Updated January 20, 2025 at 12:27 PM ET
Just hours before his departure from office, President Biden made a significant decision to grant pardons to several key figures, including retired Gen. Mark Milley and Dr. Anthony Fauci, as well as members of Congress and law enforcement personnel connected to the Jan. 6 committee. This move was described by Biden as a necessary step in the face of “unjustified and politically motivated prosecutions” anticipated from the incoming administration.
President Biden emphasized that these pardons should not be interpreted as an admission of guilt by any party involved. In his statement, released just before President-elect Donald Trump was to be inaugurated, Biden clarified, “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.”
The pardons were prompted by what Biden described as “exceptional circumstances,” noting that even the mere possibility of investigation or prosecution could irreparably harm reputations and finances, regardless of actual wrongdoing.
As the Trump administration transitions into power, there is some uncertainty regarding potential prosecutions. Pam Bondi, Trump’s nominee for attorney general, indicated during her confirmation hearing that she would not support politically motivated prosecutions. However, Trump’s pick for FBI director, Kash Patel, has advocated for investigations into many of Trump’s adversaries.
Dr. Anthony Fauci, who played a prominent role in the U.S. COVID-19 response, faced criticism from Trump allies, who accused him of obscuring the pandemic’s causes. Trump previously labeled Fauci a “disaster”. In response to the pardon, Fauci stated, “Throughout my career, I have been motivated by one simple goal: to improve the health and lives of humankind.” He expressed gratitude for Biden’s decision, which he believes shields him and his family from the distress caused by baseless threats of legal action.
Gen. Mark Milley, who served as chairman of the Joint Chiefs of Staff during Trump’s first term, was also included in the pardons. Milley, who previously referred to Trump as “fascist to the core” in a book by journalist Bob Woodward, expressed relief over the pardon, stating, “After forty-three years of faithful service in uniform to our Nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights.”
The pardons also extend to members of the Jan. 6 committee and law enforcement officials who provided testimony. Biden underscored their efforts to illuminate the events of January 6, 2021, describing their actions as critical in the face of attempts to rewrite the history of the insurrection for partisan benefits.
Chairman Bennie Thompson and Vice Chair Liz Cheney, leaders of the Jan. 6 committee, released a joint statement expressing gratitude for the pardons. They described the situation as “extraordinary circumstances” and reiterated their commitment to truth and constitutional principles.
Despite discussions about possible pardons, the Jan. 6 committee had mixed opinions internally. Some members, including Thompson, publicly welcomed the idea, while others, like Rep. Jamie Raskin, remained noncommittal. The announcement left some staffers unsure of the pardon’s scope, though they were generally relieved by the protective measure against potential targeting by the Trump administration.
The scope of the pardons appears to cover dozens of committee staffers, as indicated in the final report of the panel, though it remains unclear if consultants and contractors are included.
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