State AGs Seek Accountability for Fauci’s COVID-19 Actions Despite Presidential Pardon
Alabama Attorney General Steve Marshall joined a coalition of 16 state attorneys general in demanding accountability for Dr. Anthony Fauci’s handling of the COVID-19 pandemic. The move comes despite former President Joe Biden’s preemptive pardon of Fauci, which the attorneys general argue does not preclude state-level investigations or legal actions. Marshall, appearing on Fox Business Network’s "Mornings with Maria," emphasized that a pardon suggests potential wrongdoing and does not absolve Fauci of potential state criminal charges. The attorneys general are particularly interested in exploring whether Fauci’s actions, including potential misinformation about the virus and vaccines, caused harm to citizens within their respective states.
Marshall and his colleagues have formally requested Congress to thoroughly investigate Fauci’s conduct during the pandemic. They cite potential allegations of perjury and misleading information provided to both Congress and the American public. South Carolina Attorney General Alan Wilson is leading the states’ investigative efforts, collaborating with the congressional inquiries. Marshall indicated that they are awaiting the results of these investigations to determine the appropriate course of action. While a federal pardon shields Fauci from federal prosecution, state attorneys general hold distinct powers under their respective state laws.
The state attorneys general believe they have a strong legal tool in their arsenal of state consumer protection laws. These laws are designed to safeguard residents from potentially harmful practices, including the dissemination of misinformation. The specific concerns cited include potential harm arising from vaccine-related issues and misinformation, although the exact nature of these concerns hasn’t been comprehensively detailed. The attorneys general intend to utilize these laws to investigate whether Fauci’s actions violated state consumer protection statutes, holding him civilly accountable for any resulting harm.
The potential legal actions against Fauci would likely manifest as civil suits, rather than criminal prosecutions, at the state level. The use of consumer protection laws provides a potential legal avenue to pursue claims against Fauci related to allegedly misleading statements or practices during the pandemic. The success of such suits hinges on proving that Fauci’s actions directly resulted in harm to citizens, a complex legal undertaking that requires substantial evidence. The attorneys general will need to establish a clear causal link between Fauci’s conduct and specific instances of harm suffered by residents.
The ongoing congressional investigation and AG Wilson’s parallel inquiry are key to gathering evidence for potential litigation. The attorneys general are particularly interested in any findings related to perjury or misinformation that could serve as the basis for state-level lawsuits. While the presidential pardon shields Fauci from federal charges, it does not affect the power of state attorneys general to pursue civil action under their own state laws. This pursuit of accountability reflects a broader trend of state-level legal actions against individuals and entities deemed responsible for the negative consequences of the COVID-19 pandemic.
The legal battle over accountability for the COVID-19 response promises to be a protracted and complex process. The efforts of the state attorneys general to hold Fauci accountable, despite the presidential pardon, raise critical questions about the boundaries of federal and state jurisdiction, the scope of consumer protection laws, and the potential legal ramifications for public officials involved in pandemic response. The outcomes of the congressional and state investigations, along with any subsequent civil suits, have major implications, setting potential precedents for future public health crises.
