They Called Us Conspiracy Theorists. Now They're Pleading the Fifth.

Alan Marley • August 12, 2026
Questions We Were Not Allowed to Ask: It Is Time for a Real COVID Accounting — Alan Marley
Public Health & Accountability

Questions We Were Not Allowed to Ask: It Is Time for a Real COVID Accounting

We were told to trust the science. We were told the lab leak was a conspiracy theory. We were told school closures were necessary. We were told gain-of-function was not funded. The documented record now raises questions that nobody in authority seems willing to answer under oath. Why not?

Innocent people do not need pardons. People who have nothing to hide do not invoke the Fifth Amendment one hundred times. People who told the truth do not require a lame-duck president to shield them from federal prosecution in the final hours of his term. These are not accusations. They are questions. And the American people deserve answers.

I want to be precise about what this post is and what it is not. It is not a declaration that Anthony Fauci or any other specific individual committed a crime. Courts determine guilt and I am not a court. What this post is, is a series of questions that the documented public record raises and that the people responsible for America's COVID response have not answered honestly under oath. Questions that the rest of us were called conspiracy theorists, anti-science, and in some quarters murderers and worse, for even asking during the pandemic. We were silenced, censored, ridiculed and in some cases fired for asking them. The documents that have since emerged, the pardons that were issued, the Fifth Amendment invocations, the debarments, the contradictions between congressional testimony and internal emails, all of that material is now part of the public record. It raises questions a free people are entitled to ask and that a free press is supposed to demand be answered. So let us ask them.

Why Would an Innocent Man Need a Pardon?

On January 19, 2025, in the final hours of his presidency, Joe Biden issued a preemptive pardon to Anthony Fauci covering any federal offenses committed between January 1, 2014 and January 19, 2025. Biden said the pardon was necessary to protect against unjustified and politically motivated prosecutions. Fauci said he committed no crime and there were no possible grounds for any allegation. The Associated Press noted that Biden used the pardon power in the broadest and most untested way possible, pardoning someone who had not even been investigated for a crime.

Here is the question the American public is entitled to ask: if Fauci committed no crime and there were no possible grounds for any allegation, what exactly does the pardon protect? A pardon covers past federal offenses. You cannot pardon someone for crimes they did not commit. The legal effect of a pardon presupposes the existence of conduct that could constitute a crime. So which is it? Either the pardon was a meaningless political gesture that accomplished nothing, or it protected against something real. Biden and Fauci cannot have it both ways. And here is the detail that should be in every news story but mostly is not: the pardon's start date is January 1, 2014. That is precisely the year that NIH grant AI110964 began. That is the grant that funded the EcoHealth Alliance's bat coronavirus research that eventually involved the Wuhan Institute of Virology. Is that date a coincidence? It is a fair question.

The Pardon Dates That Demand Explanation

Biden pardoned Fauci on January 19, 2025, covering federal conduct from January 1, 2014 to January 19, 2025. NIH grant AI110964, which funded EcoHealth Alliance's bat coronavirus research including work subcontracted to the Wuhan Institute of Virology, began in 2014. In October 2014, the federal government imposed a moratorium on gain-of-function research funding. In 2016, NIAID staff internally flagged that EcoHealth Alliance progress reports appeared to involve research covered under the moratorium. The pardon begins at the exact moment the funding relationship that is most legally and scientifically contested began. Nobody in the press has asked the White House to explain why 2014 was chosen as the start date rather than, say, 2020 when the pandemic began. That question deserves an answer.

Why Did He Invoke the Fifth One Hundred Times?

On July 29, 2026, Fauci appeared under subpoena before the Senate Homeland Security and Governmental Affairs Committee and invoked the Fifth Amendment more than one hundred times. He said he was following his attorney's advice and feared being trapped into statements that could expose him to prosecution. He said the pardon did not fully protect him because it could not cover new testimony that might constitute perjury or false statements.

Every American has the constitutional right to remain silent. That right is real and it applies to popular and unpopular people equally. But here is the question the American people are entitled to ask: this is the man who told us to trust the science, who told us masks worked and then told us they did not, who told us schools had to close and then denied advising school closures, who told Congress that NIH never funded gain-of-function research at the Wuhan Institute of Virology, who was held up for years as the singular authoritative voice on a pandemic that upended every American life. That man now cannot answer questions about his conduct under oath without risking prosecution. What does that tell us? We are not allowed to draw conclusions. We are entirely within our rights to ask the question.

He told millions of Americans to trust the science. He told Congress that NIH never funded gain-of-function research. He told us he had nothing to hide. Now he will not answer questions under oath. At what point does the American public get to ask why?

The Gain-of-Function Question That Will Not Go Away

In May 2021, Fauci testified before Congress: "The NIH has not ever and does not now fund gain-of-function research in the Wuhan Institute of Virology." That statement is on the record. Also on the record is a 2012 conference at which Fauci defined gain-of-function research as including reverse genetics. Also on the record is NIH grant AI110964, awarded in 2014 to EcoHealth Alliance, which funded bat coronavirus research using reverse genetics techniques. Also on the record is a 2016 internal NIH email in which NIAID staff flagged that EcoHealth Alliance progress reports appeared to involve research covered under the 2014 gain-of-function moratorium. Also on the record is Fauci's own May 2021 concession that "it is impossible to guarantee that researchers at the Wuhan Institute of Virology did not use American funds to perform gain-of-function research on coronaviruses."

In January 2025, the Department of Health and Human Services cut off all funding to EcoHealth Alliance and formally debarred it and its former president Peter Daszak for five years based on evidence produced by the House Select Subcommittee on the Coronavirus Pandemic. The Select Subcommittee found that EcoHealth repeatedly violated the terms of its NIH grant, ignored government oversight requests, failed to report dangerous gain-of-function experiments being conducted in Wuhan and produced a required research report two years late. The DARPA Project Defuse proposal, which sought funding for coronavirus gain-of-function research at the Wuhan Institute of Virology, was rejected by DARPA in part because of gain-of-function concerns. These are not rumors or conspiracy theories. They are documented findings from official government investigations. The question is not whether something wrong happened. The question is how far up the chain responsibility travels and why the people at the top of that chain will not answer questions under oath.

What Did We Know and When Did We Know It?

In early 2020, a group of prominent virologists communicated privately with Fauci about the possibility of a laboratory origin for SARS-CoV-2. Some of those scientists expressed serious concern about the virus's features in private communications. Days later, several of those same scientists published a letter in The Lancet organized by Peter Daszak, declaring the lab leak hypothesis a conspiracy theory without disclosing that Daszak had direct financial relationships with the Wuhan Institute of Virology through his EcoHealth Alliance grants. The Lancet letter was used for months as authoritative scientific consensus dismissing lab leak. When that conflict of interest was eventually exposed, the letter's influence on public health policy and media coverage had already shaped years of public understanding.

Is it possible that the public suppression of the lab leak hypothesis was partly driven by scientists and officials who had reasons of their own to keep that question off the table? Is it possible that the people most aggressive in labeling lab leak a conspiracy theory had financial, reputational or legal exposure that a confirmed laboratory origin would create? These are not accusations. They are questions that the documented conflicts of interest make entirely reasonable to ask. The FBI and the Department of Energy have both assessed, with varying levels of confidence, that a laboratory incident is the most likely origin of SARS-CoV-2. That is not a fringe position. It is the current assessment of two major U.S. intelligence agencies.

What the Intelligence Community Now Says

The FBI assessed with moderate confidence that SARS-CoV-2 most likely originated from a laboratory incident. The Department of Energy assessed with low confidence that a laboratory incident was the most likely origin. The CIA assessed it could not determine the origin with confidence but has not ruled out laboratory origin. The Office of the Director of National Intelligence's 2023 summary noted that four agencies and the National Intelligence Council assessed natural origin with low confidence, while two agencies assessed laboratory origin. No agency assessed natural origin with high confidence. The question of COVID's origin remains officially unresolved. That fact alone is extraordinary given the scale of what happened to the world.

What Was Done to the People Who Asked These Questions

This section is personal for many Americans and it deserves to be said plainly. During the pandemic, people who questioned mask mandates were called murderers. People who questioned school closures were called anti-science and accused of wanting children to die. People who raised the lab leak hypothesis were labeled conspiracy theorists and in some cases had their social media accounts suspended or their content suppressed by platforms acting under government pressure that is now documented through the Twitter Files and subsequent congressional investigations. Doctors who prescribed alternative treatments were threatened with license revocation. Scientists who publicly questioned the official narrative found grant applications denied and papers rejected. People who refused vaccination were denied employment, education and in some cases medical treatment.

We now know that the lab leak hypothesis the government and media dismissed as a conspiracy theory is now considered a legitimate possibility by major intelligence agencies. We now know that the school closure guidance Fauci denied influencing was shaped by conversations he documented in his own diary. We now know that the gain-of-function research Fauci testified did not happen was the subject of internal NIH concerns years before the pandemic. We now know that the Lancet letter that declared lab leak a conspiracy theory was organized by someone with direct financial relationships with the Wuhan lab who did not disclose that conflict. The people who were right about these questions were punished for being right. That demands a reckoning. Not a partisan one. A factual one.

The Accountability Question

After World War II, the principle established at Nuremberg was that "I was following orders" is not a defense for conduct that violated fundamental human rights and ethical standards. "I was following the scientific consensus" is not a categorically different defense when the scientific consensus was shaped by people with undisclosed conflicts of interest, when dissenting scientists were suppressed, when government agencies funded the research that may have caused the pandemic and when the people responsible then sought pardons and invoked the Fifth Amendment rather than answer questions about their conduct.

This post does not call for vigilante justice, mob accountability or any outcome that bypasses the legal process. It calls for something more basic: a genuine, independent investigation led not by the institutions that participated in the decisions being investigated, but by a body with full subpoena power, full document access and full authority to refer criminal conduct for prosecution. Congress has investigated. Government agencies have investigated themselves. What has not happened is a genuinely independent accounting with real legal consequences for conduct that, if the emerging documented record is accurate, may include misrepresentation to Congress, unauthorized funding of dangerous research, suppression of legitimate scientific inquiry and possibly more. The American people funded this research. The American people paid the price when it went wrong. The American people are owed the truth.

My Bottom Line

I am not saying Anthony Fauci or anyone else deliberately caused a pandemic. I am not saying the COVID response was a conspiracy. What I am saying is that the documented record raises questions that have not been answered and that the people best positioned to answer them have sought pardons, invoked the Fifth Amendment and refused to testify. That is not the behavior of people with nothing to hide. It may have innocent explanations. It deserves explanation. The American people who lost businesses, lost years of their children's education, lost family members who died alone in hospitals, lost their jobs for refusing a vaccine mandate and lost their reputations for asking questions that turned out to be legitimate, those people are owed more than silence and a pardon. They are owed the truth. And they should be demanding it loudly, from every direction, until someone in authority is willing to provide it.

We called them conspiracy theorists. We silenced them. We fired them. We shamed them. And now the documented record suggests they were asking the right questions all along. The people who were punished for being right deserve an accounting. So does the country.

Why This Matters

If the COVID pandemic originated in a laboratory conducting research funded by American taxpayers through a chain of grants that circumvented oversight requirements, and if the people responsible for that funding then shaped public health policy, suppressed scientific dissent and misrepresented the facts to Congress, the American public and the world, the consequences extend far beyond any individual prosecution. They include the destruction of public trust in scientific institutions, in public health authorities and in the government officials who told the public to trust them. That trust, once destroyed, does not rebuild easily. The next pandemic, whatever it is and wherever it originates, will be managed by institutions whose credibility has already been spent. The case for a genuine independent investigation is not partisan. It is practical. A country that cannot honestly account for what happened to it cannot protect itself from what comes next.

References

  1. NPR. (2025, January 20). Biden pardons Fauci, Milley and members of Jan. 6 panel. npr.org. [Pardon issued January 19, 2025; covers federal offenses January 1, 2014 to January 19, 2025.]
  2. The Intercept. (2021, September 9). NIH documents provide new evidence U.S. funded gain-of-function research in Wuhan. theintercept.com. [EcoHealth Alliance grant AI110964; chimeric virus experiments; 2014 moratorium.]
  3. U.S. Right to Know. (2025, December 4). NIH committee green-lighted Wuhan coronavirus experiments despite concerns, emails show. usrtk.org. [2016 internal NIH emails flagging gain-of-function concerns in EcoHealth progress reports.]
  4. House Committee on Oversight and Accountability. (2021, June 9). Comer and Jordan press Fauci about taxpayer-funded controversial research at Wuhan lab. oversight.house.gov. [Fauci 2012 definition of gain-of-function; apparent contradiction with 2021 congressional testimony.]
  5. House Committee on Oversight and Accountability. (2025, January). Comer applauds executive order banning dangerous gain-of-function research. oversight.house.gov. [EcoHealth Alliance debarred; Peter Daszak debarred five years; Select Subcommittee findings.]
  6. U.S. Senate Resolution 718, 118th Congress. congress.gov. [Documents Fauci's May 2021 concession that it was impossible to guarantee American funds were not used for gain-of-function research at WIV.]
  7. Office of the Director of National Intelligence. (2023). Declassified assessment on COVID-19 origins. dni.gov. [FBI moderate confidence; DOE low confidence; no agency high confidence in natural origin.]
  8. The Hill. (2026, July). Fauci's legal protection from pardon, Fifth Amendment is an open question. thehill.com. [Analysis of pardon scope and Fifth Amendment implications at July 29, 2026 Senate hearing.]
  9. Associated Press. (2025, January 20). Biden issues pre-emptive pardons for Anthony Fauci, Liz Cheney, family members. apnews.com. ["Broadest and most untested way possible" characterization; pardoning those not under investigation.]
  10. CBS News. (2026, July). Fauci diaries released by Sen. Rand Paul. cbsnews.com. [Diary documents Fauci's conversations with de Blasio and Newsom officials regarding school closures.]

Disclaimer: The views expressed in this post are the personal opinions of the author and are offered for educational, commentary and public discourse purposes only. They do not represent the positions of any institution, employer, organization or affiliated entity with which the author may be associated in any capacity, whether academic, professional or commercial. Nothing in this post constitutes legal, financial, medical or professional advice of any kind. This post does not assert that any individual committed a crime. All factual claims are drawn from publicly documented sources cited above. Questions raised in this post reflect the author's analysis of the documented public record and do not constitute factual assertions about any individual's intent or conduct beyond what those sources document. Commentary reflects the author's independent analysis and is protected expression of opinion under the First Amendment. Readers are encouraged to consult primary sources and form their own conclusions.