New York University School of Law professor Ryan Goodman suggested that Dr. Anthony Fauci’s decision to invoke the Fifth Amendment during a Senate hearing on Wednesday could have negative repercussions. Goodman stated on CNN that Fauci’s move might worsen his situation and questioned the legal advice leading to this decision, especially since a presidential pardon likely shields him from criminal jeopardy for actions taken before January 2025.
On the advice of his legal counsel, Fauci declined to answer numerous questions from Republican lawmakers regarding the origins of COVID-19, invoking his right to remain silent multiple times. Fauci specifically cited Senator Rand Paul's perceived "obsession" with prosecuting him as a reason for invoking the Fifth Amendment, calling Paul's approach "unhinged."
However, Goodman explained that invoking the Fifth Amendment when not facing direct criminal charges could theoretically lead to contempt of court charges from the Justice Department. He noted that President Donald Trump, who has been critical of President Joe Biden’s pardons, acknowledged the power of the pardon, stating he respects the one granted to Fauci.
Goodman outlined a potential legal strategy for Fauci's defense, suggesting that his lawyers could argue that if President Biden's pardons are deemed void, then Fauci would indeed face criminal liability, necessitating the Fifth Amendment protection. This argument hinges on the validity and enforceability of the presidential pardon. Goodman cautioned, however, that the Justice Department might still pursue an indictment, even if ultimately unsuccessful due to the pardon's strength. He pointed to the administration's past actions in politically charged cases and noted that the President himself has questioned the validity of some pardons due to issues like auto-pens.