Senator Rand Paul of Kentucky has officially requested the Department of Justice to consider a criminal investigation into Dr. Anthony Fauci's pardon, which was reportedly signed using an autopen. The issue at hand is the legitimacy of the pardon, as it was executed during the final hours of former President Joe Biden's term without his direct involvement. The New York Times disclosed that Jeff Zients, the then-White House Chief of Staff, authorized the usage of the autopen on January 19, which was Biden's last full day in office.
The pardons, including that of Dr. Fauci and former Representative Liz Cheney, have fueled political debates due to the high-profile nature of the individuals involved. The report suggests that President Biden set the general criteria for these pardons but did not personally sign each document. This has elicited serious concerns from Senator Paul about the employment of the autopen in this context, suggesting that it might constitute criminal misconduct.
"If President Biden did not personally approve or sign Dr. Fauci’s pardon, it may be invalid and legally problematic," Senator Paul stated in his referral to Attorney General Pam Bondi. He urged the DOJ to assess whether using the autopen contravenes statutory or constitutional requirements for executive clemency.
This controversy has rekindled criticism from President Donald Trump, who has been a vocal critic of Dr. Fauci's handling of the COVID-19 pandemic. Trump has called for Republicans to scrutinize the validity of all pardons issued via autopen and proposed that Congress set more explicit limitations on presidential clemency delegation.
Historically, autopens have been utilized by presidents for routine tasks, such as signing letters or messages of condolence. However, their use in executing presidential pardons, particularly for politically sensitive figures, is both unusual and potentially unprecedented. Critics argue that this practice may not align with the constitutional expectation that the president personally grants clemency.
Dr. Fauci has acknowledged receiving the pardon, maintaining that he "committed no crime." He described the pardon as a preemptive measure to safeguard against potential politically motivated legal action. Fauci has not commented on the signing method of his pardon.
In a subsequent interview with The Times, former President Biden admitted that he did not review each pardon individually, noting that his lack of direct involvement primarily referred to routine criminal cases, not the high-profile ones in question.
The House Oversight Committee, chaired by Rep. James Comer of Kentucky, has launched an investigation into the pardon circumstances. The committee is now seeking internal communications and records from the closing days of the Biden administration to evaluate the level of presidential oversight in the clemency process.
As these investigations by Congress and the DOJ progress, the outcomes may set significant precedents for the administration of executive clemency during presidential transitions. The findings may impact how future administrations strike a balance between operational efficiency and constitutional responsibilities when issuing pardons.
