As one of his final acts in office, President Joe Biden issued a wave of last-minute pardons aimed at shielding key political figures—like former Congresswoman Liz Cheney and Dr. Anthony Fauci—from potential backlash under the incoming Trump administration. The move was seen by many as a way to protect prominent allies from Republican-led investigations, but it’s sparked a firestorm of debate and legal scrutiny.
Alongside Cheney and Fauci, Biden’s pardons also covered former Joint Chiefs Chairman Gen. Mark Milley and members of the January 6 Committee. But critics quickly pointed out that these pardons come with limits—and they might not be the safety net some were hoping for.
Legal experts, including Trump-aligned attorney Jesse Binnall, were quick to respond. He noted that being pardoned doesn’t mean someone can dodge testifying before Congress. In fact, since they’ve been pardoned, they can’t plead the Fifth to avoid answering questions—meaning if they lie under oath, they could still face serious consequences like perjury charges.
Binnall wrote on X (formerly Twitter) that while the pardons may sound protective on the surface, they actually expose recipients to more legal risk in some cases. He also raised concerns about whether trials held in Washington, D.C., would be fair, calling it a “biased venue.”
Others echoed that sentiment. Retired Army officer and conservative commentator Kurt Schlichter suggested that hearings or depositions should be moved outside D.C. to avoid what he sees as a liberal-leaning legal environment.
On his first day back in the Oval Office, former President Donald Trump didn’t hold back. He harshly criticized Cheney, calling her a “distressed lunatic” and accusing her of “serious offenses,” setting the tone for what could be a turbulent legal and political battle ahead.
Legal voices also clarified that a presidential pardon only applies to crimes committed up to the point it’s issued. So, if any new wrongdoing comes to light—especially something like treason—those charges wouldn’t be covered. Josh Barnett, a former political candidate from Arizona, explained on X that new offenses uncovered after the pardon still leave the door open for prosecution.
One of the most talked-about pardons was Gen. Mark Milley’s. Critics have accused him of overstepping during the final days of Trump’s first term, particularly regarding his reported communication with Chinese military officials. Some believe his pardon won’t protect him if new evidence leads to more serious accusations, like treason.
In the end, Biden’s pardons have done little to ease political tensions. Instead, they’ve opened the door to more investigations, heated debates, and legal maneuvering in the months ahead—as both parties gear up for another round of political warfare.