LOOPHOLE Exposed: States Coming for Fauci…

A coalition of state attorneys general has discovered that presidential pardons mean nothing when state laws are on the books—and they’re coming for Dr. Anthony Fauci with a vengeance.

When Federal Protection Hits State Roadblocks

President Biden handed Dr. Fauci a get-out-of-jail-free card in early 2025, issuing a sweeping pardon that shielded the longtime NIAID director from federal prosecution. The pardon came after Senator Rand Paul referred Fauci to the Department of Justice for perjury in July 2023, and following extensive House Select Subcommittee investigations into the COVID-19 response. But Biden’s pardon only covers federal crimes. State attorneys general from South Carolina, Alabama, and Texas now form a coalition investigating potential violations of state laws—a jurisdictional end-run around federal protection that could rewrite the playbook on holding federal officials accountable.

The Evidence Trail Congressional Investigators Uncovered

House Oversight Committee Chairman James Comer concluded Fauci was “either incompetent as to what was happening directly under his nose at the NIH or he condoned the misconduct.” The Select Subcommittee documented damning evidence about Dr. David Morens, Fauci’s senior advisor, who deliberately obstructed COVID-19 origins investigations, unlawfully deleted federal records, and shared nonpublic NIH grant information with EcoHealth Alliance President Dr. Peter Daszak. Morens used personal email accounts to evade Freedom of Information Act requirements—federal violations that occurred under Fauci’s direct supervision. The question state prosecutors now ask: do these actions violate state laws on records management and obstruction?

Rep. Michael Cloud of Texas documented that Fauci sent taxpayer dollars to Wuhan biolabs without adequately reviewing grant proposals. Cloud characterized the approval process as rubber-stamping, noting Fauci “simply signed off on every grant that was placed on his desk.” EcoHealth Alliance received substantial federal funding despite growing concerns about its operations and transparency. The lack of due diligence in approving grants involving gain-of-function research at foreign laboratories raises questions about fraud and misrepresentation—potential state law violations that attorneys general are examining with considerable interest.

The Science That Never Was

Dr. Fauci’s congressional testimony delivered a stunning admission that should concern every American subjected to pandemic restrictions. He confirmed under oath that the six-foot social distancing recommendation was “arbitrary” and “not based on science,” acknowledging it “sort of just appeared.” Rep. John Joyce, a physician, reaffirmed this lack of scientific basis and noted Fauci’s attempt to shift blame to the CDC. Yet Fauci promoted these guidelines to the public as settled science, influencing state and local mandates that shuttered businesses, closed schools, and fundamentally altered American life. Rep. Rich McCormick held Fauci accountable for promoting “unscientific vaccine mandates,” noting vaccines did not prevent transmission as promised to the public.

State Law as the Ultimate Accountability Tool

South Carolina Attorney General Alan Wilson captured the coalition’s perspective: “President Biden’s blanket pardon of Dr. Fauci is a shameful attempt to prevent accountability. If any of these findings indicate violations of state laws, we are fully prepared to take appropriate action to ensure justice is served.” Alabama Attorney General Steve Marshall joined the coalition with emphasis on state law enforcement authority operating independently of federal protections. The coalition’s strategy focuses on records destruction, obstruction of justice, fraud, conspiracy, and potentially perjury—all areas where state statutes provide prosecution pathways that federal pardons cannot touch. This approach establishes precedent for state-level accountability of federal officials, expanding state authority relative to federal protections in ways that could reshape federal-state power dynamics.

The Autopen Question That Won’t Go Away

Senator Rand Paul raised a constitutional wild card that could unravel Biden’s entire pardon. The pardon was executed via autopen—an automated signature device—by White House staff, creating uncertainty about whether President Biden personally authorized it. Paul called for a DOJ investigation into the pardon’s legitimacy, arguing it may not be legally valid without personal presidential authorization. If Paul’s challenge gains traction, Fauci could face federal prosecution after all. Meanwhile, state investigators aren’t waiting for federal resolution. They’re building cases under state law that remain viable regardless of the pardon’s validity, creating multiple accountability pathways that Fauci cannot easily escape.

The coalition’s investigation remains in active phase, with attorneys general reviewing House Select Subcommittee findings and examining state law applicability to documented conduct. They’re coordinating across multiple jurisdictions, evaluating potential charges, and assessing evidence sufficiency for prosecution. The effort represents more than partisan politics—it embodies fundamental questions about government accountability, scientific integrity, and whether powerful federal officials can avoid consequences for actions that harmed millions of Americans. State prosecutors hold legal tools that federal pardons cannot blunt, and they appear determined to use them. The precedent they establish could influence accountability efforts for generations, demonstrating that state sovereignty remains a powerful check on federal overreach and misconduct.

This case tests whether our federal system still functions as the Founders intended—with states serving as laboratories of democracy and checks on federal power. Texas and its coalition partners assert that state laws provide powerful accountability mechanisms when federal protections shield wrongdoers. The investigation’s outcome will determine whether that assertion holds legal weight or remains aspirational rhetoric. Either way, Dr. Fauci faces a legal reckoning that his federal pardon cannot prevent, and millions of Americans affected by arbitrary, unscientific pandemic policies will be watching closely.

Sources:

Hearing Wrap Up: Dr. Fauci Held Publicly Accountable by Select Subcommittee – House Oversight Committee

Attorney General Marshall Joins Multi-State Effort to Hold Dr. Fauci Accountable for COVID-19 Response – Alabama Attorney General

Senator Rand Paul Re-Refers Dr. Anthony Fauci to the Department of Justice – Senate Homeland Security and Governmental Affairs Committee

Hearing Wrap Up: Dr. Fauci’s Top Advisor Held Accountable for COVID-19 Federal Records Violations, Undermining NIH Operations – House Oversight Committee

Attorney General Alan Wilson Leads Coalition of AGs Investigating Dr. Anthony Fauci’s COVID-19 Response – South Carolina Attorney General

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