As his time in office drew to a close, former President Joe Biden issued a flurry of pardons to members of his family and a group of high-profile Democrats.

While Biden said the move was needed to protect them from legal "threats and intimidation," some believe it could ultimately backfire. 

Recipients include Gen. Mark Milley and Dr. Anthony Fauci

According to the Daily Caller, that suggestion was put forward on Monday by podcast host Megyn Kelly, who noted that the pardon recipients included Gen. Mark Milley and Dr. Anthony Fauci.

"By the way, the pardons go back, especially Fauci, go back to 2014. It starts in 2014 [and goes] forward. What the hell was he doing in 2014?" Kelly asked.

"It's because he funded gain-of-function research. It's because he was behind the problem that caused the damn pandemic," she continued.

Kelly was referring to allegations made by Kentucky Republican Sen. Rand Paul and others that Fauci illegally funded gain-of-function research in China during his time as head of the National Institutes of Health.

Research carried out at the Wuhan Institute of Virology is believed to have created the COVID-19 virus which subsequently became a global pandemic.

Pardons could affect ability to plead Fifth Amendment rights

However, Kelly then remarked that the pardons carry a "silver lining" since they mean recipients can no longer plead their Fifth Amendment rights as a way to avoid answering questions.

That contention was echoed by Texas Republican Rep. Chip Roy in a social media post on Monday. He wrote, "Implication is that they needed the pardons."

Implication is that they needed the pardons… So, let’s call them all before Congress and demand the truth. If they refuse or lie - let’s test the constitutional “reach” of these pardons with regard to their future actions. https://t.co/Cu12JRTFhg

— Chip Roy (@chiproytx) January 20, 2025

"So, let’s call them all before Congress and demand the truth. If they refuse or lie - let’s test the constitutional 'reach' of these pardons with regard to their future actions," he added.

Legal experts question Fifth Amendment implications

What's more, House Oversight Committee Chairman James Comer made similar comments about Hunter Biden after he received a pardon late last year.

However, some legal experts have countered that receiving a presidential pardon does not necessarily negate the right not to incriminate oneself.

This is because a president's power to pardon is only limited to federal offenses and does not include crimes committed under state law.