Written by Nathan Phillips.
Former President Joe Biden’s preemptive pardons for Dr. Anthony Fauci, ex-Rep. Liz Cheney, and others might unravel in unexpected ways, according to journalist Matt Taibbi and legal analysts, potentially exposing the recipients to congressional scrutiny without the shield of self-incrimination. Unveiled in a recent podcast with Tucker Carlson, this perspective suggests the pardons, intended as a safeguard, could instead spotlight hidden misdeeds.
Pardons Strip Fifth Amendment Protections
During his interview with Carlson earlier this week, Taibbi dropped a critical insight: Biden’s pardons—rolled out Sunday night—don’t cover everything. “They’re a mistake,” he said, arguing that the legal shield they provide has a catch. Once pardoned, individuals like Fauci and Cheney lose the right to plead the Fifth Amendment if hauled before Congress or a grand jury, a point legal experts he consulted hammered home. “They have to say something,” Taibbi noted, meaning silence is no longer an option.
This flips the script. The Fifth lets you dodge questions that might incriminate you—think Fauci on COVID funds or Cheney on Jan. 6 panel moves. Without it, they’re compelled to testify, and any dodge could mean contempt charges—$10,000 fines or jail, per 2023 congressional stats. Taibbi’s talked to ex-Senate investigators and defense attorneys, all agreeing: pardons signal “very serious crimes” or a blunder that “makes it easier to investigate.” It’s a red flag—why pardon unless there’s dirt to bury?
Federal attorney Jesse Binnall echoed this on X this month. “No one pardoned can refuse to testify based on the Fifth,” he wrote, calling it “great news” for probes. Congress—GOP-led since January—has 85 subpoenaed witnesses in 2025 already, per House records; Fauci and Cheney could join that list. Binnall’s blunt: lying under oath isn’t pardoned—18 U.S.C. §1621, perjury, carries five years—and that’s a live wire these folks can’t dodge.
Backfire Risks and DC’s Bias Dilemma
Taibbi sees two paths: either Biden’s team botched this, exposing allies to scrutiny, or there’s a deeper mess we don’t yet see. “It’s illogical unless something big’s at stake,” he told Carlson, hinting at crimes beyond what’s public—like Fauci’s $400 million NIH grants to Wuhan labs or Cheney’s Jan. 6 panel pushing 1,200 prosecutions. The pardons cover “potential offenses” from 2021–2025, per Biden’s order, but not future lies. That gap’s a chasm—Congress can ask anything, and 2024’s 67 contempt cases show they’ll pounce.
Binnall flagged a hurdle: D.C.’s courts. “DC won’t convict partisan leftists,” he posted, a nod to its 92% Democratic lean—Biden won 93% there in 2020. Only 3% of federal perjury cases stuck in D.C. last year, per DOJ data, versus 15% elsewhere. Kurt Schlichter, a retired Army lawyer, offered a fix on X: “Take this show on the road—D.C.’s biased.” He’s got a point—move hearings to, say, Ohio (52% Trump in 2020), and perjury sticks better; 12% conviction rate there. Relatable stakes: a D.C. juror might shrug at Fauci; a Dayton one won’t.
Others pardoned amplify the stakes. Gen. Mark Milley, ex-Joint Chiefs chair, got one—his 2021 calls to China, skirting Trump, sparked “treason” cries; 62% of GOP voters still fume, per a 2024 poll. Jan. 6 committee members—nine total—also scored pardons, their 800-page report fueling 1,200 arrests. Trump, signing orders last month, vented: “Cheney’s a disaster—crying lunatic. Why help Milley?” He’s got skin in this—his base, 74 million strong, sees pardons as a Biden jab.
Trump’s Reaction and Broader Implications
Trump didn’t mince words from the Oval Office last month, slamming Biden’s move. “Joe pardoned people guilty of bad crimes—like the unselect committee,” he told reporters, tying it to Jan. 6’s fallout—$2.7 billion in damages, 140 cops hurt. “Why help them?” he pressed, singling out Cheney’s tears and Milley’s critique of his first term. It’s personal—Cheney’s 2022 primary loss (66% to 29%) was Trump’s revenge; Milley’s exit left 35% of vets sour, per a VA survey.
This isn’t just a spat—Congress could act. The House GOP’s probed Fauci’s NIH since 2023—$710 million in grants flagged; 45% went overseas, per budget docs. Cheney’s panel pushed 18 U.S.C. §2383 charges—insurrection—on Trump, netting zero convictions but 1,200 pleas. Milley’s China chats? A 2021 book claimed he feared Trump’s nukes—45% of officers backed him, per a poll, but Congress wants logs. Pardons don’t touch perjury—five-year max—and GOP’s 53-47 Senate edge means subpoenas fly.
It’s a real-world mess. My uncle, a retired cop in Philly, says lying to feds lands you in cuffs—$5,000 bond, six months if lucky. Fauci’s 27 Capitol Hill trips since 2020 dodged hard hits—Fifth saved him. Now? He talks or risks contempt—2024’s 67 cases averaged $8,000 fines. Cheney’s 2021 vote to impeach Trump (87% GOP nay) and Milley’s 2020 Lafayette Square flak—60% of vets split—mean they’ve got baggage. Pardons might’ve aimed to shield, but they’ve cracked the door open.
Our Take
Biden’s pardons for Fauci, Cheney, and Milley are a misstep—Taibbi’s right, they’ve yanked the Fifth, leaving these folks naked before Congress. GOP’s got 53 Senate seats, 85 subpoenas out—Fauci’s $710 million NIH deals, Cheney’s 1,200 Jan. 6 scalps, Milley’s China calls are fair game. Perjury’s unpardonable—five years per lie—and D.C.’s bias (3% conviction rate) won’t save them if Schlichter’s roadshow hits Ohio (12%). This isn’t cover; it’s a spotlight—$2.7 billion in Jan. 6 damage demands answers.
Still, it’s dicey. D.C.’s 92% blue tilt means juries might shrug—67 contempt cases last year, only 8 stuck. Serious crimes—Wuhan’s $400 million, Milley’s “treason”—need hard proof; pardons hint at it, but 60% of probes fizzle without docs, per DOJ stats. Trump’s rage—74 million voters behind him—fuels this, but Congress must nail it—subpoenas, not soundbites. Biden’s gamble could unravel secrets or just clog courts—either way, the truth’s closer, and that’s no small thing.
