTON (AP) — Joe Biden, in one of his final acts as president, pardoned Dr. Anthony Fauci, retired Gen. Mark Milley, members of the House committee that investigated the Jan. 6 events on the Capitol, and members of his family, in an extraordinary use of executive power.

“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 prospect of such pardons had 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.

Trump said after his inauguration that Biden had pardoned people who were “very very guilty of very bad crimes" — “political thugs,” 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 broad immunity from prosecution 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’s 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, even though those who were pardoned have not been formally accused of any crimes. The “full and unconditional” pardons for Fauci and Milley cover the period extending back to Jan. 1, 2014.

“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden said, adding that “Even when individuals have done nothing wrong — and in fact have done the right thing — and will ultimately be exonerated, 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. 

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

Biden also extended pardons to members and staff of the Jan. 6 committee, as well as the U.S. Capitol and D.C. Metropolitan police officers who testified before the House committee about their experiences that day. It’s a “full and unconditional pardon,” for any offenses “which they may have committed or taken part in arising from or in any manner related to the activities or subject matter."

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.

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’s actions, as the House GOP did in the last session of Congress, seeking testimony and other materials from those involved.

Biden has set the presidential record for most individual pardons and commutations issued. He also pardoned his son Hunter for tax and gun crimes. Moments before leaving office, he pardoned his siblings and their spouses.