The Fauch Takes The 5th.

Dr. Fauci has every reason to be afraid of being indicted. A presidential pardon only goes so far.

Last week we watched the smartest man in America, Dr. Anthony Fauci, “testify” in front of a Senate committee. With a pardon for all federal crimes that may have been committed from birth to January 2025, his only response was to take the Fifth. But does he have reason to do so, in spite of the Autopen pardon? Unquestionably.

The man lied constantly that the federal agencies he supervised did not fund gain of function research. Even Newsweek could not swallow that one.

The National Institute of Health (NIH) has denied funding studies that would make a coronavirus more dangerous to humans after it was accused of doing so following the release of research proposals…

…Richard Ebright, board of governors professor of chemistry and chemical biology at Rutgers University and laboratory director at the Waksman Institute of Microbiology, told Newsweek these documents show “unequivocally” that NIH grants were used to fund controversial gain-of-function (GOF) research at the Wuhan Institute of Virology in China—something U.S. infectious disease expert Dr. Anthony Fauci has denied.

I would not call Newsweek a propaganda source for the Vast Right-Wing Conspiracy, the Republican Party or the conservative movement in general. Same for Dr. Ebright.

Now why is Dr. Fauci being “less than fully forthcoming?” Because he has potential criminal liability? Not from the federal government, President Autopen handled that. From states attorneys’ general, where the process has already started.

Louisiana AG Liz Murrill Says State Will Launch Investigation into Fauci

Louisiana Attorney General Liz Murrill (R) announced on Saturday that Louisiana will launch an investigation into former National Institute of Allergy and Infectious Diseases (NIAID) chief Anthony Fauci regarding “whether he committed any other offenses” that can be pursued.

In a post on X, Murrill stated that Fauci “lied” and added that both Louisiana and Missouri “deposed” Fauci. Murrill’s post, which came days after Fauci appeared before the Senate Committee on Homeland Security and Governmental Affairs and invoked the Fifth Amendment over 100 times, added that Louisiana was joining “Alabama & Florida in investigating Fauci.”

Murrill shared a photo of a Fox News article about how Alabama and Florida “announced plans to investigate whether he can be held accountable under state law for maladministration of the COVID-19 response.”

…Sen. Tommy Tuberville, R-Ala., alluded to that detail and told Fox News Digital that same pardon cannot prevent prosecution at the state level under the Constitution, which says Presidential pardons cover “offenses against the United States.”

“Fauci lied. Louisiana and Missouri deposed Dr. Fauci,” Murrill wrote. “At the time, he claimed to not recall many key details of his own actions and now we are discovering contemporaneous records he kept. Louisiana will join Alabama & Florida in investigating Fauci and whether he committed any other offenses that could be pursued in our State courts.”

Perjury at the state level? Possible. Also something else. If you funded this research, why lie about it? Researching this disease is of concern to the NIH and the National Institute of Allergy and Infectious Diseases (NIAID).

A legal question is did Dr. Fauci, when providing the funding for this research, take reasonable actions to insure it was conducted in safe enough manner to prevent accidental exposure? Or in this case, a worldwide pandemic.

Now we go to mens rea, the defendant’s state of mind at the time of committing an offense. In murder, it’s generally considered someone knowingly or willingly took someone’s life without justification. In manslaughter, the person recklessly caused the death of someone (paging Alec Baldwin). And when someone is negligent, it’s criminally negligent homicide.

It’s a safe assumption Dr. Fauci did not willingly want to cause death, nor was he reckless. But was he negligent? That is a question for an investigator and grand jury to probe, and upon an indictment, a court to determine guilt.

I’ll be the first to say it is a stretch to make this case. Having it two levels removed gives the man plausible deniability. But it’s not out of the realm of possibility. If the wanted this done without oversight and gave it to a foreign lab with documented safety issues, that could rise to the level of negligence causing deaths. From my home state, Texas, lost over 10, 000 lives. That could get a grand jury to indict.

So yes, Dr. Fauci was wise to listen to his lawyers and shut up. Now I’m not clear how much presidential pardon strips the right against self-incrimination. Hopefully the DOJ has smart people out there looking into the matter. But if the federal government cannot hold this man accountable for his conduct, it’s up to the states to do so.