Dr. Anthony Fauci invoked his Fifth Amendment right to remain silent more than 100 times during a Senate hearing focused on his role in the COVID-19 pandemic response and funding of gain-of-function research. The hearing, which saw sharp exchanges between Fauci and Sen. Rand Paul, R-Ky., ultimately led Paul to announce his intention to seek contempt charges against the former chief medical advisor.
Paul, who has long sought to scrutinize Fauci's decisions and alleged involvement in funding "risky" research in China, accused Fauci and the National Institutes of Health (NIH) of misleading Congress and destroying records. "That loss of trust may be your most damaging legacy," Paul stated at the hearing. "No scientist is above scrutiny. No government official beyond accountability, and no public servant preferred version of history."
Under the guidance of his legal counsel, Fauci declined to answer questions from Paul and other committee members, citing his constitutional right to avoid self-incrimination. Fauci explained that Paul's persistent efforts to prosecute him and the release of his unredacted diary were designed to elicit a statement that could support Paul's public assertions of Fauci ending up "behind bars."
Fauci's decision to invoke the Fifth Amendment, which he did 111 times using the phrase, "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution," quickly led to further conflict. When Fauci's lawyer, David Schertler, interjected to affirm Fauci's rights, Paul declared the lawyer was not recognized by the committee and instructed security to remove him from the room. "This is the way Anthony Fauci wants to be remembered — for a lawyer not listening to the rules," Paul said.
Sen. Bernie Moreno, R-Ohio, also expressed frustration with Fauci's reticence, referencing an article about Schertler's legal representation and questioning Fauci directly. "Who the f— do you think you were for doing that? It is a total disgrace what you did to this country," Moreno stated.
As the hearing concluded, Paul confirmed he would move forward with seeking contempt charges. He indicated that the legal question of whether a presidential pardon provides complete immunity might also need to be decided by the courts. A vote on contempt is expected in the committee next week. Prior to the hearing, Paul and his staff had reportedly been confident Fauci would not invoke the Fifth Amendment.