Cheney Could Be Forced To Testify Despite Pre-Emptive Biden Pardon

Liz Cheney Could Be Forced to Testify Despite Biden Pardon, Legal Experts Warn

Former Wyoming Rep. Liz Cheney — once a staunch Republican who famously broke ranks to oppose then-President Donald Trump — may soon find herself under oath before a GOP-led House committee, despite being granted a preemptive pardon by President Joe Biden.

After securing a narrow majority last month, House Republicans, under the leadership of Speaker Mike Johnson (R-La.), wasted no time forming a new investigative committee. Its mission: to scrutinize the controversial January 6 Committee, which Cheney co-chaired alongside a panel largely handpicked by then-Speaker Nancy Pelosi. Over the past two years, revelations have painted the January 6 probe as deeply politicized, appearing more focused on targeting Trump than on providing a full and honest account of the Capitol riot.

Throughout the proceedings, Cheney became a central and vocal figure, delivering stinging rebukes of Trump — including her memorable warning in June 2022: “There will come a day when Donald Trump is gone, but your dishonor will remain.”

In a bombshell December 2024 report, the House Administration’s Subcommittee on Oversight, led by Rep. Barry Loudermilk (R-GA), accused Cheney of possible witness tampering. The report detailed alleged unethical communications between Cheney and former White House aide Cassidy Hutchinson during the investigation.

Sensing political danger for key January 6 Committee members, President Biden issued sweeping preemptive pardons just before leaving office on January 20 — including one for Cheney. He framed the move as protecting public servants from political vengeance, not as an admission of guilt. However, the pardon carries a serious legal side effect: it eliminates Cheney’s ability to invoke the Fifth Amendment right against self-incrimination.

Legal scholars point to a critical precedent: the 1896 Supreme Court case Brown v. Walker, which makes clear that once pardoned, an individual can no longer refuse to testify on grounds of self-incrimination. In Cheney’s case, this means that if she’s subpoenaed by the new Republican-led subcommittee, she could be legally compelled to testify in full about her actions during the January 6 investigation.

The Cowboy State Daily first broke the story, highlighting the precarious legal ground Cheney now stands on.

Investigative journalist Matt Taibbi weighed in during a recent appearance on Tucker Carlson’s podcast, suggesting that Biden’s preemptive pardons for Cheney, Dr. Anthony Fauci, and others could spectacularly backfire.

“The thing about these pardons is, they’re a mistake,” Taibbi said. “If you want to know what’s happening, they just made it a lot easier for us to find out.”

Taibbi, citing conversations with criminal defense lawyers and Senate investigators, emphasized that those who accepted pardons cannot plead the Fifth and could face serious consequences if caught lying under oath.

“It’s so illogical to hand out pardons if you’re trying to hide something, unless… very serious crimes are involved,” Taibbi said.

Now, with Cheney’s potential testimony looming, the fallout from the January 6 saga may be far from over — and the battle over truth, loyalty, and accountability in Washington could soon reach a new and explosive chapter.