Dr. Anthony Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times during a Senate hearing Wednesday, declining to answer questions about his handling of the COVID-19 pandemic as Sen. Rand Paul, R-Ky., pushed for accountability over alleged NIH funding of gain-of-function research in China.
The hearing before the Senate Homeland Security and Governmental Affairs Committee grew contentious when Paul ordered Fauci's lawyer removed from the chamber after he attempted to speak on behalf of the former chief medical advisor. Paul later announced he would seek contempt charges against Fauci, with a committee vote scheduled for next week.
What the Left Is Saying
Senate Democrats defended Fauci's use of the constitutional protections available to all Americans. Sen. Gary Peters, D-Mich., the committee's ranking Democrat, pushed for Fauci's lawyer David Schertler to be recognized during the hearing.
Fauci himself addressed his decision to invoke the Fifth Amendment before the panel, saying: "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."
Democrats noted that Biden had pardoned Fauci before leaving office, arguing this shields him from prosecution. Some progressive commentators argued Paul's aggressive questioning was politically motivated and designed to score points ahead of future elections rather than uncover new information.
What the Right Is Saying
Paul accused Fauci and the NIH of funding gain-of-function research for years, misleading Congress, and destroying records that could have shed light on COVID-19's origins. "That loss of trust may be your most damaging legacy," Paul said during his opening statement. "Trust can't be ordered. It has to be earned. No scientist is above scrutiny. No government official beyond accountability."
After Schertler was removed, Paul told the chamber: "This is the way Anthony Fauci wants to be remembered — for a lawyer not listening to the rules." He added that there would be "repercussions" for refusing to testify and suggested courts may need to decide whether Biden's pardon offers complete immunity.
Sen. Bernie Moreno, R-Ohio, confronted Fauci about hiring Schertler, who previously represented former Sen. Bob Menendez after his conviction on bribery charges. Moreno said: "Here I am sitting in front of you six years later saying, 'Who the f— do you think you were for doing that? It is a total disgrace what you did to this country.'"
What the Numbers Show
Fauci invoked the Fifth Amendment more than 100 times during approximately three hours of testimony, according to committee staff.
Paul released over 1,000 pages of Fauci's diary entries online before the hearing, which the senator said contained evidence relevant to his investigation into pandemic origins.
The contempt vote is scheduled for next week and would need a majority of the full Senate to pass. If approved, the matter would be referred to the Justice Department for potential prosecution under 2 U.S.C. § 194, which makes it a misdemeanor to refuse to answer congressional questions.
NIH funding directed to the Wuhan Institute of Virology remains a subject of Republican investigation, though exact figures were not established during the hearing.
The Bottom Line
Fauci's refusal to answer questions leaves key questions about COVID-19 origins and pandemic decision-making unanswered. Republicans view his Fifth Amendment invocations as an admission that substantive testimony could implicate him in wrongdoing. Democrats argue he is exercising a constitutional right and note Biden's pardon provides legal protection.
The upcoming contempt vote sets up a potential conflict between Congress and the Justice Department, which would ultimately decide whether to prosecute. Legal experts have questioned whether a presidential pardon blocks contempt prosecutions, an issue Paul acknowledged may require judicial resolution.