Dr. Anthony Fauci may face legal action at the state level in Alabama and Florida, despite a blanket pardon issued by President Joe Biden that shields him from federal criminal exposure for conduct related to the COVID-19 pandemic response. Officials in both states have stated that the pardon does not preclude prosecution under state law.
During a recent Senate hearing, Fauci invoked his Fifth Amendment right against self-incrimination 111 times. Senator Josh Hawley, R-Mo., argued that Biden's pardon eliminated Fauci's federal criminal exposure, thereby undercutting his basis for refusing to answer questions. However, Senator Tommy Tuberville, R-Ala., asserted that presidential pardons apply only to "offences against the United States" and do not extend to state-level crimes.
"Anthony Fauci is responsible for the deaths of millions of Americans and tens of thousands of Alabamians," Tuberville told Fox News Digital. "The ‘pardon’ signed by Joe Biden’s autopen doesn’t apply to state-level crimes."
Tuberville, who is expected to become the governor of Alabama, indicated that he would seek to hold Fauci accountable for the COVID-19 deaths in the state. He also encouraged Alabamians to pursue civil claims against the former National Institute of Allergy and Infectious Diseases director. "He's going to court every day of his life for the rest of his life. And he's going (to) have to look these people in the face, these families, because the pardon does not cover state government," Tuberville stated.
Florida is also pursuing an inquiry into Fauci's tenure during the COVID-19 pandemic. Florida Attorney General James Uthmeier confirmed that "any and all potential violations of Florida law" are under examination. The state's investigation will focus on what Fauci knew, when he knew it, and how he may have misled the public, with the aim of determining whether his conduct exposes him to liability under state law for potential physical and monetary harms to Floridians.
Lt. Gov. Jay Collins, a candidate for governor, voiced strong support for Uthmeier's probe, emphasizing the need for accountability. Collins shared a personal anecdote about needing a COVID-19 vaccine for prosthetic care, attributing such mandates and broader pandemic policies to Fauci and suggesting they caused "generational loss."
Former Florida Governor Ron DeSantis, who had previously called Fauci the "most destructive bureaucrat in the United States of America," had his own public disagreements with Fauci, which were reportedly documented in Fauci's private diary entries. Collins viewed being criticized by DeSantis as a "badge of honor," asserting that Florida "protected America" by pushing back against federal pandemic guidance.
In California, the Republican gubernatorial nominee, Steve Hilton, announced plans to establish a "COVID Accountability Commission" if elected. This commission would examine the actions of Fauci and California officials concerning pandemic policies that Hilton described as causing "so much pain and suffering and cruelty."