Republican Officials Vow Legal Action Against Fauci Despite Biden Pardon

Dr. Anthony Fauci

Coverage spread: 2 sources — 1 center · 1 right

Lean ratings via AllSides / Media Bias-Fact-Check. How this works.

Where they agree

  • Fauci invoked the Fifth Amendment 111 times during his Senate testimony.
    Biden issued Fauci a blanket pardon before leaving office, which is central to the dispute over his refusal to answer questions.
    Sen. Tommy Tuberville argues that state-level prosecution of Fauci remains possible because a presidential pardon only covers federal offenses.
    Rand Paul’s committee released over 1,100 pages of Fauci’s personal diary entries covering 2019–2022.

Where they differ

  • Fox News’s news story emphasizes the legal threat from Alabama and Florida officials, including Tuberville’s specific death-toll claims and threats to bring Fauci to Montgomery.
    Fox News’s opinion piece pivots to media-bias criticism, alleging broadcast networks suppressed diary revelations and coddled Fauci during the hearing.
    The opinion piece highlights Fauci’s personal friendships with journalists like Jake Tapper, a detail absent from the news-focused article on state prosecution threats.
    The Hill’s linked article appears to address a different topic (classified materials) and offers no direct coverage of the Fauci hearing itself, making its relevance to this story unclear.

What happened at the hearing

Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases, invoked his Fifth Amendment right against self-incrimination 111 times during a Senate hearing examining the government’s COVID-19 pandemic response. The hearing, overseen by Sen. Rand Paul’s committee, followed the release of more than 1,100 pages of Fauci’s personal diary entries, written on a government computer and spanning 2019 to 2022, which Paul made public in late July.

The pardon dispute

Fauci’s repeated use of the Fifth Amendment became a flashpoint because former President Joe Biden issued him a blanket pardon before leaving office. Sen. Josh Hawley, R-Mo., argued during the hearing that the pardon removed Fauci’s federal criminal exposure for the conduct in question, and therefore undercut his legal justification for refusing to answer questions. Sen. Tommy Tuberville, R-Ala., picked up on that argument and told Fox News Digital that a presidential pardon, under the Constitution, only covers “offenses against the United States” and cannot shield Fauci from prosecution under state law.

State-level threats from Alabama and Florida

Building on that constitutional distinction, officials in Alabama and Florida signaled interest in pursuing Fauci through state legal channels for his handling of the pandemic response. Tuberville, who is running to succeed term-limited Alabama Gov. Kay Ivey this November, said that if elected he would look for ways to hold Fauci accountable for Alabama residents who died during the pandemic, which he put at 20,000 to 30,000 deaths in the state alone. He said he would order Fauci to appear in Montgomery as many times as necessary to face state charges and separately told Newsmax that Fauci “should be locked up” before leaving Capitol Hill. He also encouraged individual Alabamians to file civil lawsuits against Fauci, saying he hoped “every damn one” of the families who lost someone would sue. Florida Attorney General James Uthmeier was also named as part of the state-level response, though the specifics of any Florida investigation were not detailed beyond his office’s broader involvement in state legal matters.

What the diary entries revealed

Separate from the courtroom fight, the diary pages themselves generated controversy. According to excerpts cited in commentary on the story, Fauci acknowledged early in the pandemic that COVID-19 had not emerged from Wuhan wet markets, even though he spent much of 2020 publicly dismissing the lab-leak theory as a fringe idea. The diaries also documented Fauci’s social relationships with television journalists during the pandemic, including dinners at his home with CNN’s Jake Tapper and his wife Jennifer, described in entries from July and October 2020. One entry says Fauci supplied questions for Tapper to ask a Trump administration health official during a CNN interview. Other entries described warm exchanges with ABC’s George Stephanopoulos and then-NBC anchor Chuck Todd.

How the coverage differs

Fox News’s news coverage focused on the political and legal mechanics: the Fifth Amendment invocations, the pardon debate between Hawley and Tuberville, and the specific threats from Alabama and Florida officials to pursue Fauci at the state level. A separate Fox News opinion piece shifted focus entirely to media criticism, arguing broadcast networks downplayed or ignored the diary revelations and acted as de facto defenders of Fauci during the hearing, contrasting that alleged bias with heavy network coverage of the House January 6 Committee. The Hill’s linked piece, an opinion column on a related but distinct topic — classified materials and a Biden-related legal matter — did not include retrievable article text and appears to be a separate strand not directly focused on the Fauci hearing itself.

Why this matters

The clash points to a bigger unresolved legal question: whether a federal pardon, particularly one issued broadly and preemptively as Biden’s was for Fauci, can be circumvented by state prosecutors seeking charges under their own laws. That question hasn’t been tested in this context, and no formal charges against Fauci have been filed by Alabama or Florida as of these reports. The story also reflects a wider partisan battle over how the pandemic response is remembered, with Republican lawmakers pushing for accountability over lockdowns, mask guidance, and origin-theory suppression, while critics accuse media outlets of shielding Fauci from scrutiny.

Sources

Featured photo: NIAID via Wikimedia Commons (CC BY 2.0)

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