Biden in the last hours pardons Cheney, Fauci and Milley to thwart retaliation

President Biden took steps just hours before leaving office Monday to protect some of President-elect Donald J. Trump’s most high-profile opponents from a promised “retaliation” campaign by issuing preemptive pardons to avoid political prosecution .

Among those pardoned were Gen. Mark A. Milley, former chairman of the Joint Chiefs of Staff; Dr. Anthony S. Fauci, longtime government scientist; and all members of the bipartisan House committee that investigated the Jan. 6, 2021, attack on the Capitol, including former Rep. Liz Cheney, Republican of Wyoming.

“I believe in the rule of law and am optimistic that the strength of our legal institutions will ultimately prevail over politics,” Mr. Biden said in a statement. “But these are exceptional circumstances and I cannot, in good conscience, do anything. Baseless, politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families.

“Even when individuals have done nothing wrong – and in fact did the right thing – and are ultimately exonerated, simply being investigated or prosecuted can cause irreparable harm to their reputation and their finances,” he added.

By granting preemptive pardons, Mr. Biden has effectively transformed the president’s constitutional pardon power into a protective shield against what he claims is politically motivated vengeance. No other president has used executive clemency so broadly and so openly to thwart a successor he believes would abuse his power.

His action constitutes a dramatic testament to how power will dramatically shift in Washington at noon when Mr. Trump is sworn in to succeed Mr. Biden. In the morning, the outgoing president used his pardon power to protect those who investigated the Jan. 6 attack on the Capitol. In the afternoon, the new president said he would pardon many of those who organized the attack.