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Why Biden’s pardon does not settle the fight over Fauci’s Senate testimony

Federal oversight of the COVID-19 response continues as Anthony Fauci faces a Senate subpoena in Washington DC despite his presidential pardon.

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WASHINGTON, July 28 (DC Times Online) — Dr. Anthony Fauci is set to appear Wednesday before the Senate Homeland Security and Governmental Affairs Committee in Washington, and House Republicans are arguing that President Joe Biden’s pardon does not protect him if he lies under oath.

What the hearing is about

The Senate committee is chaired by Sen. Rand Paul, a Kentucky Republican who has long criticized Fauci over the government’s COVID-19 response and questions about the origins of the virus. Paul issued the subpoena for Fauci’s appearance, according to reporting on the committee’s action.

The hearing comes after years of Republican scrutiny of Fauci’s role as the nation’s top infectious-disease official and later as chief medical adviser to the president. On the House Oversight Committee’s website, Chairman James Comer, a Kentucky Republican, has said Republicans want Fauci to provide testimony and documents tied to their COVID-19 origination investigation, including questions involving EcoHealth Alliance and the National Institutes of Health.

What Biden’s pardon does — and does not — cover

Biden’s pardon, as quoted in reporting, covers conduct from Jan. 1, 2014, through the date it was issued. The language includes conduct tied to Fauci’s work as director of the National Institute of Allergy and Infectious Diseases, his service on the White House Coronavirus Task Force and COVID-19 Response Team, and his role as chief medical adviser to the president.

That is why the current dispute is focused on timing. The pardon addresses past conduct in those roles, but the reporting says it would not shield Fauci from a separate offense committed after the pardon. In practical terms, that means intentionally false testimony before Congress could still expose him to a new federal case.

Why Comer and other Republicans are pressing the issue

Comer said in a statement republished by Fox News Digital that Biden’s pardon “doesn’t cover Dr. Fauci’s testimony this week and if he continues to lie, he must be held accountable.” In the same reporting, Comer said Republicans were alarmed by what they see as Fauci’s past statements about the origins of COVID-19 and school closures.

Rep. John Joyce, a Pennsylvania Republican, also told Fox News Digital that Fauci “must be held accountable” by both the House and the Senate.

Paul has made similar arguments in public posts and in comments to the press, saying Fauci should answer for his decisions and that the pardon would not protect him if he lies to Congress. Stat News reported that Paul’s committee office issued the subpoena for Fauci’s appearance.

What happens next

The immediate question is not whether the pardon erases congressional oversight. It does not. The question is whether Fauci’s testimony stays within the bounds of what the pardon covers or crosses into new conduct that could trigger separate legal exposure.

That is why Republican lawmakers are framing Wednesday’s appearance as a test of accountability, while Fauci’s exact testimony remains unknown ahead of the hearing.

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Sara Phillips

Sara Phillips is a senior national politics reporter for Times Media Service, based in the Washington bureau. Phillips covers national politics and policy, including federal government decisions and how those decisions affect Americans across the country. Phillips holds a master's degree in public policy and grew up in New Brunswick, New Jersey.

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