Tom Fitton, president of Judicial Watch, joined Steve Bannon on WarRoom on Tuesday to discuss the complexities of blanket pardons, the pursuit of justice, and high-profile cases like Ashley Babbitt’s death. Fitton began by critiquing last-minute pardons issued by presidents, calling them "irrelevant” and "illegal” if not delivered or detailed correctly. "Blanket pardons are constitutionally unprecedented,” Fitton explained, emphasizing their lack of specificity and potential nullity under the Constitution.
Bannon pressed Fitton to clarify the process of handling such pardons. Fitton argued that the Justice Department or Defense Department could challenge their validity. He pointed out similar issues arose during the Clinton administration when last-minute pardons were contested. Fitton stated, "President Trump can direct his attorneys to stop any work on these pardons,” noting that the lack of details on January 6-related pardons, for instance, made them legally unenforceable.
Fitton highlighted that blanket pardons contradict constitutional norms and common law principles. He suggested a bold step to test their validity: recalling General Mark Milley to active duty and court-martialing him under the Uniform Code of Military Justice. "Let Milley use the pardon as part of his defense,” Fitton proposed, questioning whether pardons could even cover military tribunals.
Bannon pivoted to high-profile cases, including Dr. Anthony Fauci and Milley, urging Fitton to outline how to proceed with investigations despite pardons. Fitton stressed, "These pardons don’t stop criminal investigations. Let the courts decide their validity.” He also pointed to the potential for overreach, cautioning against presuming pardons could cover crimes as vague as "unknown offenses.”
The discussion shifted to the tragic case of Ashley Babbitt. Fitton underscored the importance of seeking justice for her family, who filed a $30 million lawsuit against the federal government. He criticized the federal government’s defense of Lt. Michael Byrd, who fatally shot Babbitt during the Capitol riot, calling the incident "a needless shooting.” Fitton stated, "If I were President Trump, I’d prioritize this case and settle it favorably for the family.”
Bannon praised Fitton as a relentless advocate for justice, dubbing him the "people’s Justice Department.” He lauded Judicial Watch’s efforts to expose government misconduct, especially during the Obama years. "Tom Fitton and his team are the least self-promotional warriors we have,” Bannon said, emphasizing their pivotal role in challenging the establishment.
The conversation concluded with a focus on the broader implications of pardons and executive orders (EOs). Fitton commended recent EOs addressing birthright citizenship, arguing they reflect constitutional principles. He said, "The President has the right to interpret the law as he sees fit under the Constitution.” Bannon agreed, highlighting how these initiatives could reshape policy and governance.
Watch the full interview from Tuesday: