Anthony Fauci invokes Fifth Amendment right not to testify at Covid hearing
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The surprise decision shook up the hearing, which was expected to be contentious given Fauci’s previous public clashes with Chairman Rand Paul, R-Ky.
In his opening statement to the Senate Homeland Security and Governmental Affairs Committee, Fauci pointed to Paul’s “obvious obsession with calling for my prosecution, his repeated slanderous comments about me” and his decision to publicly release the doctor’s personal journal.
“The only conclusion I can reach is that the sole reason he is calling me before this committee is to get me to say something — anything — that could vindicate his repeated public pledges that I end up, in his words — quote — ‘behind bars,’” Fauci said.
“Any reasonable person who has followed his unhinged obsession with me would readily come to the same conclusion,” he continued. “Therefore, 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.”
Dr. Anthony Fauci is sworn in Wednesday. Alex Wroblewski / AFP via Getty Images Fauci also pointed to his previous appearances before House and Senate committees. He said in his opening remarks that during the nearly 40 years that he served as the director of the National Institute of Allergy and Infectious Diseases, he testified before or briefed congressional committees “well over 200 times.” During his tenure, he said he “proved that I believe in and respect the value of legitimate congressional oversight.”
Despite Fauci’s refusal to respond, Paul still used his time at the hearing to ask the doctor a series of questions.
Fauci answered each question with the same line: “On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution.”
At the end of his questioning, Paul told Fauci that he would face “repercussions” for not answering questions.
“The committee will have to consider after this hearing what appropriate action should be taken against you for the failure to testify after being directed to do so,” Paul said. “It’s against the law to obstruct an investigation of Congress. There will be repercussions to your refusal to testify today.”
Committee Chairman Rand Paul, R-Ky., questions Fauci on Wednesday. Anna Moneymaker / Getty Images When Paul concluded, Fauci’s attorney tried to say something to the lawmakers. He was repeatedly cut off by Paul, who said he was not recognized to speak. Moments later, Paul ordered security to remove Fauci’s lawyer from the committee room.
Shortly after Fauci’s lawyer left the hearing, he told NBC News that Fauci “has a valid Fifth Amendment privilege, and he has the right to assert it.”
“That’s what I was trying to tell the committee, and that’s all I was trying to tell the committee,” the lawyer said.
David Schertler, the attorney for former NIH Director Anthony Fauci, is removed from the hearing room. Anna Moneymaker / Getty Images The top Democrat on the committee, Sen. Gary Peters, D-Mich., slammed the Republicans’ handling of the hearing, saying in his period of questioning that he believed the hearing “does real damage.”
“It’s tempting to turn one person into the scapegoat for a crisis that hundreds of officials across both the Trump and the Biden administration were responsible for handling,” Peters said, adding that people were facing death threats.
“This is only going to, unfortunately, deter other scientific experts from public service to understand that this is what they would have to go through as they provide their advice to us,” he added.
Separately, Sen. Richard Blumenthal, D-Conn., told reporters that he would not ask Fauci questions during his allotted time to speak.
“This show trial is a perjury craft for criminal prosecution going forward,” Blumenthal said, calling Fauci’s decision to exercise his Fifth Amendment right “the more prudent course.”
Instead, Blumenthal used his period of time to defend Fauci and criticize Republicans’ handling of both the hearing and health issues facing the country.
“Put aside all the flowery rhetoric that we hear in the United States Senate,” he said. “Dr. Fauci has saved lives, as have public health officials in the United States and throughout the world. And today, we are demeaning and degrading their lifesaving service.”
Ahead of the hearing, Paul pointed to the possibility of Fauci facing prosecution for perjury if he lied to Congress. Paul has previously alleged that Fauci has lied to Congress, an allegation that Fauci has denied.
On Tuesday, Paul responded to a reporter’s question about how he would respond to people who argue that the senator was trying to put Fauci in a position to perjure himself.
“There’s no risk to perjury if you tell the truth,” Paul said. “In fact, he can even admit to not telling the truth in the past. He can admit destroying records. He can admit to, you know not adequately presenting both sides of equations, which isn’t really a crime. He can admit to anything. The only thing he can’t do is lie again.”
Former President Joe Biden issued a pre-emptive pardon for Fauci in the final hours of his administration. Fauci responded at the time by saying that he had been “the subject of politically motivated threats of investigation and prosecution.” The doctor said he “committed no crime.”
Responding to a question earlier this week about whether he believed Fauci should face prosecution, Paul said, “I think there are a couple of questions,” adding that “we’re going to find out” at the hearing. Paul referenced Fauci’s pardon and expressed the possibility that it could be challenged.
“Whether that will be challenged, I don’t know,” Paul said.
Fauci’s lawyer, David Schertler, said in a statement that the circumstances surrounding Fauci’s appearance “regrettably made his continued…
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