Former Deputy Assistant Attorney General and UC Berkeley law professor John Yoo appeared on Fox News on Tuesday to explain that any false statements by Dr. Anthony Fauci while under oath before Sen. Rand Paul’s committee on Wednesday will not be shielded by former President Joe Biden’s preemptive autopen pardon and could result in federal criminal charges.
Yoo explained, “He can’t claim that the pardon would cover any of his answers now. You can only be pardoned for lying to Congress from before the pardon. If he commits a lie before Congress now, he’ll be committing a federal crime and could be prosecuted.”
WATCH:
🚨 NOW: Legal expert John Yoo confirms that Dr. Fauci can be CRIMINALLY PROSECUTED if he commits perjury before Rand Paul’s committee tomorrow
“He can’t claim that the pardon would cover any of his answers NOW. You can only be pardoned for lying to Congress from before the… pic.twitter.com/SrnKGp8Z44
— Eric Daugherty (@EricLDaugh) July 28, 2026
Fauci is scheduled to appear before the Senate Homeland Security and Governmental Affairs Committee (HSGAC), which Paul chairs.
Paul has long called for Fauci’s prosecution.
This is not a voluntary appearance.
Paul subpoenaed Fauci after earlier efforts to secure testimony and records stalled.
The committee will examine Fauci’s role in the COVID-19 pandemic response, the origins of the virus, gain-of-function research funding, record-keeping practices, and discrepancies between his public statements and private writings.
Paul has made clear he intends to demand answers on the consequences of Fauci’s decisions for millions of Americans.
Fauci told the world COVID came from a wet market, but his own diary says otherwise. He lied to the public while knowing the truth. Time to hold Fauci accountable. pic.twitter.com/1hOcVZL1zP
— Senator Rand Paul (@SenRandPaul) July 28, 2026
In recent posts, the Kentucky senator emphasized that “legacy media let Fauci control how Americans lived during COVID and never held him accountable. That will not be forgotten. Tomorrow I will demand real answers from Fauci.”
Legacy media let Fauci control how Americans lived during COVID and never held him accountable. That will not be forgotten. Tomorrow I will demand real answers from Fauci, just as @FaulknerFocus on @FoxNews said the public deserves. pic.twitter.com/2YlBsitxGu
— Senator Rand Paul (@SenRandPaul) July 28, 2026
Paul has also released diary evidence showing Fauci privately knew early cases were not linked to the Huanan wet market even as he publicly pushed the natural-origin narrative.
In the final hours of his presidency in 2025, Biden issued a sweeping preemptive pardon to Fauci.
The pardon covered potential federal offenses tied to Fauci’s official duties.
Legal experts, including Yoo, have explained that a presidential pardon applies to past or completed acts. It cannot immunize future crimes.
Perjury before Congress is a federal offense under 18 U.S.C. § 1621.
Any material false statement Fauci makes under oath tomorrow constitutes a new crime committed after the pardon’s effective date. That opens the door to Department of Justice prosecution.
Paul has repeatedly referred Fauci to the DOJ over earlier testimonies, most notably 2021 statements denying that NIH funded gain-of-function research at the Wuhan Institute of Virology via EcoHealth Alliance.
Those referrals did not result in charges under the prior administration.
The Kentucky senator has also accused Fauci of destroying or deleting official records, a claim backed by emails that contradict earlier sworn denials. This will likely be central to the questioning tomorrow.
The Gateway Pundit will be among the many keeping an eye out for false statements during the testimony and will provide updates as the situation unfolds.
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