On Monday, his last day in company, Joe Biden issued proactive clemency to friends he insists committed no crimes, Gen. Mark A. Milley, Dr. Anthony S. Fauci, and the members and employees of the J6 Committee.
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“ I believe in the rule of law, and I am positive that the strength of our constitutional institutions will ultimately succeed over elections, ” Biden said in a statement. “ But these are extraordinary circumstances, and I cannot in good conscience accomplish nothing. ”
Biden, who weaponized his personal Department of Justice against Trump and Trump’s friends, continued, “Baseless and politically motivated studies wreak havoc on the life, health, and financial stability of targeted people and their people. Also when individuals have done nothing wrong — and in fact have done the right thing— and may eventually become exonerated, the simple fact of being investigated or prosecuted may permanently damage reputations and finances. ”
“The release of these clemency should not be mistaken as an affirmation that any specific engaged in any wrong, nor should embrace be misconstrued as an admission of guilt for any offence, ” Biden continued. “Our society owes these public employees a debt of gratitude for their tireless dedication to our country. ”
Then, Fauci, the former director of the National Institute of Allergy and Infectious Diseases has responded to the forgive.
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” I really, really enjoy the action President Biden has taken immediately on my representative. Let me be perfectly distinct, Jon, I have committed no crime, you know that, and there are no conceivable grounds for any incident or threat of legal analysis or trial of me, ” he told ABC’s Jonathan Karl.
Dr. Fauci said he is grateful because the threats and possibility of a politically motivated prosecution” creates immeasurable and intolerable distress on me and my family. “
— Jonathan Karl ( @jonkarl ) January 20, 2025
Naturally, conservatives are up in arms about the pardons and Fauci’s reaction and are calling on him to refuse the pardon if he really feels he committed no crime.
Related : Biden Just Set Another Dangerous Precedent With Preemptive Pardons
” He does n’t have to accept the pardon. If he did nothing wrong be a man and turn it down,” Donald Trump Jr. said in a post on X. ” But you know he won’t because everyone knows he’s guilty of so much. “
Indeed, the Supreme Court has said that the accepting of a pardon is an admission of guilt.
The Supreme Court has several times upheld defendants ’ decisions to refuse pardons. When bank robber George Wilson declined to plead a pardon from President Andrew Jackson, the Supreme Court held in 1833 that the pardon was not effective ( United States v. Wilson ). When New York Tribune editor George Burdick refused to accept a pardon from President Woodrow Wilson and instead insisted upon his Fifth Amendment right to remain silent in an investigation into leaks to the press from the Treasury Department, the Supreme Court likewise affirmed his ability to do so ( Burdick v. United States ).
Acceptance of a pardon has often been seen as an admission of guilt. The Court in Burdick acknowledged as much, noting the “confession of guilt implied in the acceptance of a pardon. ” This admission of guilt may have several dimensions. The most straightforward imputes responsibility for the underlying crime to the person pardoned.
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So not only should Fauci refuse the pardon, but all of them should.
