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FAUCI PARDON: NOT BULLETPROOF
On the Pardon: Before the hearing @SenRandPaul
a former senior Justice Department prosecutor told me there are three, viable legal strategies to challenge the preemptive Biden pardon.
But there is no easy path.
One strategy calls for charging Fauci with a crime, with the expectation he would file a motion with the court to dismiss based on the pardon. This could open the door to challenging the sweeping pardonโs viability and years of litigation.
Another strategy involves Congress. Because Fauci has theoretically been preemptively pardoned against past and future criminal charges related to his NIH work, it can be argued that Fauci has no plausible claim to the 5th Amendment, the right against self-incrimination.
If Fauci takes the Fifth at Senator Paulโs hearing (which he has) the committee could seek to compel Fauci's testimony. A finding of contempt could follow.
Finally, one of Fauciโs closest associates has been criminally charged. With pressure and the right incentives he might be flipped and become a cooperating witness.
Dr. David Morens, who was a senior advisor to Fauci at the National Institute of Allergy and Infectious Diseases, was indicted on multiple charges including conspiracy and obstruction, including destruction, alteration or falsification of federal records.
Along with allegations that personal email accounts were used to evade the Freedom of Information Act, this could be a powerful motivator.
From media reports: Dr. David Morens has pleaded not guilty to all five federal criminal counts.
NOTE: @SenRickScott
has just raised the Morens case. Fauci continues to take the Fifth.
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**This has been reposted to correct TYPO fourth line