The presidential pardon granted to Dr. Anthony Fauci has stirred a complex legal debate on its impact amidst ongoing state investigations concerning COVID-19 management.
Biden’s Preemptive Pardons
President Joe Biden issued preemptive pardons for numerous individuals, including Dr. Fauci and retired Gen. Mark Milley, before President-elect Donald Trump took office. The decision follows Biden’s efforts to protect individuals he considers to be at risk of politically motivated prosecutions. The controversial move also includes pardons for members and staffers of the Jan. 6 committee and Biden’s family members amid heavy scrutiny for pardoning his son, Hunter Biden.
CORRUPTION: Anthony Fauci received a federal pardon from President Biden, but this does not mean he's out of legal scrutiny. – via @ElijahSchaffer
The pardon, while protective against federal charges, does not extend to state or local prosecutions where Fauci could still face… pic.twitter.com/ovKVLnYdds
— The Vigilant Fox 🦊 (@VigilantFox) January 24, 2025
Among the dissatisfied voices was Donald Trump, who dismissed the pardons as disgraceful, accusing the recipients of significant crimes. Biden’s justification rests on honoring public servants’ dignity and careers. Meanwhile, Milley and Fauci expressed their gratitude, with Fauci maintaining innocence and dismissing threats against him as baseless.
WOW. Biden issues pre-emptive pardons for Fauci, Milley, Liz Cheney, Capitol riots investigators and others.
Statement from President Joe Biden
Our nation relies on dedicated, selfless public servants every day. They are the lifeblood of our democracy.
Yet alarmingly,…
— Antonello Guerrera (@antoguerrera) January 20, 2025
State Investigations into Fauci
Dr. Fauci’s pardon garners explicit attention due to ongoing state-level allegations. The Vires Law Group pursues investigations for violations of state criminal codes involving COVID-19 treatments. Legal briefs were submitted to various state attorneys general in response to public concern over the use of Remdesivir in hospitals, a drug associated with high mortality rates during the pandemic. Dr. David Martin provided testimony on its toxicity before the Oklahoma legislature.
“The President’s authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States.” – Office of the Pardon Attorney, U.S. Department of Justice.
Sen. Rand Paul remains outspoken, insisting on further probes into Fauci’s roles amid the pandemic. The federal pardon, while significant, does not prevent state law prosecutions if evidence of wrongdoing is found. This legal disparity highlights jurisdictional conflicts and questions the balance between state powers and federal pardoning authority.
Implications and Future Concerns
Though sparking fierce criticism, Biden’s unprecedented batch of pardons underscores the tense political climate concerning the nation’s COVID-19 response. The “slate-cleaning” acts are cautiously described as a measure against potential prosecution from an incoming Trump administration. Critics argue it sets a risky precedent for dealing with political adversaries through presidential clemency.
“The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.” – Biden.
The debate around the reach of pardons versus state accountability frameworks prompts discussions among legal scholars and lawmakers about preserving justice and lawful oversight. Citizens are urged to stay vigilant and voice their concerns by contacting state lawmakers, ensuring transparency and accountability are upheld even under the protective shroud of federal pardons.
Sources:
https://www.thegatewaypundit.com/2025/01/anthony-faucis-presidential-pardon-versus-state-crimes/