Justice Department Weighs Potential Charges Against Anthony Fauci After Statute Deadline

The Justice Department is examining whether to bring additional criminal charges against Dr. Anthony Fauci for alleged conduct that extends beyond a May 11 deadline, according to a report. Fauci testified before a Senate committee on May 11, 2021, that he did not fund gain-of-function research that genetically altered coronaviruses at the Wuhan Institute of Virology.

The five-year statute of limitations on charges related to that specific testimony expired on Monday. The former top U.S. infectious disease official could still face other potential charges tied to lesser-known contested testimony or conduct closer to the present day, insiders said.

These could include allegations of conspiracy. Such cases would not be as straightforward as the original funding denial but could still result in court proceedings. Pressure to pursue charges increased last month after Fauci's former senior adviser David Morens was indicted on one count of conspiracy and four counts related to destruction, alteration, falsification, concealment, removal or mutilation of records.

The prior administration issued a pardon for Fauci on Jan. 19, 2025, covering offenses from the previous 10 years. The current administration has declared that pardon and others signed by autopen to be null and void, citing questions about authorization.

The Justice Department has not yet tested that position in court. A leadership change at the Justice Department occurred on April 2 when the attorney general was replaced by an acting attorney general. It remains unclear how that transition affected the review of potential charges against Fauci.

One source said Fauci is not viewed internally as a top target.

The group obtained emails through the Freedom of Information Act showing Fauci directed a reporter to contact him at a personal Gmail address to discuss experimentation on beagles. Goodman said opportunities exist at both federal and state levels to hold Fauci accountable for statements related to the COVID-19 response.

State offenses are not covered by the federal pardon. He added that officials with the political will to pursue such cases could still act.