In a last-minute decision, President Joe Biden issued pardons for several high-profile figures, including former Wyoming Republican Congresswoman Liz Cheney and Dr. Anthony Fauci. The pardons, granted in the final days of Biden’s presidency, appear to be a strategic move aimed at shielding these individuals from potential political retaliation by President-elect Donald Trump’s incoming administration.

The recipients of the pardons have been central figures in recent political battles, with Cheney playing a leading role on the January 6th Committee and Fauci serving as the director of the National Institute of Allergy and Infectious Diseases during the COVID-19 pandemic. Biden’s aides have indicated that the pardons were intended to prevent these figures from facing retribution or being targeted by the incoming administration, particularly given the contentious political environment.

However, legal experts have raised concerns that the pardons may not offer the level of protection that Biden’s team expects, particularly in terms of ongoing legal proceedings and potential future testimony. According to federal litigation attorney Jesse Binnall, the pardons do not grant immunity in all circumstances. While the pardons may protect Cheney and Fauci from certain criminal charges, they do not shield them from being compelled to testify under oath if subpoenaed by Congress or in civil and criminal cases.

Binnall, who previously represented former President Donald Trump, made it clear that those pardoned under these circumstances would still be required to testify if called upon, and their Fifth Amendment rights to avoid self-incrimination would not apply. “This is great news for anyone who wants to see them prosecuted,” Binnall wrote on the social media platform X (formerly known as Twitter). He added that any effort to evade testifying by invoking the Fifth Amendment would not be effective, given the pardons.