A presidential pardon covers federal crimes only. That distinction is the actual legal hook behind three states now investigating Dr. Anthony Fauci.
Louisiana Attorney General Liz Murrill announced Saturday that her office will investigate Dr. Anthony Fauci, joining Florida and Alabama in a multi-state effort to determine whether the former National Institute of Allergy and Infectious Diseases director can be prosecuted under state law over his handling of the COVID-19 pandemic.
The announcements follow a July 29 hearing before the Senate Homeland Security and Governmental Affairs Committee, where Fauci invoked his Fifth Amendment right against self-incrimination 111 times and declined to answer lawmakers' questions.
Fauci received a preemptive pardon from President Biden before leaving office covering any federal offenses he may have committed. That pardon does not extend to state law — the distinction state attorneys general are now testing. A president's pardon power under Article II of the Constitution applies only to federal offenses; it has no bearing on prosecutions brought under a state's own criminal code. That legal gap is the actual basis for the multi-state investigation, regardless of whether it ultimately produces charges.
Florida Attorney General James Uthmeier opened the first state-level inquiry in July, saying in a statement that his office was “launching an investigation into Dr. Fauci” to get “the truth of what happened during COVID.” Alabama Attorney General Steve Marshall's office disclosed its own investigation following the Senate hearing.
Murrill's announcement adds Louisiana as a third jurisdiction. In a statement posted to X, she pointed to a discrepancy between Fauci's earlier deposition testimony in Louisiana and Missouri litigation — in which she said he claimed not to recall key details of his own actions — and diary entries and records that have since surfaced. “Fauci lied,” Murrill wrote. “Louisiana will join Alabama & Florida in investigating Fauci and whether he committed any other offenses that could be pursued in our State courts.”
The diary entries and records referenced by Murrill were released days before the Senate hearing by Sen. Rand Paul, R-Ky., who has long pursued Fauci over the origins of the COVID-19 pandemic and the National Institutes of Health's funding of gain-of-function research. Fauci has called the release an attempt to “embarrass and intimidate” him.
Sen. Tommy Tuberville, R-Ala., who is running for Alabama governor, has separately said he would pursue charges against Fauci if elected, telling Fox News he wants “clarity regarding the events of the pandemic.”
Legal analysts note that investigators in each state will still need to identify a specific state-level offense within their jurisdiction and evidence to support it — a pardon-proof federal record does not automatically translate into a viable state case. No charges have been filed against Fauci in any of the three states as of this writing.
Sources
Fox News — Louisiana AG Liz Murrill to investigate Fauci after Fifth Amendment
Nola.com — Liz Murrill joins Alabama and Florida attorneys general in Dr. Fauci investigation
The Hill — Louisiana AG Liz Murrill to investigate Dr. Anthony Fauci following Senate hearing
OAN — Louisiana latest state to announce investigation into Fauci
WLT Report — Louisiana Opens Fauci Investigation After He Takes Fifth More Than 100 Times