Published July 29, 2026 at 9:11 AM ET · Updated July 29, 2026 at 2:05 PM ET
Sen. Rick Scott tells Fauci he is hiding behind a 'fraudulent' autopen pardon
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Senator Rick Scott said Anthony Fauci is hiding behind a fraudulent autopen pardon. Scott accused Fauci of using the pardon to avoid accountability.
Patriot Watch first flagged this story 6 hr ago, when RealClearPolitics reported it. Coverage has since grown to 2 independent outlets. The most recent report came 3 hr ago from Breitbart. Verification tier: Corroborated — reported by at least two independent outlets.
⚖ The Constitutional Angle
Ex parte Garland held the pardon power reaches every federal offense and may be exercised at any time after commission, including before any charge, so a preemptive pardon for past conduct is within the President's authority. Whether a pardon signed by autopen rather than the President's own hand is valid is unsettled; no court has decided it and the question remains pending.
Ex parte Garland 71 U.S. (4 Wall.) 333 (1867)
Vote: 5-4 · Opinion: Field
Two holdings. (1) The 1865 test-oath act, as applied to attorneys, was a bill of pains and penalties (within the bill-of-attainder ban) and an ex post facto law: exclusion from a profession for past conduct is punishment. (2) On the pardon: 'The power thus conferred is unlimited, with the exception stated. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment. This power of the President is not subject to legislative control.
Precedent facts from the PW Law Library — primary-source verified & independently audited
