The Most Prolific Serial Killer In History: Why a Blanket Pardon for Dr. Fauci Could Be Challenged in the Supreme Court

What happens when a nation’s highest office attempts to shield one of its officials from accountability for actions of global consequence?

Rumors of President Biden considering a blanket pardon for Dr. Anthony Fauci have sparked a wave of outrage and concern. The allegations against Fauci—including collaboration with the Chinese Communist Party (CCP) in the creation of SARS-CoV-2, suppression of dissenting scientists, and complicity in crimes against humanity—are of such gravity that they demand full scrutiny.

Can a blanket pardon preemptively absolve someone of such unprecedented accusations? Constitutional law, historical precedent, and the nature of the allegations suggest otherwise. This article delves into why such a pardon might not withstand judicial scrutiny, and why it’s imperative for justice to take its course.

The Legal Limits of Presidential Pardons

The U.S. Constitution grants the President the authority to issue pardons for "Offenses against the United States," but this power is neither absolute nor unlimited. Several legal arguments highlight why a blanket, preemptive pardon for Dr. Fauci could fall outside the scope of constitutional authority:

1. Specificity Requirement

Presidential pardons traditionally specify the offenses for which an individual is granted clemency. While there have been broad pardons in history, the notion of pardoning someone for unspecified future or past crimes—especially on a global scale—has never been explicitly upheld by the courts. The principle of specificity ensures accountability and prevents misuse of the pardon power. A blanket pardon for Fauci, without delineating the precise offenses, could violate this principle.

2. Scope of Federal Offenses

The President's pardon power applies only to federal offenses. Crimes against humanity and global genocide, as alleged against Dr. Fauci, may involve violations of international law that fall outside the scope of federal jurisdiction. This raises a critical question: Can the President pardon actions that extend beyond U.S. borders and potentially violate international legal norms?

3. Constitutional Constraints

The President is bound by an oath to "faithfully execute the laws." Granting a pardon that undermines this duty—particularly for alleged crimes of such severity—may conflict with this constitutional obligation. The Supreme Court has never ruled on the limits of the pardon power in cases involving global atrocities, leaving open the possibility for judicial intervention.

4. Admission of Guilt

Accepting a pardon is traditionally viewed as an implicit admission of guilt. A blanket pardon for Fauci could inadvertently affirm public perceptions of culpability, undermining his defense in both the court of law and public opinion. This dynamic could serve as a basis for challenging the pardon’s legitimacy, as it might not align with the intent of justice.

Historical Precedents and Legal Ambiguities

To understand the limitations of the presidential pardon power, it’s vital to examine historical precedents and the unresolved legal ambiguities surrounding blanket pardons.

1. Past Blanket Pardons

The U.S. has witnessed instances of broad pardons, such as President Gerald Ford's pardon of President Richard Nixon for any crimes he may have committed while in office. Similarly, President Andrew Johnson issued a blanket amnesty for Confederate soldiers during the Reconstruction era. These examples, while significant, differ fundamentally from a potential blanket pardon for Dr. Fauci:

• Nixon's pardon was limited to acts committed during his presidency and pertained exclusively to federal offenses.

• Confederate pardons were issued in a post-war context, aiming for national reconciliation, and did not involve global implications or crimes against humanity.

In Fauci's case, the alleged offenses extend beyond U.S. jurisdiction and involve actions with potential international ramifications, making this scenario unprecedented.

2. International Crimes and U.S. Jurisdiction

The allegation that Fauci collaborated in creating SARS-CoV-2 and suppressed dissenting scientists implicates not just U.S. laws but also international legal norms. The U.S. president’s pardon power does not extend to international courts or offenses that violate treaties the U.S. has ratified. Crimes against humanity, as defined under international law, are prosecutable in global courts.

3. Lack of Judicial Review of Pardons

The Supreme Court has historically avoided directly challenging presidential pardons, citing broad executive authority. However, a blanket pardon that undermines constitutional principles or violates international law could prompt the Court to define the limits of this power for the first time. Legal scholars debate whether the Founding Fathers intended for the pardon power to be so expansive as to allow absolution for crimes of global magnitude.

4. Precedents for Supreme Court Intervention

Although rare, the Supreme Court has intervened in cases involving executive overreach. For example:

• Youngstown Sheet & Tube Co. v. Sawyer (1952): The Court limited presidential authority when it was deemed to exceed constitutional boundaries.

• United States v. Nixon (1974): The Court required President Nixon to turn over tapes despite claims of executive privilege.

These cases demonstrate that the judiciary can act as a check on executive power when constitutional principles are at stake, setting a possible precedent for intervention in the event of a controversial blanket pardon.

Constitutional Constraints on Presidential Pardon Power

1. The Scope of "Offenses Against the United States"

The U.S. Constitution grants the president the power to issue pardons for "offenses against the United States." This raises critical questions:

• Do crimes with global implications, such as crimes against humanity or genocide, fall within the scope of "offenses against the United States"?

• Could a blanket pardon for actions tied to international law and treaties be inherently unconstitutional, as it might interfere with obligations under international conventions like the Geneva Conventions or the Biological Weapons Convention?

In the case of Dr. Fauci, allegations of complicity in the creation and coverup of SARS-CoV-2 extend beyond domestic boundaries. If these allegations align with crimes against humanity, then they might not qualify as "offenses against the United States" in the constitutional sense, limiting the president’s pardon power.

2. The "Faithful Execution" Clause

Article II, Section 3 of the Constitution requires the president to "take care that the laws be faithfully executed." A blanket pardon for Dr. Fauci that absolves him of potential culpability for global crimes could conflict with this duty. By granting such a pardon, the president might be perceived as obstructing justice or failing to uphold international laws and treaties the U.S. is bound to honor.

3. The Specificity Requirement

Legal scholars argue that the Constitution implies a specificity requirement for pardons. This principle, while not explicitly outlined, has been interpreted in prior rulings to mean that pardons must be tied to specific crimes or convictions:

• Blanket pardons that absolve individuals of unspecified offenses may not meet this threshold.

• A potential pardon for Fauci could face challenges if it fails to clearly define the scope of covered actions, especially when addressing complex, multifaceted allegations.

4. Separation of Powers Concerns

A blanket pardon could be seen as an encroachment on the judiciary’s role. The separation of powers doctrine ensures that the executive branch cannot undermine the judiciary’s authority to adjudicate cases. By preemptively absolving Fauci of responsibility for alleged crimes, a pardon could preclude judicial review and disrupt the balance of power.

5. Legal and Ethical Implications for Genocide and Crimes Against Humanity

Even if a pardon were legally valid under U.S. law, it could create significant ethical and diplomatic concerns. Crimes against humanity, as defined by international law, are considered jus cogens norms—peremptory legal principles from which no derogation is permitted. The international community could view a blanket pardon for Fauci as a violation of these principles, potentially exposing the U.S. to reputational and legal consequences.

6. Implications of Accepting the Pardon

By legal precedent, accepting a pardon is often regarded as an admission of guilt. If Fauci were to accept such a pardon, it could implicitly confirm his culpability for the alleged offenses, thereby intensifying public outcry and scrutiny. This dynamic could complicate efforts to shield him from future international investigations or prosecution.

Judicial Pathways for Challenging a Blanket Pardon

1. Standing for Legal Challenge

For a legal challenge to a presidential pardon to proceed, the challenging party must demonstrate standing. In this case, several entities could potentially claim standing:

• The Department of Justice (DOJ): As the principal federal prosecutorial body, the DOJ could argue that a blanket pardon interferes with its ability to investigate and prosecute alleged crimes.

• Congressional Oversight Committees: These committees could assert standing by claiming that such a pardon undermines their constitutional duty to oversee executive conduct.

• Survivors and Families of Victims: Individuals directly affected by the alleged crimes (e.g., those who lost loved ones to the pandemic) could assert that their rights to justice are being denied.

2. Pathways to Supreme Court Review

If a challenge to a blanket pardon were initiated, it could follow these legal pathways:

• District Court Ruling: The challenge would begin in federal district court, where arguments regarding the constitutionality and scope of the pardon would be presented.

• Appellate Review: An appeal of the district court’s ruling could escalate the case to the U.S. Court of Appeals.

• Petition for Certiorari: Either party could petition the Supreme Court to review the case. Given the unprecedented nature of a blanket pardon for global crimes, the Court would likely grant certiorari to address the constitutional implications.

3. Key Arguments Before the Supreme Court

In a Supreme Court challenge, these arguments could carry significant weight:

• Unconstitutionality of Blanket Pardons: Challengers could argue that the lack of specificity violates implied constitutional requirements and undermines the judicial system’s role.

• International Law Obligations: The Court could consider whether the pardon conflicts with the U.S.’s obligations under international treaties addressing crimes against humanity.

• Faithful Execution of the Laws: The challengers could assert that issuing such a pardon constitutes an abdication of the president’s duty under the "Take Care" clause.

4. Precedents and Their Application

While no Supreme Court precedent explicitly limits the president’s pardon power, historical cases could inform judicial reasoning:

• United States v. Wilson (1833): The Court ruled that a pardon must be affirmatively accepted to be valid, potentially implicating the admission of guilt principle.

• Ex parte Garland (1866): The Court recognized the broad scope of the pardon power but did not address whether it extends to crimes beyond U.S. jurisdiction or international norms.

• Burdick v. United States (1915): Reinforced that acceptance of a pardon implies an acknowledgment of guilt, which could have profound implications for Fauci’s legacy.

5. Likely Outcomes of Judicial Review

If the Supreme Court were to rule on the validity of a blanket pardon for crimes against humanity, possible outcomes include:

• Upholding the Pardon: The Court could find that the president’s pardon power is virtually unlimited, despite international implications.

• Striking Down the Pardon: The Court could rule that the specificity requirement, separation of powers, or conflict with international law invalidates the pardon.

• Narrowing the Scope: The Court might limit the pardon’s application to strictly federal offenses, excluding crimes against humanity or other global offenses.

Implications for Justice and Global Accountability

1. Restoration of Faith in Judicial and Democratic Systems

If the Supreme Court invalidates a blanket pardon for Dr. Fauci, it would signal that the U.S. judicial system can uphold justice even when powerful individuals are involved. This could restore public confidence in democratic principles and the rule of law, demonstrating that no one is above accountability.

2. Upholding International Commitments

Challenging and potentially overturning a pardon for crimes against humanity would reinforce the United States’ commitment to international treaties and norms. This could help restore America’s moral authority on the global stage, affirming that it will not shield individuals from consequences for actions that may have violated human rights.

3. A Precedent for Limiting Pardon Power

A ruling against such a pardon would establish a precedent that presidential pardon power has constitutional boundaries. This could discourage future misuse of the pardon power, particularly in cases involving crimes of global significance.

4. Implications for Victims and Their Families

Overturning the pardon would open the door for justice for millions of people affected by the pandemic. Families who lost loved ones due to the alleged actions of Fauci and his collaborators could seek accountability through judicial processes, offering a sense of closure and resolution.

5. Broader Implications for Global Justice

A ruling on this case could have ripple effects across the international community. It could set a precedent for how nations address leaders or officials accused of crimes against humanity, emphasizing the importance of individual accountability over political expediency.

The Path Forward

The Biden administration’s rumored plan to issue a blanket pardon for Dr. Anthony Fauci raises profound constitutional, legal, and ethical questions. Such a pardon would not only undermine the principles of accountability and justice but could also exacerbate public distrust in government institutions.

However, as this analysis demonstrates, all is not lost. The U.S. Supreme Court has the authority to interpret the limits of presidential pardon power, particularly in unprecedented cases like this one. By emphasizing the specificity requirement, adherence to international law, and the importance of checks and balances, the judiciary has the potential to prevent such a pardon from invalidating the rule of law.

For citizens, activists, and policymakers, this is a moment to advocate for transparency, justice, and adherence to democratic principles. The challenge against a blanket pardon for Dr. Fauci is not just about one individual; it is about ensuring that the system of checks and balances remains robust, protecting humanity from the misuse of power.

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