Dr. Anthony Fauci narrowly avoided a major legal deadline Monday tied to allegations that he lied to Congress about funding risky coronavirus research in Wuhan, China — but sources say the Department of Justice is still exploring possible criminal charges against the former top health official.
The five-year statute of limitations expired for Fauci’s May 11, 2021, Senate testimony in which he denied funding “gain of function” research at the Wuhan Institute of Virology during a heated exchange with Sen. Rand Paul (R-Ky.).
At the time, Fauci insisted that the National Institutes of Health had not financed experiments involving the enhancement of coronaviruses in Wuhan, despite later evidence showing EcoHealth Alliance had used NIH grant money for controversial coronavirus research connected to the lab.
Although prosecutors did not bring charges before the deadline expired, insiders say Fauci could still face legal jeopardy tied to other testimony or actions that allegedly occurred more recently.
One Trump administration official told The Post that “accountability for pandemic-era misconduct is non-negotiable” and said officials are “aggressively exploring every legal avenue” tied to COVID-era actions.
Pressure on the DOJ intensified after Fauci’s former adviser, Dr. David Morens, was indicted last month on charges related to allegedly concealing records connected to the origins of COVID-19. Morens faces conspiracy and records-related charges tied to alleged efforts to hide information from investigators and the public.
Sen. Rand Paul has repeatedly pushed for Fauci’s prosecution, referring him to the Justice Department multiple times over allegations that he misled Congress about Wuhan research funding.
“Whether the DOJ decides to charge Fauci or not, I’m not letting up,” Paul posted Monday, adding that he plans to hold additional hearings involving whistleblower testimony related to the origins of COVID-19.
One major complication for any federal case is the pardon issued by former President Joe Biden on Jan. 19, 2025, covering Fauci for potential federal offenses dating back ten years.
President Trump later argued that Biden-era pardons signed by autopen may be invalid if Biden lacked the mental capacity to authorize them personally, though the Justice Department has not formally tested that theory in court.
Some within the administration reportedly believe Fauci is not the top target in ongoing COVID-era investigations and view former NIH Director Dr. Francis Collins and EcoHealth Alliance President Dr. Peter Daszak as potentially more central figures.
Meanwhile, watchdog groups argue Fauci could still face charges related to other alleged false statements to Congress.
Justin Goodman of the White Coat Waste Project claimed Fauci may have lied during 2024 testimony regarding his use of personal email accounts for government business.
Goodman pointed to emails obtained through Freedom of Information Act requests that allegedly showed Fauci using a personal Gmail account to discuss controversy surrounding taxpayer-funded animal testing.
Because those statements were made more recently, advocates argue the statute of limitations would extend well beyond the expired deadline tied to Fauci’s 2021 Senate testimony.
Federal pardons also do not apply to potential state-level offenses, leaving open the possibility that state prosecutors could pursue separate investigations connected to COVID-era conduct or public statements.
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