Written by Doina Chiacu, Phil Stewart, Idris Ali and Nandita Bose
WASHINGTON (Reuters) – Joe Biden issued a protective pardon on Monday to several members of his immediate family and people targeted for retaliation by his successor, Donald Trump, including former Republican Rep. Liz Cheney and Mark Milley, the former chairman of the Joint Chiefs of Staff.
The pardon, issued in Biden's final hours as president, covers the select committee that investigated the storming of the US Capitol by Trump supporters on January 6, 2021, as well as all lawmakers, including Cheney, who served on the congressional and police committee. The officers who testified before her. They also covered Anthony Fauci, who served as White House chief medical adviser during the COVID-19 pandemic.
Trump, who was sworn in as president on Monday, has repeatedly called for the prosecution of his enemies since winning the White House in November.
Biden praised public servants, calling them “the lifeblood of our democracy.” Without mentioning Trump, he expressed his concern that some of them were being threatened and intimidated for doing their work.
“These public servants have served our nation with honor and distinction and do not deserve to be the targets of unwarranted and politically motivated prosecutions,” Biden said in a statement.
Ahead of handing office to Trump, Biden also pardoned five members of his family, saying he wanted to protect them from politically motivated investigations.
He pardoned his siblings — James Biden, Frank Biden, and Valerie Biden Owens — as well as their wives, John Owens and Sarah Biden.
“My family has been subjected to constant attacks and threats, motivated by a desire to hurt me — the worst kind of partisan politics,” Biden said. “Unfortunately, I have no reason to believe that these attacks will end.”
In December, Biden pardoned his son Hunter after repeatedly saying he would not do so. Hunter is a recovering drug addict who became a target of Republicans and pleaded guilty to tax violations and was convicted of firearms charges.
Biden also commuted the life sentence imposed on Native American activist Leonard Peltier, who was imprisoned for nearly five decades for the 1975 murder of two FBI agents.
The United States Constitution gives the president broad powers to pardon federal crimes. While pardons are typically granted to people who have been prosecuted, they can include conduct that did not lead to legal action.
NBC's Kristen Welker quoted Trump as telling her in a text message: “It's disgraceful. Many are guilty of major crimes! DJT.” Trump made this statement before Biden issued a last-minute pardon to his family members.
Trump in December supported a call for the FBI to investigate Cheney over her role in leading the congressional investigation into the January 6 attack.
Cheney and Democratic Representative Bennie Thompson, vice chairmen of the committee, expressed their gratitude to Biden for acknowledging the threats and harassment they and their families were subjected to.
“We received a pardon today not for breaking the law but for upholding it,” they said in a statement.
Fauci has often clashed with Trump during the pandemic, and Trump supporters have continued to attack the former top health official.
Fauci told Reuters that the White House contacted about this issue a month ago and did not request a pardon. “I appreciate the president reaching out and trying to protect me from the baseless accusations,” Fauci said. “I have done nothing wrong and this is not an admission of any guilt.”
Milley, who was Trump's top military adviser between 2019 and early 2021, said in a statement that he was “extremely grateful” for Biden's pardon.
'exceptional circumstances'
The rivalry between Trump and Milley was deep.
Following the January 6 attack, Milley called Beijing to reassure China of US stability. In a post on social media, Trump described the phone call as “an act so heinous that in the past the punishment would have been death.”
Some Trump supporters, who viewed Milley as disloyal, demanded that he be recalled to active duty and tried for treason.
Milley made a veiled criticism of Trump during his 2023 retirement speech, saying that US troops are sworn to the US Constitution and not a “wannabe dictator.”
Later in the day, Trump lashed out at him with a series of insults, calling Milley “slow-moving and thinking” and “an idiot.”
Millie is quoted in Bob's book “War”. Woodward (NASDAQ:), published last year, calling Trump a “fascist to the core,” and was targeted by Trump allies over his perceived disloyalty to Trump.
Reuters reported in November that Trump's transition team was preparing a list of military officers seen as linked to Milley who would be removed.
Pete Hegseth, Trump's pick to lead the Pentagon, repeatedly attacked Milley in his latest book using profanity.
Biden praised both Milley and Fauci as long-time loyal public servants who stood up for democracy and saved lives. He said that the select committee formed to investigate the January 6 attack accomplished its mission impartially.
Without identifying the individuals, he pardoned all members of Congress who served on the committee, their staff, and the U.S. Capitol and Washington, D.C., police officers who testified before the committee.
Biden said the pardoned people had done nothing wrong, but merely investigating or prosecuting them could damage reputations and finances.
“I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately triumph over politics,” he said. “But these are exceptional circumstances, and I cannot do anything in good conscience.”
The pardons of Cheney, Milley and Fauci drew criticism from Trump's allies, including US Representative Marjorie Taylor Greene, who said on the X show that the officials were pardoned “because they are guilty of crimes.”
