Speaking at the Yale Federalist Society earlier this month, DeSantis — a
longtime critic of Fauci — said the “preemptive” pardon former
President Joe Biden granted Fauci last month protects him from federal
prosecution — but not state prosecution.
DeSantis’
comments came as 17 state attorneys general sent a letter to
congressional leaders earlier this month, inviting Congress to share
with state investigators evidence that might implicate Fauci.
“While
Biden’s preemptive pardon is likely to shield Fauci from federal
prosecution, it does not preclude state prosecution,” said attorney Greg
Glaser.
“Under the legal principle of dual
sovereignty, each state retains the authority to pursue its own
investigations and prosecutions for violations of its own state law.
This is supported, for example, by the Tenth Amendment, which reserves
powers not delegated to the federal government to the states,” Glaser
said.
DeSantis said it’s “very possible” new Florida
Attorney General James Uthmeier, his former chief of staff, would seek
to prosecute Fauci, whom he called the “chief henchman” of the U.S.
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