Former Wyoming Rep. Liz Cheney, once a prominent figure in the Republican Party, now finds herself in a precarious legal situation after revelations that could force her to testify under oath. Cheney, who famously turned against former President Donald Trump during his first term and even joined then-Vice President Kamala Harris on the campaign trail, might soon face further scrutiny for her role in the January 6th Committee investigation. Despite being granted a preemptive pardon by then-President Joe Biden before he left office, Cheney’s legal protections may not be as secure as once thought.
The controversy surrounding Cheney’s involvement in the January 6th Committee and her outspoken criticism of Trump has become a focal point for Republicans, who are now investigating the actions of the committee under the leadership of House Speaker Mike Johnson (R-La.). This new GOP-led committee is reviewing the findings of the January 6th Committee, which was largely composed of Democrats and chaired by Cheney. The reports and ongoing investigations suggest that the January 6th Committee was criticized for being politically motivated and for allegedly focusing more on blaming Trump than investigating the causes of the Capitol riot itself. Some even accused the committee of hiding evidence that could have painted a more nuanced picture of the events leading up to the riot.
As the former vice-chair of the committee, Cheney’s role in the investigation has made her a controversial figure, especially in light of her consistent criticism of Trump. In a high-profile speech in June 2022, Cheney sharply criticized members of her own party, declaring, “There will come a day when Donald Trump is gone, but your dishonor will remain.” Her harsh words aimed at Trump and many members of her party left a lasting mark, especially among conservatives who now view her as a traitor to the GOP’s cause.
Allegations of Unethical Conduct and Witness Tampering
In December 2024, the House Administration’s Subcommittee on Oversight, led by Rep. Barry Loudermilk (R-GA), released a report that included troubling allegations against Cheney. The report suggested that Cheney be investigated for potential witness tampering, accusing her of engaging in unethical communication with former White House aide Cassidy Hutchinson during the investigation into the January 6th events. These accusations have added to the controversy surrounding Cheney’s actions during her time on the committee and have sparked the interest of Republican lawmakers now in power.
Despite these allegations, Cheney had been granted a preemptive pardon by President Biden just before he left office in January 2021. Biden’s pardon extended to several individuals involved in the January 6th Committee, including Cheney, in an effort to protect them from potential political retaliation by the incoming Republican administration. Biden’s reasoning for the pardon was clear: he stated that it was not an admission of wrongdoing but rather an acknowledgment of the individuals’ public service during the investigation.
The Impact of a Presidential Pardon
While presidential pardons are typically seen as a means of clearing someone’s criminal record or shielding them from future prosecution, there is a significant legal implication tied to such pardons: the recipient of a pardon loses the ability to invoke the Fifth Amendment. The Fifth Amendment guarantees protection against self-incrimination, meaning that individuals can refuse to testify in legal proceedings if their testimony could potentially implicate them in criminal activity. However, once a pardon is granted, the individual can no longer claim the Fifth Amendment privilege, as the pardon removes the legal liability associated with the offense.
This issue becomes crucial in Cheney’s case. If she is subpoenaed by the newly formed subcommittee investigating the January 6th Committee’s actions, she could potentially be forced to testify about her role in the investigation, despite the pardon she received. Legal experts have noted that while the pardon prevents Cheney from being prosecuted for actions related to the January 6th Committee, it does not shield her from having to provide testimony under oath. In fact, her pardon could now make it easier for lawmakers to compel her to testify, as it effectively removes the constitutional protections she might otherwise rely on.
A Potential Backfire for Biden’s Pardon
The decision to issue preemptive pardons to individuals like Cheney, Dr. Anthony Fauci, and others has drawn considerable attention, especially from critics who argue that the pardons were issued to protect individuals who may have engaged in unethical or even criminal conduct. Journalist Matt Taibbi, in an interview with former Fox News host Tucker Carlson, questioned the wisdom of issuing these pardons. He pointed out that, in the long run, they could backfire by making it easier to investigate and expose any potential wrongdoing.
Taibbi explained that once an individual receives a pardon, they lose the ability to claim the Fifth Amendment right against self-incrimination, meaning they must answer questions in legal proceedings. “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 invoke their right against self-incrimination, so they have to say something,” Taibbi explained. He suggested that by granting these pardons, Biden may have inadvertently made it easier for investigators to uncover any wrongdoing, as the recipients are now legally required to testify.
The concern here is that these pardons, intended to protect individuals from future legal challenges, may not only fail to shield them but could instead lead to further scrutiny and more questions about their conduct during the investigation. Taibbi’s comments resonate with some legal experts who believe that Biden’s actions might open the door for greater transparency, potentially exposing details that could have otherwise remained hidden.
Cheney’s Potential Legal Exposure
For Cheney, the implications of Biden’s pardon could be significant. If the new subcommittee decides to subpoena her and she is required to testify, she would be compelled to speak openly about her role in the January 6th investigation. While she may have been shielded from criminal prosecution due to the pardon, the lack of Fifth Amendment protections means that Cheney could be forced to reveal details about her actions, communications, and the decisions she made while serving on the committee.
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