The criminal case filed Tuesday against David Morens, a longtime adviser to Dr. Anthony Fauci, has intensified demands that federal prosecutors bring charges against Fauci over his past testimony to Congress regarding U.S.-funded research in China before the COVID-19 outbreak.
With the statute of limitations set to expire on May 11, authorities have roughly two weeks remaining to pursue potential charges tied to Fauci’s sworn denial that he supported “gain of function” research involving bat coronaviruses in Wuhan, the same city where the pandemic first emerged.
Morens, 78, is now facing multiple federal counts, including conspiracy, as well as allegations of destroying, altering, or falsifying records tied to government investigations, and concealing or removing materials connected to inquiries into COVID-19’s origins. If convicted on all charges, he could receive a sentence of up to 51 years.
Critics argue that Fauci, 85, should face greater scrutiny, contending that ultimate responsibility lies with him. They say the case against Morens only underscores broader concerns about Fauci’s conduct and should lead to direct legal action.
President Trump said in a March 31 phone interview with The Post that he planned to “look into” Fauci’s situation. Republican officials have also indicated that acting attorney general Todd Blanche, who is seeking to keep the role permanently, may consider challenging the validity of preemptive pardons issued by President Joe Biden, including one granted to Fauci using an autopen.
“99% of this country has no idea who Morens is,” said Oversight Project President Mike Howell. “It’s Fauci that they will blame for one of the worst government catastrophes in history in America. And so the test is Fauci. The Morens indictment is great, and we applaud it. But there are a lot of people out there that want to see Fauci held to account for the damage he wrought.”
Howell, whose organization previously submitted a proposed indictment against Morens to the Justice Department, argued that the adviser’s actions were closely tied to Fauci’s leadership.
“[Fauci] lied about one of the most damaging events in American history routinely and was behind a massive coverup of the key factors,” Howell said.
Sen. Rand Paul of Kentucky, who has publicly accused Fauci of misleading Congress, said investigators have been reviewing evidence for an extended period and claimed the current administration has been more transparent.
“we’ve been looking through a lot of information on this for the last year or so. The Trump administration has been much more forthcoming than the Biden administration ever was.”
Paul said there may be grounds for multiple charges.
“On Anthony Fauci’s case, we think lying to Congress is one felony,” Paul said in an interview on Tuesday. “We also think that destroying federal records and advising others to destroy federal records is also a felony. So I think there’s opportunity there… There was a vast both organized and unorganized conspiracy to cover up the fact that the US government was funding the research that led to the pandemic.”
Questions surrounding Biden’s use of an autopen to issue pardons have also become part of the debate. Trump has argued that Biden’s condition at the time may have prevented him from knowingly authorizing those pardons, raising the possibility of legal challenges.
Biden, however, told the New York Times last year that he was aware of the pardons.
Paul said testing the legitimacy of those pardons would likely require prosecuting someone who had already been granted clemency.
“To determine the validity of those pardons, ‘you would have to indict somebody who’s been pardoned. And I think it’s worth a challenge,’” Paul said. “There’s some questions that have never been asked before. Is the pardon power so broad that you can pardon people for a period of time and not for a conviction? [Fauci’s pardon is] for a decade period of time for unspecified crimes.”
He added that Biden’s awareness at the time could become a key issue.
“You’d have to determine whether [Biden] was aware these pardons happened… My guess is that somebody around him will make him aware of which pardons he did by the time they get to trial, [but what matters is] whether he was aware at the time.”
“I’m for pushing it to find out, and I think the only way to find out is to take it before a court.”
Paul also suggested that any actions taken after the pardon could still expose Fauci to legal jeopardy.
“it might involve the question of conspiracy charges.”
If convicted of lying to Congress, Fauci could face up to five years in prison, with additional penalties possible if conspiracy charges are pursued.
Neil McCabe, who previously worked in the Trump Justice Department, said earlier DOJ leadership had accepted the validity of Biden’s clemency actions.
“from the beginning, Trump’s DOJ recognized and enforced Biden’s autopen clemencies — even the tranches [of prison commutations] that extended into the current administration.”
“Trump said anything done by autopen was invalid, so let’s see how [Blanche] handles it now that it is his decision,” McCabe added.
Fauci served as Biden’s top medical adviser in 2021 and 2022 and was widely seen early in the pandemic as a leading public health voice. However, critics have pointed to changing guidance over time, including evolving recommendations on mask usage.
On his final full day in office, Biden issued Fauci a broad pardon covering “any offenses” dating back to 2014.
Attempts to reach Fauci for comment were unsuccessful, though a voicemail was left at a number believed to be associated with him. The Justice Department did not respond to requests for comment.
During the pandemic, Fauci was frequently praised and became a prominent public figure, even as debates over his guidance and statements intensified. His high-profile exchanges with Paul drew widespread attention, particularly as public opinion at the time largely favored Fauci.
At a Senate hearing on May 11, 2021, Fauci firmly denied that his agency funded gain-of-function work in Wuhan.
“The [National Institutes of Health] and [National Institute of Allergy and Infectious Diseases] categorically has not funded gain of function research to be conducted in the Wuhan Institute of Virology,” Fauci said at a Senate committee hearing on May 11, 2021, during a tense exchange with Paul. “You are entire, entirely and completely incorrect… the NIH has not ever and does not now fund gain of function research in the Wuhan Institute of Virology.”
He stood by that statement at a subsequent hearing.
“I do not retract that statement” and angrily pointing his finger at Paul, shouting, “if anybody’s lying here, senator, it is you!”
Later disclosures added new context to the debate. Documents released in 2021 indicated that EcoHealth Alliance had used federal grant money from Fauci’s agency to support research in Wuhan involving modified bat coronaviruses.
According to those materials, experiments showed that certain altered viruses became more infectious in lab mice engineered to mimic human biology.
“They twice submitted summaries of their work that showed that, when in the lungs of genetically engineered mice, three altered bat coronaviruses at times reproduced far more quickly than the original virus on which they were based,” The Intercept revealed. “The researchers reported, ‘These results demonstrate varying pathogenicity of SARSr-CoVs with different spike proteins in humanized mice.’”
Testimony delivered to Congress in 2024 has drawn renewed attention to the U.S. government’s involvement in research conducted in Wuhan, adding to the ongoing debate over how the COVID-19 pandemic began.
During a House committee hearing, NIH principal deputy director Lawrence Tabak acknowledged federal funding tied to gain-of-function work in China. “Dr. Tabak, did NIH fund gain-of-function research at the Wuhan Institute of Virology through EcoHealth?” asked Rep. Debbie Lesko (R-Ariz.). “It depends on your definition of gain-of-function research,” Tabak answered. “If you’re speaking about the generic term, yes, we did.”
Questions surrounding the origins of COVID-19 remain unresolved, in part because Chinese authorities have not permitted an independent international probe. Within the U.S. government, some officials continue to view a laboratory leak in China as a plausible explanation for the outbreak.
{Matzav.com}