Dr. Anthony Fauci is facing fresh legal threats from state officials in Alabama, Florida and California after he invoked his Fifth Amendment right against self-incrimination 111 times during a Senate hearing. The former director of the National Institute of Allergy and Infectious Diseases has become the target of state-level inquiries even though former President Joe Biden issued a blanket pardon before leaving office.
Sen. Tommy Tuberville, Republican of Alabama, argued that the presidential pardon does not cover state crimes because the Constitution limits such pardons to offenses against the United States. He said he intended to pursue accountability if he becomes governor, including bringing Fauci to Montgomery as many times as possible. Tuberville is favored to succeed term-limited Republican Gov. Kay Ivey in November.
At the hearing, Sen. Josh Hawley, Republican of Missouri, said Biden's pardon eliminated Fauci's federal criminal exposure for covered conduct and undercut his legal basis for refusing to answer questions. Fauci nonetheless declined to respond repeatedly, citing his constitutional protection against being compelled to incriminate himself.
Tuberville said Fauci bore responsibility for deaths during the pandemic and encouraged Alabama families to file civil lawsuits. «Anthony Fauci is responsible for the deaths of millions of Americans and tens of thousands of Alabamians», he said. «The pardon signed by Joe Biden's autopen doesn't apply to state-level crimes.» He added that Fauci should face court proceedings for the rest of his life. «He's going to court every day of his life for the rest of his life», Tuberville said, adding that the pardon does not cover state government.
Florida Attorney General James Uthmeier confirmed that his office is investigating Fauci's COVID-era tenure. A spokesperson said the inquiry would focus on what Fauci knew, when he knew it, and how he misled the American people, and would examine physical and monetary harm to Floridians. Lt. Gov. Jay Collins, who is running for governor, backed the probe and said there has to be accountability. He also recalled being unable to get prosthetic care from the Veterans Affairs department without a COVID-19 shot, a requirement he opposed.
Gov. Ron DeSantis, asked about diary entries in which Fauci criticized him, described Fauci as «the most destructive bureaucrat in the history of the United States of America». Collins said he considered Fauci's criticism of DeSantis a badge of honor, saying Florida had pushed back against federal pandemic guidance under DeSantis's leadership.
In California, Hilton, the state's Republican gubernatorial nominee, drafted a plan similar to the Southern efforts after watching Fauci plead the Fifth. «What an absolute disgrace — when will there be any accountability for this guy», Hilton said. He said a COVID Accountability Commission would examine Fauci and California officials responsible for policies that caused «so much pain and suffering and cruelty in this absolute disaster of public policy».
Fauci's lawyer did not immediately respond to requests for comment. The state actions mark the latest escalation of political pressure on the 85-year-old immunologist, whose pandemic decisions have remained a flashpoint in American politics. Tuberville, who served on the Senate Health, Education, Labor and Pensions Committee during the pandemic, said he believed Fauci «lied and knew he was lying», citing diary entries that have fueled the renewed scrutiny.
