The significance of DOJ indictment of former Fauci Advisor Dr. David Morens
Alleged Scheme to Evade Transparency Laws, and Other Cases Of Document Destruction Over the Years
In a major development tied to long-running congressional probes into the origins of Covid-19, the Justice Department has announced the indictment of Dr. David Morens. Charges include conspiracy against the United States; destruction, alteration, or falsification of records in federal investigations; concealment, removal, or mutilation of records; and aiding and abetting.
There are also reports as of this publication that former FBI Director James Comey has also been indicted.
Morens, age 78, is a former senior advisor at the National Institute of Allergy and Infectious Diseases (NIAID). He also served as a top aide to Dr. Anthony Fauci from 2006 to 2022.
According to prosecutors, Morens and as-yet unnamed co-conspirators allegedly orchestrated a plan to dodge Freedom of Information Act (FOIA) requests and federal records laws during the pandemic.
Such blatant evasion of public records laws isn’t a first.
Read on for details.
In the new indictment of Morens, the alleged scheme centered on communications about a controversial federal grant of taxpayer money to a controversial nonprofit: EcoHealth Alliance.
The grant, given through the National Institutes of Health (NIH), was for bat coronavirus research. It was the very sort of research ultimately tied by many to the Covid pandemic.
The grant included subawards to the Communist Chinese government’s Wuhan Institute of Virology (WIV). That’s the lab that many experts have concluded started the Covid pandemic.
Under public pressure and controversy, NIH ended the grant to the Wuhan facility. But prosecutors say Morens and others used his personal gmail account to hide official discussions, share non-public NIH information, draft letters pushing to restore the funding, and narratives to counter implications against WIV.
Dr. Fauci and then-head of the National Institutes of Health, Dr. Francis Collins, were also revealed to have conspired behind the scenes to publicly push in scientific journals and the media the “natural origin” narrative, as if Covid-19 had occurred naturally, not from the Wuhan lab research. They also worked to discredit the scientists, researchers, and reporters who exposed the truth about the Wuhan lab, its research, and links to the US, American researchers, and taxpayer money.
Acting Attorney General Todd Blanche describes the case as “a profound abuse of trust at a time when the American people needed it most.” He added: “As alleged in the indictment, Dr. Morens and his co-conspirators deliberately concealed information and falsified records in an effort to suppress alternative theories regarding the origins of Covid-19. Government officials have a solemn duty to provide honest, well-grounded facts and advice in service of the public interest—not to advance their own personal or ideological agendas.”
FBI Director Kash Patel emphasized the broader implications stating, “Circumventing records protocols with the intention of avoiding transparency is something that will not be tolerated by this FBI. Not only did Morens allegedly engage in the illegal obfuscation of his communications, but he received kickbacks for doing so.”
The indictment also alleges Morens accepted illegal gratuities, including wine delivered to his Maryland home from a co-conspirator, whom he then “rewarded” by authoring a scientific commentary advocating for the natural origin theory of Covid-19. Additional perks, such as meals at Michelin-starred restaurants, were reportedly discussed.
The 2021 Email
The indictment validates years of bipartisan scrutiny that began as early as 2021.
On June 17, 2021—days after Sen. Ron Johnson (R-Wis.) and four other senators sent a letter to Biden HHS Secretary Xavier Becerra and NIH Director Francis Collins demanding documents on Covid-19 origins—Morens fired off a gmail message to ten colleagues in the American Society of Tropical Medicine & Hygiene (ASTMH).
The email’s subject line read: “CONFIDENTIAL WITHIN OUR SMALL GROUP, PLEASE.”
Morens attached the senators’ letter requesting information, summarized the requests related to Covid-19 origins, and made a striking admission. He said he had “retained very few” records on “these matters.” He explicitly urged his colleagues to send “correspondence on sensitive issues” to his personal gmail address rather than official channels.
In a Nov. 16, 2023, letter to HHS Secretary Becerra and HHS Inspector General Christi Grimm, Sen. Johnson laid out the implications in blunt terms. He wrote that Morens’ actions “may have intentionally deleted or destroyed records relating to the origins of COVID-19” and showed “an apparent evasion of federal record keeping requirements and a complete disregard for transparency.” Johnson added: “Dr. Morens’ apparent actions may have directly obstructed my oversight efforts… I am deeply concerned that HHS officials may have intentionally removed or destroyed responsive records on the origins of COVID-19 or on other aspects of the pandemic.”
Ties to Broader Investigations—and Fauci’s Preemptive Pardon
Morens’ role gave him direct access to Fauci, whom he advised. He helped brief Fauci for communications with the White House, Congress, and the public. House Oversight Committee investigations later uncovered additional emails in which Morens boasted about deleting records, using private email to evade FOIA, and even consulting NIH’s FOIA liaison on how to make documents “disappear.”
Notably, Fauci received a preemptive pardon from President Biden in January 2025. Without that protection, sources suggest Fauci would likely face similar scrutiny and potential charges.
House Oversight Chairman Rep. James Comer (R-Ky.) stated the indictment builds on findings from the Select Subcommittee on the Coronavirus Pandemic. “This is accountability,” Comer stated, pointing to Morens’ alleged efforts to undermine transparency during one of the most consequential public-health crises in modern history.
If convicted, Morens faces up to five years in prison for the conspiracy count, up to 20 years per count for record falsification in federal investigations, and up to three years per count for concealment of records.
History of Document Destruction; Use of Private Accounts
The accusations against Morens are hardly unprecedented in Washington DC.
Federal officials have been accused of or caught in multiple high-profile cases using personal email accounts, pseudonyms, or other methods to avoid Freedom of Information Act (FOIA) law and federal records preservation requirements.
One of the biggest controversies involves Hillary Clinton.
During her tenure, as Obama’s Secretary of State, it was later revealed that Clinton illegally used a private email server for official government communications.
Longstanding rules and public records laws require official business to be conducted on secure government computers. The records are technically owned by the American public, and the public has a right to access them.
But Hillary Clinton’s setup hid her emails from routine FOIA searches. She or her attorneys eventually improperly deleted tens of thousands of emails that were under Congressional subpoena, and the server was wiped clean.
Then-FBI Director James Comey later described Clinton’s handling of classified and sensitive information as “extremely careless,” though he decided not to bring criminal charges. Later, the Inspector General referred charges against Comey for his own mishandling of FBI information, but the Department of Justice declined to prosecute him.
As I first reported in a September 2014 exclusive, former State Department official Raymond Maxwell witnessed document destruction in the coverup of the 2012 deadly Islamic extremist terrorist attacks on Americans in Benghazi.
Maxwell says he was there, and even took part, in a basement room of the State Department on a weekend, when Clinton confidants, including Chief of Staff Cheryl Mills and Deputy Chief of Staff Jake Sullivan, participated in or oversaw an after-hours “sorting” session review of Benghazi-related documents.
According to Maxwell, an office director instructed reviewers to “pull out anything that might put anybody in the [Near Eastern Affairs] front office or the seventh floor [referring to Clinton and top advisers] in a bad light” before the materials were turned over to the investigative Accountability Review Board. Maxwell described the operation as “an exercise in misdirection” and potential damage control.
No law enforcement body ever followed up with Maxwell or attempted to hold the alleged document destroyers accountable.
Obama Attorney General Eric Holder was also caught using email aliases or pseudonyms. It was a practice employed by several Obama-era officials to obscure communications and complicate FOIA compliance.
Similar tactics have drawn scrutiny in other agencies. In the IRS scandal involving alleged targeting of conservative groups, the hard drive of IRS worker Lois Lerner supposedly “crashed,” and hundreds of backup tapes containing her emails from key years were destroyed in 2014, even as Congressional investigations and preservation orders were in effect.
The IRS later acknowledged it did not properly report the loss of records as required under the Federal Records Act.
In October of 2014, former federal employee Sonya Gilliam exclusively reported to me on government officials’ document destruction or sifting through to avoid FOIA.
Read more on Gilliam’s story here.
Below, read my 2014 article about Missing Documents over the years.
https://sharylattkisson.com/2016/02/missing-government-documents-throughout-the-years/
Missing Government Documents Throughout the Years
Hillary Clinton has been embroiled in document scandals for nearly 30 years. But she’s not the only politician, and Democrats aren’t the only party, surrounded by an air of mystery when it comes to turning over potentially damaging documents that should be in the public domain.
Missing: Hillary Clinton S&L Records. In 1988, according to congressional investigators, Hillary Clinton “ordered the destruction of records relating to her [legal] representation of [Jim] McDougal’s Madison S&L” when federal regulators were investigating the insolvency of the Arkansas savings and loan. Bill Clinton was Arkansas governor at the time.
The Clintons and McDougal were business partners in the failed Whitewater real estate venture. McDougal later was convicted of fraud for attempting to use S&L funds to cover Whitewater losses. His wife, Susan, served prison time for refusing to answer grand jury questions about whether Bill Clinton lied in his testimony during her Whitewater trial.
Missing: Clinton Counsel’s Foster Records. In 1993, according to a Secret Service official, first lady Hillary Clinton’s chief of staff, Maggie Williams, removed records from the office of White House Deputy Counsel Vincent Foster the night of his suicide.
Other Clinton officials, including White House Counsel Bernard Nussbaum, later testified that they conducted an improper search of Foster’s office. At least one file was marked “Whitewater” and another was marked “taxes.”
Another White House counsel, Bob Barnett, later picked up a box of Foster’s documents. Associate counsel Clifford Sloan’s contemporaneous notes cite the Clintons’ initials: “get Maggie—go through office—get HRC, WJC stuff.”
Missing: Clinton Counsel’s Foster Suicide Note. Also in 1993, the White House released an official statement incorrectly saying that no Foster suicide note had been found. However, more than 24 hours after a note had been found, White House counsel Nussbaum turned it over to Attorney General Janet Reno.
Missing: Hillary Clinton Law Firm Records. In 1996, after nearly two years of searches and subpoenas, the White House reported it found copies of missing documents from Hillary Rodham Clinton’s law firm that described her work for Madison S&L in the 1980s. The White House previously said it did not have the records. The originals have not turned up.
Missing: Bush Administration Energy Emails. In 2002, the conservative watchdog Judicial Watch said more than 25,000 documents were missing from records released regarding deliberations between Vice President Dick Cheney’s energy task force and industry executives, possibly including documents related to the Enron scandal.
Missing: Clinton Terrorism Documents. In 2003, former Clinton national security adviser Sandy Berger smuggled classified documents related to the 9/11 terrorist attacks from the National Archives. Berger said he removed handwritten notes by hiding them in his jacket, pants and socks, and also inadvertently took copies of classified documents.
Missing: Bush Administration ‘Torture’ Documents. In 2004, critics of the Bush administration’s “enhanced interrogation techniques” for suspected terrorists, which they regarded as torture, said key documents were missing from newly declassified White House materials regarding torture and other mistreatment of prisoners. These included memos to and from the FBI and CIA, and documents dated after April 2003.
Missing: Millions of Bush Administration Emails. In 2005, the White House discovered some emails were not properly archived. It later was revealed that missing emails from Jan. 3, 2003 to July 28, 2005 might total 5 million.
Lost and Found: Katrina Conference Call Transcript. Also in 2005, Bush administration officials told Congress that they could not locate a transcript of an Aug. 29 videoconference call about Hurricane Katrina. Officials produced a transcript in 2006.
Missing: Bush Administration’s Abramoff Emails. In 2006, Special Counsel Patrick Fitzgerald found that missing emails from the 2003 period could be relevant to the criminal probe into influence peddling by lobbyist Jack Abramoff, who later was convicted of bribery and corruption.
Missing: Bush Administration Political Emails. In 2007, it was revealed that 88 White House officials used Republican National Committee email accounts — but that the RNC preserved no emails for 51 of the officials.
Missing: Bush Administration Interrogation Video. Also in 2007, it was discovered that the Pentagon had lost a crucial recording of an al-Qaeda operative being interrogated in a U.S. military brig.
Withheld: Obama Administration ‘Fast and Furious’ Documents. In 2012, Attorney General Eric Holder withheld emails regarding the “Fast and Furious “scandal. President Obama invoked executive privilege to prevent some emails from being turned over to Congress under subpoena.
Missing: Obama State Department Records. In 2014, it was revealed that the State Department may have lost some $6 billion because of incomplete or missing contract records over six years, mainly during Hillary Clinton’s tenure as secretary of state.
Missing: Obama Administration IRS Emails. Also in 2014, the Internal Revenue Service said it had lost key emails of Lois Lerner and other officials regarding improper IRS targeting of conservative nonprofit groups.
Missing: Obama HealthCare.gov Records. Also in 2014, the Obama administration revealed that records Congress is seeks in its investigation of the Obamacare website, HealthCare.gov, are missing.
Missing: Obama EPA Records. Also in 2014, the Environmental Protection Agency told Congress it was having trouble finding emails relevant to a probe into the environmental impact of a proposed gold and copper mine in the Bristol Bay watershed in Alaska. In a separate case, a federal judge found that the EPA willfully failed to keep emails and other records relevant to a Freedom of Information Act request regarding the delay of unpopular regulations until after the 2012 election.
Missing?: Hillary Clinton Benghazi Documents. Also in 2014, former Deputy Assistant Secretary Raymond Maxwell said he witnessed a Benghazi document-sorting session in October 2012 in the State Department basement. He said then-Secretary of State Hillary Clinton’s chief of staff, Cheryl Mills, and her deputy, Jake Sullivan, were present.
Missing: Obama EPA Text Messages. Also in 2014, the Environmental Protection Agency said it didn’t save text messages at issue in a Freedom of Information case seeking records about the agency’s plans to crack down on coal power plants. An EPA spokesman contends that federal law doesn’t require the messages to be retained.
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Just let me know when the indictments of Collins and fauci are coming…And.. why have PI lawyers not lined up for class action and individual lawsuits against these people. And… Pfizer can’t hide behind its hold harmless fig leaf. This is the grossest abuse of public trust and threat to public health in our lifetime.
Thanks for keeping us abreast on this topic, Sharyl.
Finally a ray of hope shines through the typically-overcast sky of government affairs, indicating that we may be able to see accountability and justice happen for the gross transgressions that American citizens have been put through for the past decade.