
By Reagan Reese
President Biden preemptively pardoned Dr. Anthony Fauci, Gen. Mark Milley and members of the Jan. 6 committee in the final hours of his presidency on Monday.
The president explained in a statement that those he pardoned do not deserve to be “targets of unjustified and politically motivated prosecutions.” Biden had previously indicated that he was considering a pardon of Fauci and others but his final decision would be determined by who President-elect Donald Trump appointed. (RELATED: ‘This Is Very Illegal’: Experts Say Fauci’s Top Aide Likely Broke The Law By Deleting Emails, Using Private Account)
“I believe in the rule of law, and I am optimistic that the strength of our legal institutions will ultimately prevail over politics,” Biden wrote in a tweet. “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.”
Our nation relies on dedicated, selfless public servants every day. They are the lifeblood of our democracy.
Yet alarmingly, public servants have been subjected to ongoing threats and intimidation for faithfully discharging their duties.
In certain cases, some have even been…
— President Biden (@POTUS) January 20, 2025
The House Oversight Committee released a report in May 2024 showing that a former senior adviser to Fauci, David Morens, had both deleted emails to evade Freedom of Information Act (FOIA) requests and told people multiple times to contact him at his personal email address to get around such requests. The aide also suggested in his emails, obtained by the House committee, to Fauci that he use a private email address to conduct his government business. Morens similarly told others to communicate with Fauci at a private email address for similar reasons, according to the report.
“This is very illegal,” Matthew Hardin, a lawyer specializing in issues related to FOIA, previously told the Daily Caller News Foundation.
“The Federal Records Act has strict requirements for preserving agency records in the agency’s custody for various reasons, including for purposes of facilitating the agency’s compliance with the Freedom of Information Act,” he continued. “This means that anybody conducting agency business through a ‘secret’ back channel or through Gmail is still creating a federal record, even if they are wrongfully concealing that record on a personal account instead of the government’s custody.”
In addition to previously considering pardons for Fauci and the Jan. 6 Committee, Biden was also considering pardoning California Democratic Sen. Adam Schiff, but the senator told CNN that he did not want the gesture.
“It would be the wrong precedent to set. I don’t want to see each president hereafter on their way out the door giving out a broad category of pardons,” Schiff said in an interview with CNN’s Dana Bash on Jan. 6.
Biden added that public servants are increasingly facing “ongoing threats and intimidation” and that his final pardons are because Milley, Fauci and others do not “deserve to be the targets of unjustified and politically motivated prosecutions.”
“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. Our nation owes these public servants a debt of gratitude for their tireless commitment to our country,” the president wrote.