Despite receiving a preemptive pardon from former President Joe Biden, former Wyoming Republican Representative Liz Cheney, who campaigned alongside then-Vice President Kamala Harris and opposed then-President Donald Trump during his first term, may still be required to testify under oath before a GOP-led House committee.
Following their narrow majority loss last month, Republicans established a new committee to investigate the operations of the January 6 Committee, with Cheney serving as co-chair. This panel is primarily composed of Democrats selected by then-Speaker Nancy Pelosi of California, at the direction of House Speaker Mike Johnson (R-La.).
Recent reports have suggested that the January 6 Committee was more focused on political agendas than on understanding the causes of the January 6, 2021, riot at the U.S. Capitol. Allegations have emerged that committee members concealed evidence to shift blame onto Trump.
Throughout the committee’s proceedings, Cheney was vocal in her criticism of Trump, famously stating in a June 2022 speech, “There will come a day when Donald Trump is gone, but your dishonor will remain.”
In December 2024, the Subcommittee on Oversight of the House Administration, led by Representative Barry Loudermilk (R-GA), released a report recommending an investigation into Cheney for potential witness tampering. The report accused her of unethical communications with Cassidy Hutchinson, a former White House aide.
On January 20, shortly before leaving office, Biden granted preemptive pardons to members of the January 6 Committee, including Cheney, to shield them from potential political repercussions from the incoming administration. Biden characterized these pardons as a recognition of their service rather than an admission of wrongdoing.
However, legal experts have highlighted a significant drawback of presidential pardons: they strip the pardoned individual of the Fifth Amendment’s protection against self-incrimination. The Fifth Amendment prohibits individuals from being compelled to testify against themselves in criminal cases. A Supreme Court case from 1896, Brown v. Walker, established that once a pardon is granted, the recipient can no longer claim this privilege, as the pardon effectively removes the criminal liability associated with the offense.
The Cowboy State Daily was the first to report on Cheney’s potential legal challenges and how the presidential pardon might impact her ability to avoid testifying if subpoenaed by the new subcommittee.
In a recent interview with former Fox News host Tucker Carlson, journalist Matt Taibbi suggested that Biden’s preemptive pardons for Cheney, Dr. Anthony Fauci, and others could backfire in certain situations. He noted that the way these pardons were issued might inadvertently facilitate investigations into their actions.
Taibbi remarked, “If you want to know what’s happening, they just made it a lot easier for us to find out,” referring to the implications of the pardons. He indicated that if Cheney or others were found to have lied under oath, the pardons would not protect them or allow them to invoke the Fifth Amendment.
Once a pardon is granted, individuals can no longer claim Fifth Amendment rights if called before a grand jury or congressional committee. Taibbi explained, “They must speak up because they are unable to exercise their Fifth Amendment rights.”
He added that discussions with criminal defense lawyers and Senate investigators revealed a consensus: “Granting a pardon to someone who is attempting to conceal something is so irrational that you would only do it in the event of extremely serious crimes, isn’t that right?”
