Washington: In an extraordinary move during the final hours of his presidency, Joe Biden has pardoned Dr. Anthony Fauci, retired General Mark Milley, and members of the House committee that investigated the January 6 attack on the Capitol. The decision seeks to protect these individuals from potential retaliation by the incoming Trump administration.

Donald Trump, who has been vocal about pursuing retribution against his perceived enemies, has reportedly curated a list of individuals who crossed him politically or held him accountable for the events surrounding January 6, 2021. Biden’s pardons appear to pre-empt potential actions by Trump’s new Cabinet, many of whom have backed his false claims about the 2020 election and pledged to punish those involved in investigations into Trump’s conduct.

“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 offence,” Biden clarified in a statement.

“Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”

Breaking with tradition

Presidential clemency at the end of a term is customary but typically reserved for ordinary Americans convicted of crimes. Biden, however, has used his powers in an unprecedented manner, issuing pardons to individuals who have not been investigated or accused of any crimes.

“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden explained. “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.”

High-profile recipients of clemency

Among those pardoned is Dr. Anthony Fauci, who served as director of the National Institute of Allergy and Infectious Diseases for nearly 40 years and as Biden’s chief medical adviser until his retirement in 2022.

Fauci was a key figure in coordinating the nation’s response to the COVID-19 pandemic, drawing ire from Trump and his supporters for refusing to back unsubstantiated claims about the virus and its management. Fauci has since become a target of widespread vitriol from right-wing groups who blame him for mask mandates and other public health measures.

Another notable recipient is retired General Mark Milley, former chairman of the Joint Chiefs of Staff, who publicly criticised Trump and detailed his alarming conduct during the January 6 insurrection. Milley had previously referred to Trump as a fascist.

Biden also extended pardons to members and staff of the January 6 committee, including former Representatives Liz Cheney and Adam Kinzinger, both Republicans, and to Capitol and D.C. Metropolitan police officers who testified before the committee. These individuals played crucial roles in investigating the Capitol attack and have faced threats and political backlash for their efforts.

Biden’s legacy of clemency

Biden’s decision to issue pre-emptive pardons reflects his deep concerns about the state of American democracy and the potential dangers posed by Trump’s return to the presidency. During his farewell address, Biden warned of a “growing oligarchy” and emphasised the need to protect democratic institutions.

The outgoing president has set a record for the most individual pardons and commutations issued during a single term. On Friday, he announced the commutation of sentences for nearly 2,500 people convicted of nonviolent drug offences. Additionally, Biden commuted the sentences of 37 out of 40 individuals on federal death row, converting their punishments to life imprisonment. These actions come in stark contrast to Trump’s previous term, during which his administration carried out an unprecedented 13 federal executions during the COVID-19 pandemic.

A smooth transition amidst concerns

Biden has promised a smooth transition to the incoming administration, even inviting Trump to the White House. However, his unprecedented use of pre-emptive pardons highlights the extraordinary circumstances surrounding this transition.

“Even as he warned during his farewell address of a growing oligarchy, Biden has remained an institutionalist,” a White House aide noted. Despite the tensions, Biden expressed optimism about the nation’s resilience, stating, “The nation will be OK.”

AP