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Committee introduces RS 32,005 saying federal pardon for Dr. Fauci would not bar state prosecution

2225021 · January 22, 2025
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Summary

The House State Affairs Committee introduced RS 32,005, a nonbinding resolution asserting that a federal pardon granted to Dr. Anthony Fauci does not affect state-level legal authority. Representative Tanner moved to introduce the resolution and send it to the second-reading calendar; the motion passed with two members recorded as voting no.

Representative Tanner introduced RS 32,005 to the House State Affairs Committee, saying the resolution is intended to state that a federal pardon for Dr. Anthony Fauci would not prevent state-level investigations or prosecution.

"Just because he received this federal pardon does not mean that he cannot be prosecuted from with Idaho with the crimes that he committed here," Representative Tanner said when presenting the measure.

The resolution underscores a separation of federal and state jurisdiction over criminal matters, according to Tanner, and argues the federal pardon granted to Dr. Fauci "does not affect legal proceedings, investigations and potential prosecution for state crimes under the authority of state government." Tanner also accused Fauci of actions that "shut down businesses" in Idaho, and of promoting mask mandates, lockdowns and restrictions he described as harmful; Tanner described the federal pardon as one that "does not inspire confidence" among Idaho residents.

Committee member Representative Skogg asked Tanner whether he had evidence of state-level crimes; Tanner replied he had not seen allegations presented but said county prosecutors would likely be the authorities with the practical ability to bring state charges. After discussion, Representative Tanner moved to introduce RS 32,005 and send it to the second-reading calendar with a "do pass" recommendation.

The committee approved the motion. The clerk recorded Representative Achilles and Representative Morley as voting no on the introduction motion; the committee chair called the motion "carried." No formal investigation, specific criminal charges, or prosecutorial referrals were recorded in the committee transcript.

Because RS 32,005 is a resolution setting out a legal position about jurisdictional limits, it is not itself a criminal charge and does not by itself initiate state prosecution. The transcript record shows committee members discussed jurisdictional mechanics—that county prosecutors would have primary authority to bring state criminal charges—but no county prosecutor or law-enforcement official presented evidence at the hearing.

The committee proceeded to other agenda items after the vote.