In a dramatic wave of last-minute pardons designed to shield key allies from possible political payback by President-elect Donald Trump, President Joe Biden granted clemency to a carefully curated list of individuals — but the move has sparked immediate legal and political ripples.
Among those granted pardons were two high-profile figures: former Wyoming Republican congresswoman and January 6 Committee co-chair Liz Cheney, and former Chief Medical Advisor Dr. Anthony Fauci. According to White House aides, the pardons were a preemptive strike meant to protect both from what they view as likely retaliatory action by Trump or his incoming administration.
But the legal shield may not be as bulletproof as it seems.
Experts quickly noted a key limitation: Biden’s pardons do not protect recipients from being compelled to testify under oath. Federal litigation attorney Jesse Binnall pointed out that the pardons eliminate their ability to plead the Fifth Amendment — meaning they can still be subpoenaed and must testify truthfully.
“The pardons are actually great news,” Binnall posted on X. “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.” He added, with a note of irony, that this could open the door to prosecution—if they lie under oath.
In other words, Biden’s bold legal maneuver might have neutralized one threat—only to expose his allies to another.
