Zohran Mamdani's First Veto As NYC Mayor Surprises Few
'Why the Need for...'? Shipwrecked Crew Has Questions After the Latest Spin From...
Buckle Up, Mississippi: Governor Tate Reeves Drops BIG News After Virginia's Gerrymanderin...
Joe Biden Says 'Huh'? Never Trumper Chris Truax Declares an 'Emergency' About a...
Scott Jennings Stumps Paul Begala by Challenging Him to Name One ‘Journo’ Who...
Fascist’s Fury: Dem Chris Murphy Vows to Use Government Might Against Companies Dems...
From Human Traffickers to Terrorists: The Convict Parents of the Left’s Loudest ‘Anti-Rich...
Homophobia Is Bad … Except When It’s Against Conservatives: Kimmel’s Cringe WHCD Stand-In...
Is This Photo Purporting to Show Trump Fast Asleep in the WH Real...
Falklands Fallout: US Tells Britain to 'Falk Off' After Iran Snub – Piers...
Rep. Brandon Gill Blows Up Spectrum’s Scooter Love Story: Rep. Min’s Real Reason...
We Are So Back: DOJ Revives Firing Squad as 'Most Dignified' Execution Method
Hasan Piker: Trust-Fund Trotsky Who Encourages Felonies While Melting Down Over His My...
Cory Booker Is Worried Trump Will Seize Media Control Now That Democrats Are...
The Blind Spot: Blue Collar Workers Fund Comfortable Bureaucrats, Then Get Lectures on...

Prof. Turley: Did Dr. Fauci unlawfully impersonate a federal official?

AP Photo/Patrick Semansky

One of the most basic things to start with when talking about power is to ask where it comes from. When we are talking about federal officials, most basically, their power comes from the Constitution itself. This is the fallacy of officials in the federal government bemoaning that they are limited by the Constitution: ‘why should we be restrained by the Constitution?’

Advertisement

But what they don’t get, or want you to forget, is that without that Constitution they have no power. So, they want all the power the Constitution grants, but none of the limitations on that power included in the Constitution (as amended).

And to a lesser extent certain offices are created by Congress, through legislation, and the laws contain limitations, too, that the office-holder cannot ignore. And that brings us to Jonathan Turley’s bombshell that we don’t think got quite enough coverage:

The short version is that Fauci claimed to be the director of the National Institute of Allergy and Infectious Diseases. And at one point, he definitely held that job. But at another point, it may be that his term expired and … he kept doing the job anyway, like Milton in Office Space. Turley has the details:

The problem is the 21st Century Cures Act, passed in 2016. Section 2033 of that act is titled ‘Increasing Accountability at the National Institutes of Health,’ and it seeks to achieve greater accountability by requiring the HHS secretary to personally appoint those directors. For reasons the Biden administration has yet to explain, it appears to have ignored the law, according to the House committee. Under the five-year terms granted in 2016, these directors had to be reappointed by [Health and Human Services (HHS) Secretary Xavier] Becerra by December 2021. It is not clear if this task was delegated to the NIH director, but the law appears to be clear: There is no delegation; it must be Becerra who renewed such appointments.

Advertisement

Thus, starting on December 12, 2021, Fauci and 13 other National Institutes of Health (NIH) institute and center directors seemed to unlawfully hold their offices for some period. As Turley notes these people not only made significant policy decisions, but also gave out $25 billion in grants—all without having any more authority to do so than your average server at your local Chick-fil-a.

He goes on:

It got even stranger on June 19 when HHS sent Congress documents titled ‘Ratification of Prior Selection and Prospective Appointment: Appointment Affidavit.’ While signed by Becerra, the documents were dated on June 8 and June 15. They were specifically ‘prospective appointments’ but seemed to suggest some form of retroactive ratification. That, too, is not allowed under federal law. In the case of Fauci and another director, according to the House committee, there is not even a retroactive affidavit to that effect.

Turley hedges with an ‘if these allegations are true’ but things are definitely suspicious as heck.

We are uncertain of that, but if there is any party that can truthfully claim it was harmed by any of these decisions—such as Fauci giving a grant to Corporation A when Corporation B wanted it, or Fauci issuing a policy that harms any person to any degree—we might see this topic become the subject of litigation and more than a year’s worth of agency decisions might be destroyed at the stroke of a judicial pen.

Advertisement

The opposition to basic journalism in our time is startling. If you cannot report about bad and possibly illegal behavior by public officials—indeed reporting the possibility of someone impersonating a public official—why even have a First Amendment? Seriously, we have examined the criminal statute prohibiting impersonating a public official, 18 U.S.C. § 912, and it looks like there is a real chance these 14 officials violated that statue. Will Fauci go begging for a pardon—if only for 'cya' purposes?

But the courts probably can’t ignore it.

Actually, this kind of argument has 'held water' in other situations.

Advertisement

That’s not how it worked with the student loans.

So did Dr. Mengele.

Dang straight. This might end up being a sleeper issue in the coming years.

***

Editor's Note: Do you enjoy Twitchy's conservative reporting taking on the radical left and woke media? Support our work so that we can continue to bring you the truth. Join Twitchy VIP and use the promo code SAVEAMERICA to get 40% off your VIP membership!

Join the conversation as a VIP Member

Recommended

Trending on Twitchy Videos

Advertisement
Advertisement
Advertisement