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Three Republican state attorneys general announced a coordinated investigation into former National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci on Tuesday, seeking to pursue state-level charges that would not be covered by President Joe Biden’s last-minute federal pardon. The multistate effort includes Florida Attorney General James Uthmeier, Louisiana Attorney General Liz Murrill, and West Virginia Attorney General John McCuskey, who argue that state prosecutions could hold Fauci accountable for his role in the COVID-19 pandemic response despite the presidential clemency.
Uthmeier initiated Florida’s investigation in late July, shortly after Fauci invoked his Fifth Amendment rights 111 times while testifying before a Senate committee regarding his pandemic activities. The Florida attorney general subsequently subpoenaed Fauci on August 5 for documents related to vaccine efficacy, adverse events including myocarditis, communications with manufacturers, and financial incentives connected to his pandemic recommendations. Uthmeier stated his office would examine “what Fauci knew, when he knew it, and how he misled the American people,” and would investigate potential physical and monetary harms to Florida residents.
McCuskey emphasized that state cooperation allows resources to be pooled and materials reviewed more efficiently, positioning Republican attorneys general to take coordinated action. The West Virginia official noted his office lacks direct prosecution authority under state law but can provide investigators’ findings to county prosecutors and support subsequent criminal cases. McCuskey also cited personal grievances, including his family’s retail business closure during pandemic restrictions and his daughter’s missed kindergarten year due to COVID-19 mandates.
Murrill disclosed that her own son developed myocarditis after receiving a Pfizer vaccine and required hospitalization in a pediatric intensive care unit. She argued that Biden’s pardon, issued on his final day in office and covering federal offenses from January 1, 2014 onward, does not shield Fauci from state criminal prosecution, as presidential pardons do not extend to state crimes. Murrill plans to investigate potential perjury and fraud charges stemming from Fauci’s deposition in the Murthy v. Missouri case, noting she observed contradictions between his private communications and public statements regarding COVID-19.
The Louisiana attorney general indicated she will examine whether Fauci provided false testimony during the seven-hour deposition in which he frequently stated he did not recall details. Murrill referenced recently released text messages and internal writings from Fauci that were disclosed by Republican senators Rand Paul of Kentucky and Ron Johnson of Wisconsin. She suggested perjury charges could carry statutory penalties up to five years in prison and would not be covered by the federal pardon.
McCuskey stated his investigation aims to develop materials that county-level prosecutors can use in potential criminal cases while also seeking to identify lessons for future public health emergencies. Uthmeier’s subpoena requires Fauci to comply with the document request by August 31, setting a deadline for the former health official’s response to the state-level inquiry.
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