Last year, as we reported at PJ Media at the time, Fauci staffer Dr. David Morens appeared before Congress, at which time he was presented with smoking-gun evidence that he had intentionally skirted FOIA laws to prevent evidence of Fauci’s culpability in covering up COVID origins from ever seeing the light of day.
Related: Fresh Evidence of Fauci-directed COVID Origin Coverup Emerges
Why Morens — who did not receive a federal pardon like his boss — hasn’t been indicted yet for his crimes is a separate issue.During Congressional testimony in 2024, Fauci fielded the question regarding whether he had ever “engaged in attempts to obstruct the Freedom of Information Act and the release of public documents,” to which he answered “no” (emphasis added):
Mrs. LESKO: Dr. Morens, your senior advisor for over 20 years, said in an email dated February 24, 2021, ‘‘I learned from your FOIA lady here now how to make emails disappeared when I am FOIA’ed but before the search starts, so I think we are all safe. Plus, I deleted most of these earlier emails after sending them to Gmail.’’
In another email, dated 4/21/21, Dr. Morens said, ‘‘I forgot to say, there is no worry about FOIAs. I can either send stuff to Tony,’’ meaning you, ‘‘on his private email or hand it to him at work or at his house. He is too smart to let colleagues send him stuff that could cause trouble.’’
Dr. Fauci, were you ever engaged in attempts to obstruct the Freedom of Information Act and the release of public documents?
Dr. FAUCI. No.
We know now, thanks to work by Sen. Rand Paul to dig up more Fauci emails, that that was a brazen lie — a criminal act, as it was proffered under oath.
Strategizing on the government’s propaganda efforts with his chief-of-staff Greg Folkers, using his official NIAID email, Fauci ordered him to “delete this after you read it.”
Freshly released emails expose another layer of the Fauci COVID Coverup. In April 2020, his staff flagged my post on NYC’s soaring death rate.
— Senator Rand Paul (@SenRandPaul) September 10, 2025
Fauci’s reply?
Call me “full of s..t,” spin the numbers, and order your staff to “delete this after you read it.” He knew the… pic.twitter.com/cGvFn4OzX3
Conspiring with other government employees to knowingly defy federal record-keeping laws is, in fact, a codified criminal offense, for which Fauci could face up to three years in prison.
Via Department of Justice (emphasis added):
The necessary measure of protection for government documents and records is provided by 18 U.S.C. § 2071. Section 2071(a) contains a broad prohibition against destruction of government records or attempts to destroy such records. This section provides that whoever: willfully and unlawfully; conceals, removes, mutilates, obliterates or destroys; or attempts to conceal, remove, mutilate, obliterate or destroy; or carries away with intent to conceal, remove, mutilate, obliterate or destroy; any record, proceeding, map, book, paper, document or other thing deposited in any public office may be punished by imprisonment for three years, a $2,000 fine, or both.
The obvious sticking point is the pardon that Biden’s handlers benevolently gave Fauci in the final days of office, likely knowing that even more evidence of Fauci’s criminality would eventually come to light once Republicans controlled both the legislature and executive branches.
Nonetheless, Rep. Comer’s Congressional inquiry concluded that the incapacitated Biden “wasn’t the one that was directing the use of that autopen” — which, if true, would render the pardon null and void, and open up whoever was using that autopen to pardon criminals in Biden’s name to potential charges as well.
And, at any rate, the federal pardon does not prevent states’ attorneys general from bringing state charges against the yet-unindicted Fauci for any crimes he may have (likely did) commit over the course of the past five years or even beyond, depending on statutes of limitations.
Related: 19 State Attorneys General Signal Intent to Prosecute Fauci