This move is seen as a protective measure against potential indictments or convictions under the forthcoming Trump administration. Among those speculated to be on this list is Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Disease.
According to The Daily Signal, the rationale behind this consideration is likely linked to potential perjury charges against Dr. Fauci. The charges stem from his testimony under oath during congressional inquiries regarding the use of American taxpayers' money to fund viral "gain of function" experiments in a Chinese laboratory. This contentious issue was recently brought back into the spotlight by a comprehensive 520-page report from the House Select Subcommittee on the Coronavirus Pandemic.
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January 03, 2025
The report concluded that "Dr. Fauci’s testimony was, at a minimum, misleading." It further elaborated that senior NIH officials and the NIH website defined gain of function research as a 'type of research that modifies a biological agent so that it confers a new or enhanced activity to that agent.' The report also confirmed that Eco Health's research at the Wuhan Institute of Virology, funded by U.S. taxpayers, facilitated an experiment that conveyed new or enhanced activity to a pathogen, thus satisfying the definition of gain of function research.
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For over three years, congressional investigators have been attempting to unravel the intricate network of relationships, both financial and otherwise, between NIH grantees, American scientists, and subgrantees, including top scientists in China, particularly at the Wuhan Institute of Virology, a hub of coronavirus research.
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The investigators have also been grappling with the lack of clarity surrounding controversial lab experiments in China, especially those conducted under the auspices of the EcoHealth Alliance, a New York-based recipient of substantial taxpayer funding courtesy of Fauci’s agency.
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During 2017 and 2018, researchers at the Wuhan Institute of Virology, a subgrantee of EcoHealth, conducted experiments with genetically engineered bat coronaviruses, making them more pathogenic. These experiments involved infecting "humanized mice" with these coronaviruses, resulting in several of them falling ill and dying.
While there is no evidence linking this specific Wuhan-EcoHealth experiment to the COVID-19 pandemic, the virulence of the coronavirus was undeniably enhanced. In his Jan. 5, 2024, testimony, as cited by the subcommittee report, acting NIH Director Lawrence Tabak agreed that this case was clearly “generic” gain-of-function research.
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The subcommittee, after examining the evidence and the testimony of top NIH officials, concluded that EcoHealth was indeed facilitating gain-of-function research on coronaviruses at the Wuhan Institute of Virology.
However, the issue is complicated by the fact that the term “gain of function” has multiple meanings, and various viral gain-of-function experiments carry different levels of risk. There is a distinction between the broader NIH definition of gain-of-function research that “modifies” a biological agent to confer “new or enhanced activity to that agent” and the P3CO Framework (2017) that imposes funding restrictions on “potential pandemic pathogens.”
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These definitional differences are at the heart of the Fauci controversy. On May 11, 2021, Fauci told the Senate that his agency did not fund coronavirus gain-of-function research in China. His credibility was questioned on July 20, 2021, during a contentious Senate hearing. Despite repeated questioning by Sen. Rand Paul, R-Ky., Fauci continued to deny that his agency funded viral gain-of-function research in China.
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Following a heated exchange and dissatisfaction with Fauci’s responses, Paul requested Attorney General Merrick Garland to investigate the truthfulness of Fauci’s sworn testimony. Garland ignored the request. Paul renewed the request on July 14, 2023, and again on Aug. 8, 2023, citing new circumstantial evidence. Both requests were met with silence.
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Fauci now claims that he and Paul were talking past each other due to different definitions of gain-of-function research. In his Jan. 8, 2024, sworn testimony to House investigators, Fauci summarized his position:
Former Centers for Disease Control and Prevention Director Dr. Robert Redfield considers this entire episode an exercise in semantic hair-splitting. He argues that from a public health and safety perspective, this distinction is artificial. If a virus in the wild is made more transmissible and pathogenic to humans through gain-of-function experimentation, it poses a danger to humanity, regardless of the technical distinction.
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Congressional investigators have every reason to be suspicious. As of Oct. 19, 2021, the NIH defined “gain of function” research as “a type of research that modifies a biological agent so that it confers a new or enhanced activity to that agent.” This clear definition disappeared from the NIH website “on or about” Oct. 20, 2021, following an inquiry on EcoHealth funding and coronavirus research in Wuhan from Rep. James Comer, R-Ky.
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With the incoming Trump administration, congressional investigators should have unrestricted access to unredacted documents, reports, memos, and emails, as well as more unfiltered testimony than even the impressive House Subcommittee on the Coronavirus Pandemic has been able to extract from the uncooperative Biden administration. This influx of evidence will shed more light on the unresolved COVID-19 controversies.
However, Biden should refrain from offering any type of blanket pardon to Fauci for what he may or may not have done. A preemptive pardon, without indictment or conviction, implies that Fauci may have done something wrong. His testimony has been consistent, even if it may have been “misleading,” as the House subcommittee report contends. By granting some sort of blanket pardon, Biden would only be further clouding his reputation.
The Biden administration’s repeated failures to respond fully and respectfully to legitimate congressional requests have created another problem that a preemptive pardon cannot resolve.
If Fauci’s responses to Paul were truthful, Garland could have quickly complied with Paul’s initial request, reexamined Fauci’s testimony, determined that a perjury charge was unwarranted, and dismissed the entire controversy. By refusing to do so, Garland did a disservice to Fauci and the public. By reexamining the case, with full access to any documentary evidence, perhaps the new attorney general can put this matter to rest. This task now falls to Pam Bondi.
