Fauci invokes 5th in hearing, citing Rand Paul's "unhinged obsession"
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Updated on: July 29, 2026 / 11:52 AM EDT / CBS News
Paul concluded the hearing by wondering aloud if Fauci's actions during the COVID-19 pandemic keep him up at night.
"Today will be the capstone to Anthony Fauci's 40 years of abusive power at NIH," Paul said. "In the end, we must imagine, Fauci believes he got away with it. But still, late at night, even the guilty must become anxious, re-running the scenarios through his mind, wondering, latching on to linger doubts and worrying — did his actions lead to the largest man-made plague in human history?"
Paul again criticized Fauci for declining to testify and citing the Fifth Amendment, after Fauci declined to answer questions about the presidential pardon.
"Given that you have a unlimited presidential pardon, what is your specific objection that you are making?" Paul asked. Fauci again invoked the Fifth Amendment.
"Because you refuse to answer, citing a privilege that is unsupported because of your pardon, and after being denied to do so, this committee has scheduled a vote next week on a resolution certifying your contempt," Paul said.
Lankford said there is a procedural question to answer here. Congress decided to hold former IRS official Lois Lerner in contempt of Congress after she delivered an opening statement and then declined to testify further.
"Lois Lerner came and testified, gave an opening statement, and then took the Fifth Amendment," Lankford said. "The committee then held her in contempt for that, saying you can't do both. ... Are we dealing with the same issue here?"
Paul said the presidential pardon has given Fauci more immunity than most people get.
Fauci continued to invoke his Fifth Amendment rights to every question from senators. After all senators had a chance to address Fauci, Paul began a second round of questioning.
Republicans asked Fauci about gain-of-function research, COVID-19 vaccines and more. Democrats expressed their frustration about Paul's handling of the investigation and hearing. Fauci was also asked about the pardon issued to him by former President Joe Biden.
"I really did want to hear from Dr. Fauci," Paul said. "I wanted to hear perhaps an apology, perhaps some semblance of being sorry for what happened or that judgment errors were made. We didn't hear any of that."
Sen. James Lankford, a Republican from Oklahoma, acknowledged Fauci's constitutional right to invoke the Fifth, but brought up the concerns he had about the nation's handling of the pandemic and questions about the origins of the virus.
He noted concerns Fauci had raised in his diary about the inability of children to receive measles vaccinations during the pandemic because of the shutdowns. Lankford also brought up the drops in literacy among children that have persisted since the pandemic. Fauci also answered his questions by invoking the Fifth.
"There are a lot of issues and a lot of questions that have come up, and hopefully in some day in the future, we'll be able to get all this clarity," Lankford said.
After he was removed from the hearing room, Fauci's attorney, who did not identify himself, told reporters, "Dr. 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."
Paul asked Fauci questions about gain-of-function research — that is, changes to an organism that confer a new or enhanced ability — and other questions about the COVID-19 pandemic.
In response, Fauci invoked the Fifth Amendment.
"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 told Fauci. "It's against the law to obstruct an investigation of Congress. There will be repercussions to your refusal to testify today."
Paul halted the hearing to expel Fauci's attorney from the hearing room.
"Sit quietly and don't say another word. I said sit quietly, you are not recognized," Paul said.
Peters said he wanted to hear what the attorney had to say, but Paul refused.
"He is not recognized by the committee or the chair. If he speaks again, he will be removed from the room," Paul said.
Soon afterward, Paul said, "Security, please remove him from the room." The attorney was escorted from the hearing.
"Let the record state that Dr. Fauci will still have the advice of the other half a dozen attorneys that he brought along today," Paul said.
In his opening statement, Fauci said he would invoke his Fifth Amendment right to not respond to questions, citing Paul's "unhinged obsession" with trying to put him "behind bars."
"Given Senator Paul's obvious obsession with calling for my prosecution, his repeated slanderous comments about me, and recently, his publicly releasing my unredacted personal diary, aimed at embarrassing and intimidating me, 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. 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. Thank you."
In response to Paul's questions, Fauci is responding, "On the advice of counsel, I respectfully decline to answer, based on my rights under the Fifth Amendment of the Constitution."
"The accusation that the committee has denied access to the minority's records is categorically false," Paul told Peters. "This is the most transparent investigation in the history of Congress."
Paul said all of the information was posted on a…
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