Biden issues last-minute pardons for people who could become targets under Donald Trump

With only hours left in his administration, Joe Biden pardoned five of his relatives, Dr Anthony Fauci, Mark Milley and those who investigated January 6 Capitol attack

President Joe Biden has only hours left in office before Donald Trump takes over at noon on Monday. AP

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President Joe Biden issued last-minute pardons on Monday, using the powers of his office to guard against what he called potential “revenge” from the incoming Donald Trump administration.

With only hours left in the White House, Mr Biden issued pre-emptive pardons for five members of his family, citing “unrelenting attacks” from Mr Trump and his allies.

The list includes his brother, James, and his wife, Sara; his sister, Valerie, and her husband, John Owens and his other brother, Francis.

“My family has been subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me – the worst kind of partisan politics,” Mr Biden said in a statement. “Unfortunately, I have no reason to believe these attacks will end.”

Earlier on Monday morning, Mr Biden issued pardons for Anthony Fauci, retired army general Mark Milley, as well members of the House of Representatives committee that investigated the January 6, 2021, attack on the Capitol.

“The issuance of these pardons should not be mistaken as an acknowledgement that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offence,” Mr Biden said in a statement. “Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”

The decision comes as many worry that Mr Trump will seek revenge on those who have opposed him politically or sought to hold him accountable for his alleged efforts to overturn the results of the 2020 election.

Mr Trump has said he would pardon those charged in the Capitol attack.

Dr Fauci was director of the National Institute of Allergy and Infectious Diseases during Mr Trump's first term and became the face of the US response to the Covid pandemic. He later served as Mr Biden's chief medical adviser until 2022. He often was at odds with Mr Trump and has come under intense criticism from conservatives who opposed mask and vaccination mandates.

L-R: Chairman of the Joint Chiefs of Staff Mark Milley, Senator Adam Schiff, Dr Anthony Fauci and former representative Liz Cheney. AFP

Gen Milley, former chairman of the Joint Chiefs of Staff, was also often at odds with Mr Trump and has criticised his conduct on January 6. He has also called him a fascist.

Departing American presidents are able to issue pardons and clemency, but those are usually reserved for people who have committed crimes. Last month, Mr Biden pardoned his son, Hunter, sparing him conviction or prison time over federal felony gun and tax convictions.

It remains unclear whether those pardoned on Monday will need to apply for the clemency or whether they will accept the pardons, which usually imply an admission of guilt.

“These are exceptional circumstances, and I cannot in good conscience do nothing,” Mr Biden said in the statement. “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.”