Biden’s injudicious pardon of Fauci
President Joe Biden’s preemptive pardon of Dr. Anthony Fauci in his final hours as president is nothing short of a brazen political maneuver. Cloaked in the language of gratitude for Fauci’s decades of public service, the pardon shields a man whose $480,654 annual salary (in 2022) made him the highest-paid federal employee and whose $375,000 annual pension ensures him a gilded retirement.
For many Americans, this pardon is not just pouring salt in a wound—it is sulfuric acid poured over the lot of us who demanded answers about what we were told was the greatest public health crisis of our generation.
For Republicans in Congress, this moment is a crucible that will test their resolve and commitment to accountability.
The limits of Biden’s pardon, however, are significant. As an attorney and former judicial officer, I can attest that a preemptive pardon, while sweeping, is far from an impenetrable shield—certainly not enough to inoculate Fauci from accountability. It applies only to federal crimes committed before its issuance and offers no protection against future criminal acts. Moreover, this pardon does not absolve Fauci of his obligation to comply with Congressional subpoenas. Should Fauci obstruct justice or commit perjury—such as during a congressional hearing—he will face a Justice Department no longer led by Merrick Garland, whose leadership often shielded government officials from accountability. By removing the risk of federal self-incrimination, the pardon strips Fauci of one of his most reliable tools for avoiding testimony: the ability to invoke the Fifth Amendment.
Congressional Republicans must act decisively and without delay. By compelling Fauci to testify, they can begin to uncover the truth about COVID-19’s origins and the government’s potential role in funding dangerous research abroad.
Fauci’s actions demand scrutiny—not only his involvement in funding gain-of-function research at the Wuhan Institute of Virology but also his public obfuscation when evidence emerged supporting a lab-leak theory. His shifting guidance during the pandemic, often presented as "following the science," only added to public confusion and distrust. This is not about Fauci’s missteps or poor decisions. It is about the integrity we must demand of our public servants.
The virus originated within the People’s Republic of China, our greatest geopolitical adversary. The possibility that our own government may have funded its development, covered its tracks, and then exploited the pandemic to curtail liberty, silence dissent, and reinforce a political narrative is Kafkaesque in its depravity. Accountability here is indispensable—without it, trust in our institutions will remain irreparably broken.
Of course, some on the right might scoff at the idea of holding Fauci accountable, dismissing it as an exercise in futility. They may argue that the bureaucracy is too entrenched, that hearings will devolve into political theater, or that nothing will happen.
But that defeatist mindset ignores a fundamental truth: You lose every game you do not play. Accountability is not guaranteed, but it must not be abandoned.
Republicans have a duty to pursue the truth—not only to expose the failures of the past but to ensure this betrayal of trust is not repeated in the future. Allowing cynicism to dictate inaction would only embolden those who believe they are untouchable, further eroding the public’s faith in government.
Holding Fauci accountable for his actions, despite this injudicious pardon, must serve as a warning to future government officials: breaking trust with the American people will not go unanswered. Republicans cannot afford to succumb to the Democrats’ predictable stall tactics or their attempts to dismiss these investigations as irrelevant. Nor can they let the legacy media distort the narrative to shield their favored bureaucrats. The American people deserve honest, cogent answers about the origins of COVID-19 and the extent of their own government’s involvement. By forcing transparency, Republicans can show that such failures and betrayals will not be tolerated.
Biden’s decision to shield Fauci threatens to create a dangerous template for future abuses of power. If preemptive pardons like this become routine, they will erode accountability at the highest levels of government. This is not a mere hypothetical—it is the foreseeable consequence of Biden’s reckless decision. Republicans must make it clear that preemptive pardons cannot absolve government officials of their duty to answer for their actions.
The stakes extend far beyond Fauci or the pandemic. COVID-19 devastated lives, destroyed businesses, and fractured communities. Yet years later, Americans are still in the dark about how this disaster began and whether their own government played a role. This moment is a crucial step toward restoring the integrity we must demand of our nation’s leaders. Senate leadership must step up and bolster oversight efforts to complement the work already being done by their House counterparts. By compelling Fauci to testify under oath, lawmakers have a chance to expose a system that has too often prioritized self-preservation and political gamesmanship over honesty and accountability.
This moment must be more than a call for accountability and transparency—it must ignite a return to common sense. Congress must reaffirm the fundamental principle that no one—not even the most celebrated and grossly overpaid bureaucrat in American history—is above the law. By exposing the truth and ensuring that Fauci faces the consequences still attainable, Republicans can send a clear message to future officials: putting politics and power above their duty to the American people will not go unanswered.
President Biden’s pardon of Fauci is a cynical political act, but it must not be the final word. The American people are watching. This Congress has an opportunity to hold Fauci accountable, uncover the truth, and prevent such betrayals from happening again.
If successful, this effort could mark a critical turning point—one that restores trust in the institutions meant to serve the public.
Simply put, there can be no total immunity from accountability.
Charlton Allen is an attorney and former chief executive officer and chief judicial officer of the North Carolina Industrial Commission. He is the founder and editor of The American Salient and the host of the Modern Federalist podcast.
Image: Official White House photo, via Picryl // public domain