Fauci's 'Nothing to Hide' Pledge Contrasts With 111 Fifth Amendment Invokations

Dr. Anthony Fauci's past assurances of full cooperation with congressional oversight have drawn renewed attention following his recent testimony where he invoked the Fifth Amendment 111 times. In a 2022 interview with CNN, Fauci stated, "I am very happy to testify before any congressional oversight committee." He added at the time, "I have nothing to hide. I can explain and validate everything that I’ve done… I’m going to do what I need to do, and that is cooperate fully, because we have nothing to hide at all."

However, during a recent Senate committee hearing, under the guidance of his attorneys, Fauci declined to answer questions from Sen. Rand Paul, R-Ky., and others regarding his response to the COVID-19 pandemic and gain-of-function research. He invoked his Fifth Amendment right against self-incrimination on 111 occasions.

Fauci explained his decision to the committee, stating, "Although it pains me to do so because of the respect I have for the legislative branch of government, and my decades-long record of cooperating with Congress, under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions."

Sen. Rand Paul has been a vocal critic of Fauci's pandemic response and has spearheaded investigations into his role. Paul has also raised questions about the validity of Fauci invoking the Fifth Amendment, particularly given the possibility of a presidential pardon. "The legal question is, if you're pardoned, can you really claim the Fifth?" Paul stated on "The Will Cain Show." "The Fifth Amendment is to claim immunity from self-incrimination. But if you've already been given immunity, you can't self-incriminate unless you lie."

Paul is reportedly seeking a vote to hold Fauci in contempt of Congress following the hearing. Fauci, in turn, has argued that Paul exhibits an "obvious obsession" with him, suggesting the senator's release of diary entries was an attempt to elicit a statement that would support Paul's public declarations of Fauci ending up "behind bars."