Fauci invokes Fifth Amendment in declining to answer questions before Senate panel
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- Fauci invoked the Fifth Amendment at a Senate Homeland Security Committee hearing, declining to answer every question about the Covid-19 pandemic and its origins on the advice of counsel, after being subpoenaed by Rand Paul
- Rand Paul scheduled an August 5 committee vote on whether to hold Fauci in contempt after the former NIAID director refused to answer a single question, warning that obstructing Congress carries legal repercussions
- Biden issued Fauci a preemptive pardon in his final hours in office covering acts from 2014 through the end of his administration, but RFK Jr. told Fox News this week that Fauci could still face perjury prosecution if he lies in new testimony — a gap Paul appears to be exploiting
- Paul accused Fauci of covering up the lab leak theory and lying to Congress, and floated the untested legal theory that Fifth Amendment protections may not apply to someone who has been pardoned
- David Schertler, Fauci's lawyer, was ordered removed from the hearing room by security after attempting to make a statement; his released statement accused Paul of an "intense and seemingly pathological course of retribution" against Fauci
- Gary Peters (D-Mich.), the ranking Democrat, called the hearing a partisan exercise fueling "a predetermined conclusion that was reached years ago" rather than legitimate bipartisan oversight
- Democrats warned the hearing sends a chilling signal to government scientists, researchers, and health professionals, with Andy Kim (D-N.J.) saying it tells public servants that crossing political lines invites attacks
Why it matters: Paul's August 5 contempt vote will test an untested legal theory — whether a presidential pardon shields someone from congressional contempt, a question Paul admitted has "probably never been tested legally." The spectacle breaks sharply with Fauci's own record of more than 250 prior congressional appearances and, per Democrats on the committee, may deter future government scientists from testifying before hostile panels.
