Updated January 20, 2025 at 10:37 AM ET
In an extraordinary move hours before leaving office on Monday, President Biden said he was issuing pardons to retired Gen. Mark Milley, Dr. Anthony Fauci, the members of Congress and staff who served on the Jan. 6 committee and the U.S. Capitol and Washington, D.C., police officers who testified before that committee.
Biden said the preemptive pardons were needed because of threats of "unjustified and politically motivated prosecutions" by the incoming administration.
"The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense," Biden said in a statement issued hours before President-elect Donald Trump takes the oath of office.
Biden said "exceptional circumstances" had prompted the pardons. "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," he said.
It is not clear that the incoming Trump administration intends to prosecute the individuals. Pam Bondi, Trump's nominee for attorney general, said last week during her confirmation hearing that there wouldn't be political prosecutions on her watch. But Trump's nominee for FBI director, Kash Patel, has called for many of Trump's opponents to be investigated or prosecuted.
Fauci was a leading figure in the U.S. response to the COVID-19 pandemic. An infectious disease specialist at the National Institutes of Health, he encouraged people to wear masks and social distance, but Trump allies accuse him of covering up the alleged real causes of COVID. Trump called Fauci a "disaster" and Fauci has been investigated by congressional Republicans.
In a statement, Fauci said, "Throughout my career, I have been motivated by one simple goal: to improve the health and lives of humankind," noting that he served under presidents of both parties from Ronald Reagan to President Biden.
"I believe and hope that my legacy is that of a dedicated and accomplished physician/scientist and public health official who, with the help of many teams of skilled and distinguished colleagues, saved millions of lives in the United States and around the world," Fauci said.
Milley was chairman of the Joint Chiefs of Staff during Trump's first term and later called Trump "fascist to the core" in a book by journalist Bob Woodward. Trump has said he should be executed.
In a statement, Milley thanked the president for the pardon, saying he was grateful not to have to put family and friends through any potential legal battle.
"After forty-three years of faithful service in uniform to our Nation, protecting and defending the Constitution, I do not wish to spend whatever remaining time the Lord grants me fighting those who unjustly might seek retribution for perceived slights," he said.
Biden said the members of the Jan. 6 committee — and law enforcement officials who testified before it — were doing their job to shed light on the insurrection attempted by a mob of Trump supporters in 2021.
"Rather than accept accountability, those who perpetrated the January 6th attack have taken every opportunity to undermine and intimidate those who participated in the Select Committee in an attempt to rewrite history, erase the stain of January 6th for partisan gain, and seek revenge, including by threatening criminal prosecutions," Biden said.
Staffers for the House select Jan. 6 committee were "surprised" by the news of the pardon. A congressional aide said they were sorting whether they needed to accept the pardon or how the process worked. There was plenty of confusion since the announcement didn't include names or specifics of what the pardon covered. However, the aide, who was not authorized to speak on the record, said staffers were relieved by the news in case the Trump administration did target the committee's staff.
In the end, it appears the panel's final report pardons will cover dozens of staffers. More than 50 were listed in the preliminary section of the panel's final report. It was also unclear if the pardons covered consultants and contractors also listed in the report.
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