Legal Expert Throws Cold Water over Biden’s Preemptive Pardons, Warns They Don’t Offer Full Protection

A top legal expert has just delivered some devasting news to those who thought they had escaped justice after being issued preemptive pardons from former President Joe Biden in the dying moments of his presidency.

In his final hours as president on Sunday night, Biden issued a round of high-profile pardons.

The move sought to shield figures like Dr. Anthony Fauci, former Rep. Liz Cheney (R-WY), and others who could likely face investigations under President Donald Trump’s administration.

Biden’s actions, intended to blunt potential “reprisals,” have drawn both praise and criticism, with legal experts noting that the pardons come with significant limitations.

The Sunday pardons include Cheney, a prominent critic of Trump and vice chair of the January 6 committee, and Dr. Fauci, who is suspected to have played in key role in the origins of the COVID-19 pandemic.

General Mark Milley, the anti-Trump former chairman of the Joint Chiefs of Staff, and all members of the January 6 committee were also included in the clemency order.

Biden’s aides said the pardons were designed to protect these individuals from, what they claimed would be, politically motivated investigations.

However, legal experts quickly pointed out that the pardons are “actually great news” for those seeking justice against those individuals.

The pardons do not shield recipients from testifying under oath in civil, criminal, or congressional proceedings.

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In addition, they also block them from evoking the 5th Amendment to refuse to testify.

The Fifth Amendment to the United States Constitution protects individuals from self-incrimination and limits the government’s power in criminal proceedings.

It was ratified in 1791 as part of the Bill of Rights.

The Fifth Amendment protects individuals from being forced to answer questions or make statements that could be used against them in a criminal proceeding.

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It also prevents juries from inferring guilt from a defendant’s silence in a criminal case.

However, the pardoned individuals are shielded from criminal proceedings, meaning they can’t invoke the Fifth Amendment.

In a post on X, federal litigation attorney Jesse Binnall wrote:

“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 upon the 5th Amendment.”

Republican lawmakers, including Reps. Jim Jordan (R-OH) and James Comer (R-KY), have already signaled their intent to investigate the Biden-Harris administration.

With Biden’s pardons in place, figures like Cheney and Fauci could be subpoenaed to testify before Congress.

Cheney may face questions regarding her role on the January 6 committee, including allegations of suppressing evidence or pressuring witnesses.

Fauci, meanwhile, could be asked to address accusations of undermining Trump’s pandemic response or misrepresenting public health data during the COVID-19 crisis.

In a statement accompanying the pardons, Biden defended his decision as necessary to uphold the rule of law and protect individuals from politically motivated attacks.

“I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately prevail over politics,” Biden said.

“But these are exceptional circumstances, and I cannot in good conscience do nothing.

“Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families.”

He added, “Even when individuals have done nothing wrong — and in fact have done the right thing — and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances.”

Critics argue that accepting a pardon may damage the public perception of the recipients, as it implies culpability in the court of public opinion.

“As soon as you take a pardon, it looks like you are guilty of something,” former Rep. Adam Kinzinger (R-IL) told CNN earlier this month.

The timing of the pardons, just before Trump took the oath of office, adds to the controversy.

To make matters worse, Biden also issued blanket pardons for several members of his family just minutes before Trump took the oath of office.

Trump’s administration has signaled that investigations into the Biden-Harris admin and its allies could be a priority.

In particular, investigations would be likely in areas related to pandemic policy, the January 6 committee, and alleged misconduct by members of the Biden family.

While Biden’s pardons shield several key figures from prosecution, they open the door for congressional inquiries and public scrutiny.

Now that Trump has finally taken office, the legal and political battles surrounding these figures are far from over.

Republican lawmakers are expected to press forward with investigations, potentially setting the stage for high-profile hearings in the months ahead.

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