Recently, conservatives on social media have raised concerns that the preemptive pardon granted to Senator Adam Schiff (D-CA) by former President Joe Biden may have unintended consequences. In the closing hours of Biden’s presidency, he issued pardons to several political allies, including Dr. Fauci, General Mark Milley, and members of the former House January 6 Committee, on which Schiff served.
The conversation was sparked when Schiff criticized the Trump administration on X, condemning the full pardons given to approximately 1,500 individuals involved in the January 6 protests. He shared a video of Pam Bondi, the nominee for Attorney General, asserting her commitment to reviewing each case prior to granting pardons. Although Bondi has not yet been confirmed, Schiff contended that there was a lack of “review” and “accountability.”
In response to Schiff’s remarks, a prominent MAGA account on X stated, “Schiff opposed pardons for the January 6 protestors but received one himself for lying about them. Raise your hand ✋ if you want Congress to compel Adam Schiff to testify under oath, now that he cannot invoke the Fifth Amendment…. If he lies, he faces five years in prison.” Observers have noted that pardons can eliminate an individual’s Fifth Amendment right against self-incrimination if they are subpoenaed by Congress.
However, Kimberly Wehle, a law professor at the University of Baltimore, clarified that this situation only arises if the individuals accept the pardons. “The pardons do not affect the Fifth Amendment right to self-incrimination unless they are accepted by the recipient,” Wehle explained to Newsweek, adding, “There is no legal deadline for acceptance. If a pardon is accepted and the recipient is called to testify, it is true that they cannot invoke the Fifth Amendment regarding matters covered by the pardon, as there would be no risk of incrimination.”
Schiff expressed his views on the pardons, characterizing them as both “unnecessary” and “unwise.” He stated, “I maintain that granting pardons to a committee that performed such vital work in upholding the law was unwarranted, and due to the precedent it sets, unwise.” He acknowledged, however, that he comprehends President Biden’s rationale for taking this action, given the ongoing and unfounded threats from Donald Trump and his current law enforcement nominees.
Other members of the January 6 Committee who received pardons, including Rep. Bennie Thompson (D-MS), the committee chair, and former Rep. Liz Cheney (R-WY), the vice chair, also shared their thoughts. In a joint statement released on X, Thompson and Cheney asserted that the pardons were not a result of any legal transgressions but rather a recognition of their commitment to upholding the law.
They remarked, “These are indeed ‘extraordinary circumstances’ when public servants are pardoned to avert wrongful prosecution by the government for their diligent efforts as Members of Congress to reveal the truth behind a prolonged criminal endeavor aimed at undermining the voters’ will following the 2020 elections, which included inciting a violent insurrection to disrupt the peaceful transfer of power.”
