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Ciara O'Rourke
By Ciara O'Rourke January 30, 2025

No, a judge didn’t declare former President Joe Biden’s pardons unconstitutional

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  • This claim originated on a self-described satire site. It’s not true. 

Recent social media posts have shared what’s framed as a "breaking news" update that appears to undermine some of former President Joe Biden’s pardons before he left office Jan. 20. 

"Biden pardons are unconstitutional!" a Jan. 24 Instagram post said. "7th Circuit Court Judge Joseph Barron ruled that there is no provision to pardon someone who hasn’t been formally charged, laying the foundation to have the pardons expunged."

The post included images of former Rep. Liz Cheney, R-Wyo., and Sen. Adam Schiff, D-Calif., who were members of the U.S. House Select Committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol; retired U.S. Army Gen. Mark Milley;  and former White House medical adviser Dr. Anthony Fauci. 

This post was flagged as part of Meta’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta, which owns Facebook, Instagram and Threads.)

Biden issued preemptive pardons for Milley, Cheney, Schiff and Fauci, but claims that a Judge Joseph Barron ruled them unconstitutional originated on a self-described satire page.

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On Jan. 21, America’s Last Line of Defense posted the exact claim and same images on its Facebook account, which notes that "nothing on this page is real." 

The post itself also includes a "satire" label that’s absent from other social media posts, such as this Instagram post, that have shared the claim. 

One big clue that this isn’t authentic news? There’s no Judge Joseph Barron on the U.S. Court of Appeals for the 7th Circuit.

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That purported person is a recurring character in fabricated posts on the America’s Last Line of Defense Facebook page. On Jan. 27, for example, a post claimed U.S. Solicitor General Joe Barron said, "Biden’s pardons are illegal and will be nullified by the court." 

On Jan. 22, a post said, "Professor Joe Barron, with a PhD in Constitutional Law, agrees that a person who hasn’t been charged can’t be pardoned."

But we also found no evidence, such as news reports or court filings, that any real judge ruled on the constitutionality of Biden’s pardons. 

We rate claims that a judge found Biden’s pardons unconstitutional False.

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No, a judge didn’t declare former President Joe Biden’s pardons unconstitutional

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