united-states criminal-procedure
What is the status of Rand Paul&#39;s criminal referral to the DOJ relating to allegations levied against Dr. Anthony Fauci?
<p>On July 26th 2021, Senator Rand Paul of Kentucky sent a <a href="https://twitter.com/JerryDunleavy/status/1419036445805776898/photo/1" rel="nofollow noreferrer">letter</a> to Attorney General Merrick Garland to criminally investigate Dr. Anthony Fauci for allegations of lying to congress on May 11, 2021, specifically, the alleged violation of <a href="https://www.law.cornell.edu/uscode/text/18/1001" rel="nofollow noreferrer">18 U.S.C Section 1001</a>.</p>
<p>This issue still seems to be a perceived concern in conservative media and specifically <a href="https://www.foxnews.com/opinion/rand-paul-faucis-gain-of-function-conspiracy" rel="nofollow noreferrer">Rand Paul</a>.  However, I have not seen any formal legal progress on this front, such as a justification for dismissal as to why it is frivolous. Hence my question:</p>
<h1>Question</h1>
<p>Has there been any further legal fillings made, or investigations started relating to Rand Paul's letter to the DOJ as described above?</p>

<p>The exchange between Fauci and Paul was reported in <a href="https://www.cnbc.com/2021/07/20/if-anybody-is-lying-here-senator-it-is-you-fauci-tells-sen-paul-in-heated-exchange-at-senate-hearing.html" rel="nofollow noreferrer">&quot;‘If anybody is lying here, senator, it is you,’ Fauci tells Sen. Paul in heated exchange at Senate hearing&quot;</a> from <em>CNBC</em>.</p>
<p>The formal referral was reported in the news story <a href="https://thehill.com/changing-america/well-being/prevention-cures/564803-rand-paul-sends-official-criminal-referral-on" rel="nofollow noreferrer">&quot;Rand Paul sends official criminal referral on Anthony Fauci to DOJ&quot;</a> from <em>The Hill</em></p>
<p>An October 2021 <em>Washington Post</em> editorial <a href="https://www.washingtonpost.com/opinions/2021/07/22/what-the-fight-between-anthony-fauci-and-rand-paul-is-really-about/" rel="nofollow noreferrer">&quot;What the fight between Anthony Fauci and Rand Paul is really about&quot;</a> discussed the accusations from both men but did not mention any further investigation by the DoJ.</p>
<p>The October 2021 <em>Rolling Stone</em> story [&quot;‘Molecularly Impossible’: Fauci Blasts Rand Paul for Covid Lab Theory&quot;], also discussed the accsuations by Paul, but made no mention of any DoJ investigation.</p>
<p>The October 25, 2021 story <a href="https://www.businessinsider.com/fauci-gain-of-function-research-wuhan-institute-rand-paul-2021-10" rel="nofollow noreferrer">&quot;Fauci disputes NIH-funded research at Wuhan Institute involved gain of function as Rand Paul calls for his firing&quot;</a> by <em>The Insider</em> again mentions the accusations by Paul and the counter-accusations by Fauci, but makes no mention of any DoJ investigation.</p>
<p>In December 2021 <em>The Independant</em> published <a href="https://www.independent.co.uk/news/world/americas/us-politics/rand-paul-dr-fauci-lies-congress-b1968856.html" rel="nofollow noreferrer">&quot;Rand Paul says Fauci should be jailed for five years for lying to Congress – something fact checkers insist he did not do&quot;</a>. That story quotes Paul as saying:</p>
<blockquote>
<p>But he should be prosecuted for lying, but at the very least he should be taken out of his position because I think he cost people's lives through misinformation</p>
</blockquote>
<p>and goes on to cite various inaccurate statements by Paul on Covid-related issues. The story does not mention any action taken by the DoJ on the referral, roughly six months after the formal accusation.</p>
<p>In a story from <em>NBC</em> <a href="https://www.nbcnews.com/politics/congress/fauci-says-sen-paul-s-attacks-kindle-crazies-who-have-n1287299" rel="nofollow noreferrer">&quot;Fauci says Sen. Paul's attacks 'kindle the crazies' who have threatened his life&quot;</a> dated Jan 11 2022, there is mention of the earlier exchange but still no mention of any investigation being undertaken by the DoJ.</p>
<p>In fact, I can find no mention of the US DoJ ever having opened or conducted any investigation into Fauci lying to Congress. The DoJ is not required to start an investigation for every referral or letter asking it to do so, not to announce its reasons for not starting an investigation. Nor does it publicly announce all investigations that it starts or closes.</p>
<p>The (lack of) evidence available is consistent with the DoJ having simply ignored Paul's letter of referral, but it does not prove that. There could be a non-public investigation in progress.</p>

<p>October 21, 2021 during the committee hearing on the oversight of the United States Department of Justice the following question was asked by House representative Andy Biggs from Arizona:</p>
<blockquote>
<p>On May 24th, 2021, under oath before a congressional committee, Dr.
Anthony Fauci denied the National Institute of Health provided any funding for gain-of-function research, saying &quot;that, categorically, was not done&quot;. Today, this very day, the NIH issued a statement contradicting that testimony, which suggests that Dr. Fauci may have committed perjury.</p>
<p>This is a criminal offense, and I'm left to wonder if you intend to
look into that and send in the communications, such as a letter or a
memo similar to the October 4th memo that you issued regarding parents
going to school board meetings, to investigate Dr. Fauci's potential
perjury.</p>
</blockquote>
<p>Attorney General Merrick Garland replied:</p>
<blockquote>
<p>Again, I'll refer to the long-standing departmental norm that we don't
comment investigations pending or unpending. The general point that
you're making normally comes with -- would come with a referral from
the relevant committee, but other than that, I can't say anything.</p>
</blockquote>
<p>Watch online: <a href="https://www.youtube.com/watch?v=v_5Cxa6u1v0&amp;t=11510s" rel="nofollow noreferrer">https://www.youtube.com/watch?v=v_5Cxa6u1v0&amp;t=11510s</a></p>
<p>Source: search result from <code>site:justice.gov &quot;gain of function&quot;</code></p>
