President Joe Biden made a number of high-profile pardons in his last days in office, which sparked intense debate and raised concerns about the consequences for the individuals involved.
Dr. Anthony Fauci and former Republican representative Liz Cheney, two individuals at the center of current disputes and divisive storylines, were among those pardoned. Legal experts are cautioning that the tactic may have unforeseen repercussions,
despite the White House characterizing the pardons as a preventive step to protect these individuals from any punishment by a Republican-led Congress and former President Donald Trump.
With the new GOP-controlled Congress promising strict monitoring and probes into conduct taken during and after Biden’s administration, the pardons come amid a period of intense political disagreement.
Anger has been directed at Cheney, a well-known Trump opponent and co-chair of the House Select Committee looking into the Capitol incident on January 6, 2021. Conservatives have frequently attacked Dr. Fauci, a longtime immunologist and former President’s Chief Medical Advisor, for his influence on COVID-19 policy.
White House advisers said that worries about politically motivated prosecutions under the incoming government were the main factor in the decision to give pardon. According to reports, Biden saw the pardons as a means of shielding Cheney, Fauci, and other individuals who have played a significant role in promoting investigations and policies that are essential to the legacy of his administration.
A senior White House source stated, “President Biden believes in protecting public servants who have dedicated their lives to upholding democracy and safeguarding public health.” “The purpose of these pardons is to ensure fairness and protect these individuals from partisan vendettas, not to absolve guilt.”
Although pardons are typically given to people who have been found guilty of crimes, they can also be given in advance, as in this instance, to avoid possible legal risk.
However, opinions on the move have not always been positive. Although pardons can protect people from prosecution for specific crimes, legal experts contend that they do not release recipients from testifying under oath if they are subpoenaed. Federal litigation lawyer Jesse Binnall clarified that if a recipient lies during testimony, pardons do not provide protection from perjury charges or obstruction of justice.
According to Binnall, “these pardons might actually create new vulnerabilities for Cheney and Fauci.” “They may be exempt from prosecution for acts pertaining to the particular offenses covered by the pardons, but they still face the political and legal repercussions of their subsequent behavior, especially in the event of any congressional investigations.”
Additionally, Binnall noted that pardoning those who have not been accused of a crime could damage the public’s belief in the fairness of the legal system. “Preemptive pardons could create the appearance of wrongdoing where none has been established,” he stated.
Both conservative and liberal critics have expressed worries about the possible consequences of Biden’s choice. Progressive Democrats contend that the pardons could erode public confidence in the administration’s dedication to transparency, while some Republicans see them as a last-ditch effort to protect supporters from criticism.
The pardons were denounced by Republican House Speaker Kevin McCarthy as a “political stunt” intended to “protect Biden’s cronies.” McCarthy added that the GOP-controlled Congress would keep up its oversight activities, including subpoenaing prominent individuals like Fauci and Cheney. McCarthy asserted that “no pardon can absolve anyone of responsibility to the American people.”
Meanwhile, several Democrats voiced concern that future administrations may take advantage of the precedent set by preemptive pardons. Senator Elizabeth Warren stated, “This approach runs the risk of undermining the principle of equal justice under the law, even though I understand the president’s intentions.”
Although White House officials have not fully revealed the precise acts covered by the pardons, they have alluded to actions performed during Cheney’s time on the January 6 Committee and Fauci’s management of the COVID-19 epidemic. Some legal scholars have called for a thorough explanation of the scope and aim of the pardons, citing the lack of openness as fueling criticism and conjecture.
According to Kimberly Wehle, a professor of constitutional law, “it’s difficult to assess their legal and ethical implications without clarity on what these pardons entail.” “In order to prevent the issue from becoming even more politicized, the administration should be transparent about the rationale behind these decisions.”
Even with the pardons, congressional investigators may continue to closely monitor Cheney and Fauci. Although pardons shield a person from prosecution for some crimes, legal experts point out that they do not grant complete immunity from all responsibilities.
Wehle stated, “Cheney and Fauci are still legally required to answer questions honestly if they are called to testify before Congress.” “A pardon does not give them permission to avoid scrutiny or deceive legislators.”
With Republicans indicating their intention to look into a variety of topics, such as the causes of COVID-19, the Biden administration’s pandemic response, and the January 6 probe, the prospect of subpoenas remains big. While both Cheney and Fauci have stated that they are willing to assist with valid investigations, they have also voiced worries about the possibility of harassment driven by political motives.
In the end, Biden’s choice to grant these pardons is indicative of the complex political environment he is negotiating. The pardons contain serious dangers for the people implicated as well as for the administration’s wider reputation, even though they would provide some protection to Cheney, Fauci, and others.
Wehle remarked, “The president has made a bold but controversial choice.” “It will take time to determine whether these pardons accomplish their goals or backfire by drawing even more attention and criticism.”
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