Biden’s preemptive pardon of Fauci raises ethical and constitutional concerns

By willowt // 2025-01-22

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President Joe Biden issued a preemptive pardon to Dr. Anthony Fauci, former NIAID director, on his final day in office, sparking outrage and ethical concerns.
Critics argue that the pardon shields Fauci from potential investigations and obstructs the pursuit of truth regarding the origins of the COVID-19 pandemic.
The controversy centers on Fauci's role in funding research, including gain-of-function studies in Wuhan, China, which some believe may have contributed to the pandemic.
The pardon is seen as a dangerous precedent, potentially undermining the principle of accountability in a democracy.
Calls for transparency and accountability continue, with lawmakers and scientists demanding the release of documents related to the DEFUSE grant and its funding.

In a move that has sparked outrage and raised serious ethical questions, President Joe Biden issued a preemptive pardon to Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases (NIAID), on his final day in office. The pardon, which also extended to retired Gen. Mark Milley and members of the House Jan. 6 committee, has been criticized as an unprecedented and potentially dangerous use of executive power. Critics argue that the pardon not only shields Fauci from potential investigations but also obstructs the pursuit of truth regarding the origins of the COVID-19 pandemic.

Pardon without precedent

The pardon of Fauci is particularly controversial because it was issued preemptively, before any formal charges or investigations could be completed. Unlike traditional pardons, which are typically granted after a conviction or trial, Biden’s action appears designed to prevent any future legal scrutiny of Fauci’s actions during his tenure at NIAID. The pardon states that it aims to protect individuals from “baseless and politically motivated investigations” that could damage reputations and finances, even if they are ultimately exonerated. This rationale has drawn sharp criticism from legal experts and lawmakers. Senator Rand Paul (R-KY), a vocal critic of Fauci, called the pardon “an affront to justice and transparency.” Paul has previously referred Fauci to the Department of Justice for perjury, alleging that Fauci lied under oath about NIAID’s funding of gain-of-function research in Wuhan, China. “This pardon is not about clemency,” Paul said. “It’s about covering up the truth.”

Shadow of gain-of-function research

At the heart of the controversy is Fauci’s role in funding research that many believe may have contributed to the COVID-19 pandemic. In 2018, a group of scientists from the U.S., Singapore and Wuhan submitted a grant proposal, known as the DEFUSE grant, to the Defense Advanced Research Projects Agency (DARPA). The proposal outlined plans to modify a bat coronavirus in ways that could enhance its transmissibility to humans. DARPA rejected the proposal due to its high-risk nature, but in 2019, Fauci’s NIAID funded the same group of scientists. Later that year, SARS-CoV-2, the virus responsible for COVID-19, emerged in Wuhan with genetic features strikingly similar to those proposed in the DEFUSE grant. Critics argue that this raises serious questions about whether the pandemic was the result of laboratory research gone awry. “The evidence points overwhelmingly to a lab origin,” said one scientist familiar with the research. “The odds of these genetic features occurring naturally are astronomically low.” Congressional investigations into NIAID’s activities have been hampered by allegations of obstruction. Emails obtained through Freedom of Information Act (FOIA) requests reveal that NIAID officials may have deliberately destroyed or redacted documents related to the DEFUSE grant. Fauci’s former right-hand man, David Morens, has been accused of aiding the scientists involved in the grant as they navigated disciplinary measures at NIH and NIAID.

Dangerous precedent

Biden’s preemptive pardon of Fauci has been compared to President Gerald Ford’s pardon of Richard Nixon in 1974. However, there is a critical difference: Nixon’s pardon came after the full extent of his wrongdoing in the Watergate scandal had been revealed. In contrast, Fauci’s pardon comes before the truth about NIAID’s activities has been fully uncovered. “This is not a pardon; it’s obstruction,” said one legal scholar. “It prevents the American people from learning the truth about what may have caused the worst pandemic in a century.” The pardon also sets a troubling precedent for future administrations. By shielding individuals from potential investigations, Biden has effectively undermined the principle of accountability that is central to a functioning democracy. “If presidents can pardon people preemptively, what’s to stop them from using this power to protect their allies from any legal consequences?” asked one constitutional expert.

Fight for transparency

The Biden administration’s decision to pardon Fauci has only intensified calls for transparency and accountability. Lawmakers and scientists alike are demanding that NIAID release all documents related to the DEFUSE grant and its funding of research in Wuhan. “We need to know the truth,” said Senator Paul. “The American people deserve to know whether their tax dollars funded research that led to the deaths of millions.” For now, the pardon stands as a stark reminder of the ethical and constitutional challenges posed by the use of executive power. As the nation grapples with the aftermath of the COVID-19 pandemic, the pursuit of truth remains as important as ever. “This is not just about Fauci,” said one critic. “It’s about ensuring that no one is above the law, and that the truth, no matter how inconvenient, is never buried.” In the end, Biden’s preemptive pardon may have shielded Fauci from legal consequences, but it has also cast a long shadow over his legacy—and over the integrity of the American justice system. Sources include: Brownstone.org APNews.com FoxNews.com