Before departing office, former President Joe Biden granted pardons to several key allies, a move widely interpreted as an effort to shield them from potential legal actions under the Trump administration. Many observers praised the decision as both smart and strategically calculated.
However, this action could potentially backfire, and here’s why.
Among those pardoned by Biden are prominent figures such as Liz Cheney, a Republican congresswoman from Wyoming and co-chair of the January 6 Committee, Dr. Anthony Fauci, the nation’s leading infectious disease expert who played a pivotal role during the COVID-19 pandemic, and General Mark Milley, the former Chairman of the Joint Chiefs of Staff.
In a statement released on Monday, Biden defended his decision, saying, “These individuals have served our nation with honor and distinction and should not be subjected to unjustified, politically motivated prosecutions.”
Yet, the pardons come with significant implications. If Congress subpoenas these individuals to testify in the future, they will no longer have the option to invoke the Fifth Amendment, which protects against self-incrimination. This includes Biden’s siblings and their spouses, who were also among those granted clemency.
Federal litigation attorney Jesse Binnall highlighted this point in a post on X, stating, “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 on the Fifth Amendment. Let’s be realistic—most of these individuals would likely face charges in Washington, DC, a jurisdiction that rarely convicts partisan leftists.”
Critics argue that the pardons could undermine the integrity of the justice system. Retired U.S. Army officer and lawyer Kurt Schlichter weighed in on the matter, emphasizing the importance of where testimony takes place. “This is key—the depositions and testimony must occur outside of Washington, DC,” he wrote on X. “Washington, DC, is a biased venue that will not convict Democrats for perjury. Therefore, this process should be moved elsewhere.”
Following the announcement of the pardons, House Oversight Committee Republicans pointed out that Biden had previously pardoned his son, Hunter Biden. They stated, “Joe Biden will be remembered for using his final weeks in office to shield his son from legal consequences and protect himself.”
In a strongly worded statement, they added, “President Biden’s preemptive pardons for the Biden Crime Family serve as an admission of their corruption. Our investigation revealed that at least ten members of the Biden family and their associates profited over $30 million by selling Joe Biden’s influence to foreign entities in countries like China, Russia, Ukraine, Romania, and Kazakhstan.”
The decision made by Biden in the closing hours of his presidency could have far-reaching consequences for future clemency policies. Pardons may increasingly be seen as strategic tools that can be easily misused by those in power.
It’s worth noting that all the individuals who received Biden’s pardons have faced intense criticism from former President Trump and his allies.
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