- Statute of limitations deadline: Legal action against Dr. Anthony Fauci regarding potential false testimony to Congress must be initiated by May 11, marking five years since the relevant period.
- Lab-leak hypothesis vs. official narratives: Public skepticism has grown toward the early zoonotic origin claims, while support for the theory that the virus escaped from the Wuhan Institute of Virology has been echoed by elements of the U.S. intelligence community.
- Recent legal developments: The Department of Justice has indicted David Morens, a former NIAID official, for allegedly concealing federal records and conspiring to protect specific research grants related to the pandemic's origins.
- Gain-of-function controversy: Testimony from NIH officials and internal documents suggest that U.S.-funded research at the Wuhan lab utilized techniques that meet technical definitions of gain-of-function work, contradicting previous categorical denials provided to Congress.
- Allegations of deceptive conduct: Records indicate Dr. Fauci was involved in reviewing scientific papers designed to dismiss the lab-leak theory while simultaneously testifying that the NIH did not fund the controversial research activities in question.
- Requirement for accountability: Proponents of further investigation argue that transparent legal proceedings are necessary to determine the full extent of U.S. government involvement in potentially dangerous viral research and to address alleged perjury regarding these expenditures.
Time is running out to prosecute Dr. Anthony Fauci. After May 11, Fauci — the man touted as “America’s doctor” during the pandemic and who led the US response — will be clear of the five-year statute of limitations. Past that date, he can’t be indicted over allegations that he lied to Congress about the origins of Covid or the US government’s role in funding research that may have led to the pandemic.
Six years after a contagion that killed millions and wrecked the global economy, one of the great unanswered questions of Covid is, how did it begin? Today, an overwhelming majority of Americans reject what in 2020 was more or less the official (but outlandish) story: namely, that the novel coronavirus sprang from a wet market in Wuhan, China, and somehow jumped from bats — or pangolins? — to humans.
This zoonotic theory of Covid’s origins still enjoys the backing of some scientists, but it is bedeviled by questions proponents can’t seem to shake off. For one thing, what was the intermediate animal that supposedly facilitated transmission? Who was Patient Zero? And how was it that the epicenter of the pandemic just happened to be located in Wuhan — one of a few virology labs in China authorized for research on dangerous coronaviruses?
That latter question points to a different hypothesis for Covid’s origins: that it resulted from a lab leak at the Wuhan Institute of Virology, where researchers had been conducting cutting edge “gain-of-function” research, combining different viruses to create dangerous hybrids for the purpose of better understanding future infectious diseases. The lab-leak theory has been endorsed by at least one agency in the US Intelligence Community — the CIA.
Yet Americans and the wider world may never know the full truth unless these questions are subjected to a deep and rigorous examination — and a Fauci trial, conducted to the standard of “beyond a reasonable doubt,” may be the only means left for this.
The justice system already appears to be tending in this direction. The Department of Justice this week charged David Morens — a former senior adviser to Fauci, then the director of the National Institute of Allergy and Infectious Diseases, part of the National Institutes of Health. The government accuses Morens of conspiring against the United States and destroying records related to Covid’s onset, among other crimes (Morens is presumed innocent until proved guilty).
The Morens indictment mentions “co-conspirators.” Americans must know: was his then-boss, Fauci, one of them? What we already know makes it implausible that he wasn’t. That makes a formal indictment all the more urgent for truth and accountability.
Since the early days of Covid, much of the scientific establishment has been working to discredit the lab-leak theory. As head of NIAID during the pandemic and the face of the government’s response, Fauci was a key player in this effort. Early on, he dismissed as a “conspiracy theory” the notion that Covid might have been created in a lab and leaked by accident. Yet there are reasons to suspect that NIAID under the leadership of Fauci funded the research that may have created Covid.
The case against Fauci, if the Justice Department brings one in the coming days, will likely revolve around charges that he perjured himself in testimony before Congress about this question of research funding and Covid’s origins. At a Senate committee hearing in May 2021, Fauci categorically stated in a tense exchange with Sen. Rand Paul (R-Ky.) that the NIH and NIAID did not fund gain-of-function research in Wuhan.
“You are entirely and completely incorrect,” Fauci snapped at Paul. “The NIH has not ever and does not now fund gain-of-function research in the Wuhan Institute of Virology.” At a follow-up hearing in July 2021, Fauci got into it again with the Kentucky senator, saying he didn’t retract his May statement about gain-of-function funding. At one point, he jabbed a finger at Paul and shouted, “If anybody’s lying here, senator, it is you!”
But this week’s indictment of Morens for concealing federal records related to the pandemic has revived the debate about Fauci and created new pressure on the Trump DOJ to revisit Fauci’s truthfulness before Congress.
The records in question have to do with precisely what Fauci has repeatedly denied: gain-of-function research at the Wuhan Institute of Virology — funded by an NIH grant. According to the indictment, Morens pledged to help “Co-Conspirator 1,” described in the indictment as the head of a US-based nonprofit, restore a canceled NIH grant for “Company #1.” The canceled grant was titled, Understanding the Risk of Bat Coronavirus Emergence, and it was canceled amid allegations that Covid came from the Wuhan institute.
The descriptions of Co-Conspirator 1 and Company #1 point directly to Peter Daszak, former head of the now-defunct EcoHealth Alliance, which subcontracted a 2014 NIH grant to the Wuhan lab for gain-of-function research on bat coronaviruses. (Neither Daszak nor EcoHealth Alliance are named in the indictment, but reporting in The New York Times and elsewhere imply that they are indeed the person and entity referred to in the indictment).
What’s more, the indictment alleges that these co-conspirators gave Morens “illegal gratuities” and wine for his “behind-the-scenes shenanigans.” As Acting Attorney General Todd Blanche put it in a statement: “Morens … allegedly identified an official act that he could perform to ‘deserve’ the gift, which was a scientific commentary in a prominent medical journal advocating that Covid-19 had natural origins.”
To put the dots together: The government’s case against Morens suggests that the NIH did approve a grant that funded precisely the kind of research that could have created Covid, in the very city where Covid first appeared. Once the pandemic broke out and EcoHealth Alliance lost its NIH funding, Morens allegedly tried to help restore this funding in his official capacity as a senior NIH official, but concealed his efforts to do so. It follows that Fauci’s statements before Congress categorically denying such funding were false.
The indictment also corroborates a statement by NIH principal deputy director Lawrence Tabak, who at a 2024 House committee hearing admitted that the US government funded gain-of-function research in Wuhan. Asked directly by then-Rep. Debbie Lesko (R-Ariz.) whether NIH funded gain-of-function research at the Wuhan lab through EcoHealth Alliance, Tabak said: “It depends on your definition of gain-of-function research. If you’re speaking about the generic term, yes, we did.”
Splitting hairs over what exactly constitutes gain-of-function research, or what the accepted definition of the term is, was a recurring feature of Fauci’s sparring in Senate hearings with Paul and other lawmakers during the pandemic. At a Senate hearing in November 2021, Paul brought up the gain-of-function research on bat coronaviruses that EcoHealth Alliance subcontracted to the Wuhan lab through its 2014 NIH grant. Fauci responded by calling Paul’s line of questioning an “egregious misrepresentation,” and insisting that his characterization of the research didn’t meet the NIH’s definition of gain of function, which was formalized by the White House Office of Science and Technology Policy in January of 2017.
Yet Fauci’s own past statements uphold Paul’s definition of gain of function. In a June 2021 letter, Reps. James Comer and Jim Jordan — then the Republican ranking members of the House Committee on Oversight and Reform and the House Committee on the Judiciary, respectively — asked Fauci to reconcile his past statements with his May 2021 assertion under oath that the NIH never funded gain-of-function research at the Wuhan lab.
The letter quoted Fauci at a 2012 conference on gain-of-function research at which he said: “what historically investigators have done is to actually create gain of function by making mutations, passage adoption, or other genetic techniques, such as reverse genetics.” The letter then quoted the 2014 NIH grant to EcoHealth Alliance, which allowed it to “test predictions of [coronavirus]…transmission…using reverse genetics…” In other words, NIH was contracting research that fit Fauci’s own definition of gain of function.
“Using your own definition,” wrote Comer and Jordan, “it appears the NIH funded gain-of-function research at the [Wuhan Institute of Virology].” They closed their letter by asking Fauci to “explain the apparent discrepancy in your recent testimony.”
Fauci, who once claimed to personally embody science, has been widely criticized for playing fast and loose with the facts. In addition to his shifting statements about masking and social distancing protocols during the pandemic, he was secretly involved in a widely cited March 2020 paper published in the prestigious journal Nature Medicine on the “proximal origins” of Covid. The paper was designed specifically to discredit the idea of a lab leak. “Our analyses clearly show that SARS-CoV-2 is not a laboratory construct or a purposefully manipulated virus,” the authors stated. “We do not believe that any type of laboratory-based scenario is plausible.”
Fauci mentioned this paper to White House reporters in April 2020 as evidence against the lab-leak theory of Covid’s origin — without revealing that he had been involved in its creation, as emails released in a congressional inquiry eventually revealed. RealClearInvestigations journalist Paul Thacker uncovered that Fauci admitted during a multiday deposition by the House Oversight Committee in 2024 that he had indeed read multiple drafts of the paper, and even emailed with the authors about it. Yet Fauci had previously told The New York Times that he wasn’t sure if he ever got around to reading the paper.
It’s easy to dismiss all this as water under the bridge. The pandemic is over, Fauci is out of the government. In the words of that infamous 2022 essay in The Atlantic, can’t we just declare a “pandemic amnesty” and move on?
In a word, no. As RealClear’s Thacker has noted elsewhere, while “dissembling to the media is not a crime, lying to Congress is illegal.” More than any other single person, Fauci was in a position to shed light on the origins of Covid at the moment the pandemic arrived on American shores. It might have required coming clean about what the NIH and NIAID had been funding in China on his watch, and it might have even required him to resign in disgrace over the scandal such an admission would cause.
But it would have been the right thing to do. In addition to helping government officials and medical providers better understand what we were dealing with, possibly even saving American lives, it would have opened up space for a reckoning about what US tax dollars had been paying for overseas. Later, there might have been a chance at accountability for those responsible for funding reckless gain-of-function research.
Instead, Fauci dissembled about what he knew, the government’s role, and the part he himself played in all of it. There is still a chance to hold him at least partially accountable. But time is running out.
johnddavidson





