Some thoughts about the Fauci pardon: Why would a scientist advisor to the President need a pardon?
What Really Caused the COVID-19 Pandemic?
The question of what truly caused the COVID-19 pandemic has once again made headlines in recent weeks and months. A recent report by a House panel that investigated the issue now suggests—with considerable certainty—that the pandemic was caused by an accidental laboratory leak at the Wuhan Institute of Virology in China.¹
This brings renewed attention to a controversial decision made in the final days of the Biden presidency. As one of his last acts in office, President Biden (or whoever was making decisions at the time) issued a presidential pardon for Anthony Fauci, MD, the former director of the U.S. National Institute of Allergy and Infectious Diseases (NIAID). The obvious question is: Why would Fauci need a pardon?
That Fauci repeatedly misled the American public is no longer seriously disputed. But lying to the public doesn’t typically warrant a pardon. Politicians lie all the time, and no one ends up in jail for it. A presidential pardon, by contrast, usually signals concerns about possible criminal prosecution—and often relates to more serious offenses such as corruption, bribery, or financial crimes. (See: Hunter Biden and other members of the Biden family, who also received pardons amid allegations of such misconduct.)
Despite being the highest-paid federal employee in the country at the time (yes, even earning more than the President), there is reason to suspect Fauci could have been involved in financial improprieties. In recent years, investigations have shown that many not-for-profit organizations have served as cash cows for politicians—which partly explains how so many elected officials have quickly amassed wealth despite modest government salaries.
But the most serious financial risk for Fauci may lie elsewhere: in potential civil lawsuits. If it’s confirmed that Fauci—in violation of U.S. law—secretly helped fund SARS-CoV-2 research at the Wuhan Institute of Virology through NIH grants, then he may face personal liability for damages. Such funding has been alleged, and if proven true, it would directly tie him to the lab leak that triggered the global pandemic.
It seems unlikely that Fauci would ever be indicted just for lying to Congress (although many believe he did). Nor does it appear likely that he’ll face criminal charges for having allegedly helped fund dangerous viral research in China. But if congressional hearings confirm that he did fund the Wuhan lab, then every person who suffered from COVID—or lost a loved one—could theoretically sue him for damages.
Because Fauci was acting in his official capacity at NIH, such lawsuits could potentially implicate the U.S. government—and perhaps even the Chinese government, given that the Wuhan Institute is a state-run facility. If liability is proven, we're talking about trillions of dollars in possible damages.
Notably, as many media outlets have pointed out, a presidential pardon has its own disadvantages. One of the biggest is that it disqualifies the recipient from invoking the Fifth Amendment. In other words, Fauci can no longer refuse to testify in court or before Congress on the grounds that his answers might incriminate him. This means we may soon see Fauci called before Congress—without Fifth Amendment protection—and forced to answer questions under oath. If he lies, he risks new criminal charges, as perjury is not covered by the pardon he received.
So, we can expect some very interesting political theater ahead.
Reference
1. Kaiser J. SCIENCEINSIDER, December 3, 2024., https://www.science.org/content/article/house-panel-concludes-covid-19-pandemic-came-lab-leak