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Fauci could still face legal troubles despite Biden’s backdated pardon
By isabelle // 2025-01-23
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  • Biden issued a preemptive pardon for Dr. Anthony Fauci, shielding him from COVID-19-related criminal prosecution, backdated to 2014.
  • The pardon has sparked criticism, with concerns about its timing and intent, particularly its link to U.S.-funded research in Wuhan.
  • Fauci remains under scrutiny for alleged perjury, controversial research funding, and contradictory statements about COVID-19’s origins.
  • The backdated pardon raises questions about accountability for gain-of-function research and Fauci’s role in the pandemic.
  • Public trust in Fauci has eroded due to shifting narratives, private email use, and Biden’s controversial pardon.
Former President Joe Biden issued a preemptive pardon for Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases (NIAID), shielding him from potential criminal prosecution related to his role in the COVID-19 pandemic. The pardon, backdated to 2014, has sparked widespread criticism and questions about its timing and intent. While the clemency protects Fauci from immediate legal consequences, it does not absolve him of ongoing investigations or public accountability for his actions during the pandemic. The pardon, announced just days before Biden left office, covers any COVID-related offenses and is retroactive to 2014 — the year the U.S. implemented a ban on so-called "gain-of-function" virus research. Critics argue that the backdating is suspicious as it coincides with the start of U.S.-funded research at the Wuhan Institute of Virology (WIV), which some believe may have contributed to the pandemic.

Legal jeopardy persists

Despite the pardon, Fauci remains under scrutiny for alleged perjury and his involvement in controversial research. Sen. Rand Paul (R-KY) and other Republican lawmakers have vowed to continue investigating Fauci’s role in funding gain-of-function research at the WIV. Jason Foster, a former Senate investigator and founder of Empower Oversight, noted that the pardon eliminates Fauci’s ability to invoke the Fifth Amendment in future hearings. “They can ask him if he lied before, replough old ground,” Foster said. “And if he lies about any prior lie, he can be prosecuted for that or held in contempt.” Fauci’s contradictory statements about the origins of COVID-19 have also drawn criticism. In early 2020, he dismissed the lab-leak theory as a “conspiracy theory,” only to later claim he had always kept an “open mind.” Emails released by Congress reveal Fauci’s involvement in the “proximal origin” paper, a March 2020 study that dismissed the possibility of a lab accident. Under oath, Fauci admitted to reviewing drafts of the paper, contradicting his earlier claims to the media.

Backdating the pardon a red flag?

The decision to backdate the pardon to 2014 has raised eyebrows. It suggests Biden is attempting to shield Fauci from accountability for his role in funding gain-of-function research in Wuhan. “This pardon means he can no longer be brought to justice,” said an adviser to the Trump transition team. “But it guarantees he will be further exposed.” The 2014 date coincides with the start of a $3.7 million NIH grant to EcoHealth Alliance, a U.S.-based nonprofit that subcontracted research to the WIV. While Fauci has denied funding gain-of-function research, documents show the experiments involved modifying coronaviruses to make them more infectious — a practice that aligns with broader definitions of gain-of-function research.

Public trust in Fauci is dwindling

Fauci’s shifting narratives and Biden’s preemptive pardon have deepened public distrust. “If there was ever any doubt as to who bears responsibility for the COVID pandemic, Biden’s pardon of Fauci forever seals the deal,” Sen. Paul said. The pardon also fails to address allegations that Fauci misled Congress about his use of private email for official business. Emails obtained by watchdog groups show Fauci communicated with reporters and colleagues through private channels, contradicting his sworn testimony. While Biden’s pardon may protect Fauci from criminal charges, it does little to restore public confidence in the institutions tasked with safeguarding public health. As investigations into the origins of COVID-19 continue, Fauci’s legacy remains under a cloud of suspicion. The pardon, far from exonerating him, has only fueled questions about what Biden and Fauci are trying to hide. Sources for this article include: RealClearInvestigations.com Newsweek.com WashingtonExaminer.com
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