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Why Biden’s pardon does not end Fauci’s congressional hearing

Washington DC hearings will proceed as Anthony Fauci faces Senate questioning, with a presidential pardon offering no protection against new perjury.

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WASHINGTON, July 28 (DC Times Online) — Dr. Anthony Fauci is scheduled to appear Wednesday before the Senate Homeland Security and Governmental Affairs Committee in Washington, and House Republicans say a presidential pardon does not stop Congress from questioning him — or from holding him accountable if he gives false testimony.

House Oversight Committee Chairman James Comer, a Kentucky Republican, 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.” Comer also said the pardon did not change Republicans’ belief that Fauci should answer questions about COVID-19.

What does the pardon cover?

The pardon text quoted in Fox News coverage says President Joe Biden granted Fauci clemency for conduct from Jan. 1, 2014, through the date of the pardon. The language covered conduct tied to Fauci’s work as director of the National Institute of Allergy and Infectious Diseases, his role on the White House Coronavirus Task Force or COVID-19 Response Team, and his service as chief medical adviser to the president.

That matters because a pardon deals with past conduct. It does not give someone a free pass for anything they do later. Several reports on the hearing say that if Fauci were to commit a new offense after the pardon — for example, intentionally giving false testimony under oath — the pardon would not protect him from that separate act.

What is perjury?

Perjury is the crime of lying under oath about something important. In Congress, witnesses who swear to tell the truth can face legal exposure if they knowingly make false statements on a material issue. The reports cited in this case do not include a court ruling on Fauci’s hearing, so the legal effect of any future testimony remains a matter of commentary rather than a decided case.

Why are Republicans still pressing him?

Republicans have long accused Fauci of misleading Congress and the public about COVID-19, especially questions about the virus’s origins and research funding. A House Oversight Committee web page reproducing Comer’s op-ed says Republicans wanted Fauci to testify and provide documents as part of their inquiry into COVID origins, including questions about EcoHealth Alliance and the National Institutes of Health.

Sen. Rand Paul, a Kentucky Republican who chairs the Senate committee hearing Fauci, has also been publicly critical of him. Reporting on Paul’s committee says Paul issued the subpoena for Fauci’s appearance. Paul has said he will make sure Fauci answers for his decisions and consequences, and he has argued that Fauci should be held accountable if he lies to Congress.

Other Republicans echoed that message. Fox News reported that Rep. John Joyce, a Pennsylvania Republican, said Fauci “must be held accountable” by both the House and Senate. In a separate interview reported by Stat, Robert F. Kennedy Jr. said, “He could perjure himself now,” and, “If he lies again, he could be subject to perjury prosecution.”

What happens Wednesday?

The Senate committee schedule identifies Fauci as a witness for Wednesday’s hearing. The available information does not spell out every question he will face, but the subject line is clear: congressional Republicans want him to answer for his past public statements and his role in the government’s COVID response.

The bottom line is simple. Biden’s pardon may cover Fauci’s past conduct in federal office, but it does not stop senators from asking questions under oath. And if Fauci were to lie in that hearing, Republicans are arguing that the pardon would not shield him from the consequences of a new offense.

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