Anthony Fauci Faces State Probes After Biden Pardon Shields Him Federally
Former NIH Director Dr. Anthony Fauci faces state-level investigations in Alabama and Florida over his COVID-19 response, despite a federal pardon from President Biden that does not extend to state prosecutions under the Constitution.
What Happened
Former National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci may face state-level investigations into his COVID-19 response, even after former President Joe Biden signed a blanket pardon covering federal offenses for him.
Officials in Alabama and Florida announced plans to investigate whether Fauci can be held accountable under state law for maladministration during the pandemic. Florida Attorney General James Uthmeier confirmed his office is investigating "any and all potential violations of Florida law" related to Fauci's COVID-era tenure. Alabama Sen. Tommy Tuberville (R-Ala.) stated that the pardon "doesn't apply to state-level crimes" under the Constitution.
During a Senate hearing on Wednesday, August 1, 2026, Fauci invoked his Fifth Amendment right against self-incrimination 111 times. Former President Joe Biden signed a blanket pardon covering federal offenses for Fauci, but Republican lawmakers argue this does not extend to state prosecutions.
Florida Gov. Ron DeSantis discussed Fauci's Senate hearing on Jesse Watters Primetime, stating "Dr. Fauci should be held in contempt." The inquiry will focus on what Fauci knew, when he knew it, and how he misled the American people during COVID-19.
Why It Matters
The legal distinction between federal pardons and state prosecutions represents a significant constitutional limitation on presidential power. President Biden's pardon covers "offenses against the United States," but under the U.S. Constitution, presidential pardons do not extend to crimes committed against individual states.
Alabama Sen. Tommy Tuberville told Fox News Digital: "The 'pardon' signed by Joe Biden's autopen doesn't apply to state-level crimes." He added that as governor of Alabama, he would look into ways to hold Fauci accountable for Alabamians who died during the pandemic response.
Florida Attorney General James Uthmeier stated their inquiry will examine what Fauci knew, when he knew it, and how he misled the American people during his tenure. The investigation could potentially lead to civil lawsuits from families affected by pandemic-related deaths.
Tuberville said: "Anthony Fauci is responsible for the deaths of millions of Americans and tens of thousands of Alabamians." He indicated that if state prosecutors cannot imprison Fauci, he would support voluminous litigation to "put him in court for the rest of his life where he can listen to the death he caused."
What to Watch
The outcome of these state-level investigations could set important legal precedents regarding:
- The scope of presidential pardons and their limitations under state law
- Accountability mechanisms for federal officials' conduct during national emergencies
- Civil liability for pandemic response decisions made at the federal level
Republican lawmakers have expressed strong support for pursuing state-level accountability, while the Biden administration has defended its pardon as appropriate given Fauci's service to the country.
The investigations in Alabama and Florida are proceeding independently of any federal proceedings, which remain closed due to the presidential pardon. Families of pandemic victims may also pursue civil claims against Fauci, separate from criminal proceedings.
By the numbers
- Fifth Amendment invocations: 111 times
- Fauci's age: 85 years old
- Alabama deaths attributed to pandemic response: 20-30,000 people
- Publication date: August 1, 2026 at 10:39am EDT
Source snapshot
Sources: - https://www.foxnews.com/politics/fauci-fifth-fuels-vow-haul-him-court-every-day-despite-biden-pardon