Cheney, Others Biden Pre-Emptively Pardoned Can Still Be Forced To Testify: Experts
Charlie Kirk Staff
01/30/2025
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Liz Cheney, once a leading Republican critic of President Donald Trump, may soon find herself at the center of a new political and legal battle.
The former Wyoming congresswoman, who served as vice chair of the original House Select Committee investigating the events of January 6, 2021, could be called to testify before a newly established House Republican subcommittee.
While congressional subpoenas and investigations are standard oversight tools, Cheney’s case is particularly notable given her recent pardon by former President Joe Biden.
House Speaker Mike Johnson (R-LA) announced the formation of the subcommittee, which aims to reexamine the events leading up to and following January 6, as well as the conduct of the previous investigation.
In December 2024, the House Administration’s Subcommittee on Oversight, led by Rep. Barry Loudermilk (R-GA), released a report recommending an investigation into Cheney for alleged witness tampering. The report accused her of improperly influencing testimony from former White House aide Cassidy Hutchinson during the original January 6 investigation.
On January 20, just before leaving office, Biden issued preemptive pardons to members of the January 6 Committee, including Cheney, in an effort to shield them from potential political retribution by the incoming Trump administration.
Biden, in a statement, insisted that the pardons were not an admission of wrongdoing but rather a recognition of their “public service.”
However, legal experts have pointed out that presidential pardons remove the recipient’s ability to invoke the Fifth Amendment against self-incrimination for the pardoned offenses.
The 1896 Supreme Court case Brown v. Walker set a precedent that once pardoned, individuals can no longer refuse to testify on those matters. This could leave Cheney with no legal avenue to avoid answering questions if compelled to testify before the new Republican-led subcommittee, according to several legal experts.
Journalist Matt Taibbi said he has spoken to many of them during an interview with former Fox News star Tucker Carlson on his podcast earlier this. “The thing is, about these pardons, they’re a mistake. If you want to know what’s happening, they just made it a lot easier for us to find out,” Taibbi said regarding suspicions that the pardons were aimed at covering up some form of criminal activity.
After Carlson asked for an explanation, Taibbi said that according to legal experts he has spoken with, the pardons would not, for instance, allow the recipients to plead the Fifth Amendment if Congress called them to testify.
“Now, once the pardon’s delivered, the person can’t plead the Fifth. If they are brought before a grand jury, they can’t take the Fifth anymore, or if they’re brought before a congressional committee, they can’t evoke their right against self-incrimination, so they have to say something,” the journalist explained.
“And this is what’s so interesting because I’ve been talking to criminal defense attorneys, people who are former Senate investigators, some current Senate investigators, and they all kind of said the same thing,” he said. “It’s so illogical to give somebody a pardon if you’re trying to cover up things that the only reason you would really do it is if there are very serious crimes involved, right?
“So that’s a red flag for us. When we see somebody getting a pardon, we think, well, why would they do that unless there’s something really bad there, right?” Taibbi said. “So either it’s a mistake where they just stupidly made It easier for everybody to investigate, or there’s something we don’t know about [and] that is interesting.”