Dr. Anthony Fauci invokes Fifth Amendment 111 times, declines to testify at Senate hearing on COVID-19

Dr. Anthony Fauci invoked the Fifth Amendment 111 times, and declined to answer questions during Wednesday's Senate Homeland Security and Governmental Affairs subcommittee hearing about his handling of the COVID-19 pandemic.

Fauci, the former National Institute of Allergy and Infectious Diseases' director, became the face of the U.S. medical community’s response to the COVID-19 pandemic. 

Fauci was set to answer lawmakers’ questions after being subpoenaed by Republican Sen. Rand Paul of Kentucky, who has long had a fraught relationship with the now-retired infectious-disease expert and led the charge seeking that he testify, again, under oath about his role in containing the pandemic.

Fauci’s decision to invoke the Fifth, at least for now, sidesteps calls for his prosecution if he is caught lying at Wednesday’s hearing, part of a years-long campaign for his arrest spearheaded by some Republicans in Congress. But it may also further inflame partisan divides that have festered for years about the origins and handling of the pandemic, which was declared by the World Health Organization in March 2020.

What they're saying:

In his opening statement, Fauci said Paul has an "obvious obsession with calling for my prosecution."

"The only conclusion I can reach is that the sole reason he is calling me before this Committee is to prompt me to say something, anything, that could vindicate his repeated public pledges that I end up, in his words, ‘behind bars,’" Fauci said, adding that while it pains him to do so, he is following his attorney’s advice by taking the Fifth.

Sen. Rand Paul warns Fauci 'there will be repercussions' for invoking Fifth Amendment 

Sen. Rand Paul, R-Ky., warned Dr. Anthony Fauci that there will be "repercussions" to his decision to invoke the Fifth Amendment during Wednesday's Senate hearing.

Paul issued the warning after concluding his questioning of the former health official.

"The chairman has denied your assertion of privilege and directed you to answer, but you nonetheless refuse and stand on privilege despite the existence of the pardon," Paul said. "The committee will have to consider after this hearing what appropriate action should be taken against your for the failure to testify after being directed to do so."

"It's against the law to obstruct an investigation of Congress," Paul said. "There will be repercussions to your refusal to testify today."

Fauci attorney David Schertler removed from the hearing

Sen. Rand Paul, R-Ky., ordered one of Dr. Anthony Fauci's attorneys to be removed from the Senate hearing room after repeatedly interrupting proceedings on Wednesday.

Paul gave the attorney, David Schertler, repeated warnings both before an during the hearing.

A lengthy exchange showed Schertler attempting to speak after Paul concluded his questions, to which Fauci invoked the Fifth Amendment.

"You are not recognized, sir," Paul said repeatedly as the attorney attempted to speak.

Paul emphasized that the hearing was about Fauci's testimony and not the "game" of his lawyers.

The back-and-forth lasted for over a minute before Paul ordered Schertler removed, prompting applause in the room.

"You are not recognized, sir," Paul says as the attorney continued speaking.

"Security, please remove him from the room," Paul says.

Sen. Josh Hawley, R-Mo, embarrasses Fauci over refusal to testify 

Sen. Josh Hawley, R-Mo., blasted Dr. Anthony Fauci during his questioning period at Wednesday's Senate hearing, embarrassing the former government official despite his refusal to testify.

Hawley began by asking Fauci simple questions: "What day of the week is it today?" "What color tie are you wearing?" and "What color is the carpet in front of you?"

Each time, Fauci answered with his scripted line, "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution."

Hawley then launched into criticism of Fauci, saying he has no right to plead the 5th.

"Let's just get one thing straight, you don't have any rights under the Fifth Amendment, because you've been pardoned as you very well know," Hawley said, going on to quote the Supreme Court precedent stating that U.S. citizens may not "stand upon his privilege" after being pardoned.

"This isn't about the Constitution. This isn't about the law. This is about contempt. Contempt for this body and contempt for the American people," Hawley said.

Sen. Ashley Moody, R-Fla. asks Dr. Fauci about the 6-foot social distancing rule during the pandemic

During the hearing, Sen. Ashley Moody, R-Fla., asked Dr. Fauci about the 6-foot social distancing rule during the pandemic and its impact on the public.  Fauci again invoked the Fifth Amendment and refused to answer the questions.

Big picture view:

Fauci, whose nearly 40 years as the head of NIAID stretch back to the early years of the AIDS epidemic, was subpoenaed to testify before the committee. Sen. Rand Paul explained when announcing the subpoena that it had been issued after Fauci backed out of an agreement to appear voluntarily.

The backstory:

As the day of the testimony drew near, Paul released hundreds of pages from Fauci’s personal diary that the doctor’s critics allege show his personal infatuation with his newfound celebrity and repeated instances where they say his views expressed in the diary clashed with his contemporaneous public statements, including on the origins of the virus and the effectiveness of recommended precautions.

What they're saying:

Even before Fauci’s appearance, Paul and another Kentucky Republican, Rep. James Comer, have threatened him with criminal action if he were to lie during Wednesday’s appearance before the committee. They specifically cited a preemptive pardon given to Fauci by former President Joe Biden in the waning days of his administration and argued it would not be applicable.

"Americans are still reaping the consequences of Dr. Fauci's actions," Comer told Fox News Digital. "Biden's pardon doesn't cover Dr. Fauci's testimony this week and if he continues to lie, he must be held accountable."

 

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