Fauci invokes fifth amendment and declines to testify in Senate Covid hearing
The Guardian · L · trust 53/100
Dr Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases (Niaid), testifies before the Senate committee on Wednesday. Photograph: Matthew Kaminsky/EPA View image in fullscreen Dr Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases (Niaid), testifies before the Senate committee on Wednesday. Photograph: Matthew Kaminsky/EPA US Senate Fauci invokes fifth amendment and declines to testify in Senate Covid hearing Adviser to Trump and Biden for pandemic says Republican senator has ‘unhinged obsession’ with him
Prefer the Guardian on Google Dr Anthony Fauci , who served as a key adviser to Donald Trump and Joe Biden during the Covid-19 pandemic, has refused to answer questions at a high-profile congressional hearing, accusing a Republican senator of having an “unhinged obsession” with him.
Fauci, the veteran former director of the National Institute of Allergy and Infectious Diseases (Niaid), invoked his constitutional right against self-incrimination when appearing before a Senate committee on Wednesday.
Fauci said Republican Kentucky senator Rand Paul had, who called the hearing, led a years-long investigation into himself and the origins of the pandemic aimed at “embarrassing and intimidating me”, and ultimately landing him “behind bars”.
“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,” Fauci said in his opening statement.
Read more Fauci, 85, served under seven US presidents and through numerous health crises, including the HIV crisis, Ebola outbreaks and the first coronavirus outbreak, called Sars-CoV-1 . He became a household name overnight when the Covid-19 pandemic halted social life in 2020.
Quickly after opening statements, the hearing became a back-and-forth between Paul and Fauci. Paul grew visibly agitated as Fauci refused to answer, threatened the scientists with “repercussions”, and then tossed one of Fauci’s attorneys from the hearing room.
“Did the [National Institutes of Health] ever fund gain-of-function [research] on monkeypox?” Paul asked, in reference to research scientists do with viruses to manipulate them and make them more effective to shed light on how outbreaks happen.
“On the advice of counsel, I respectfully decline to answer based upon my rights under the fifth amendment of the constitution,” said Fauci.
After another description of research Paul found unacceptable: “Dr Fauci, did the NIH ever conduct research for or in coordination with any element of the intelligence community, CIA, [Office of the Director of National Intelligence]?”
Fauci responded: “On the advice of counsel, I respectfully decline to answer based upon my rights under the fifth amendment of the constitution.”
Paul pressed on: “Dr Fauci, would you at least like to answer this one question for us today, and let us know whether or not you have changed your mind on whether or not the benefits of gain-of-function [research] outweigh the risks?”
Fauci replied: “On the advice of counsel, I respectfully decline to answer based upon my rights under the fifth amendment of the constitution.”
A visibly frustrated Paul soon scolded Fauci, “The chairman has denied your assertion of privilege,” he said, and later added: “There will be repercussions to your refusal to testify today.”
Soon, an attorney for Fauci attempted to join him at the table, and Paul demanded the attorney move.
“This is not a game with his lawyers,” said Paul, to the attorney who was apparently trying to speak, but could not be heard for lack of a microphone. “The attorneys were not recognized.”
“There’s a row behind you, sir,” said Paul. “This is the way Anthony Fauci wants to be remembered – for a lawyer not recognizing the rules … security please remove him from the room,” Paul said. The attorney patted Fauci on the shoulder and voluntarily left, alongside a security guard.
Members of the audience, which conspicuously included rightwing media figure Laura Ingraham, applauded.
Read more At least part of Paul’s frustration likely stemmed from Fauci’s receipt of a presidential pardon from Biden. There is debate among experts about how far the fifth amendment extends. Some argue that once a person accepts a presidential pardon, they cannot invoke the fifth amendment. Without that right, Congress could hold a witness in contempt, which can lead to fines or – in the extreme – jail time. Others have argued that the right extends as long as there is a valid threat of prosecution, particularly by states.
“You don’t have any rights under the fifth amendment,” claimed Republican senator Josh Hawley of Missouri, in a line of accusatory questioning. “This is about contempt – contempt for this body, and contempt for the American people.”
Democrats, meanwhile, defended Fauci’s use of the amendment. Paul is “single-mindedly fixated on seeing Dr Fauci prosecuted for imaginary crimes, and you are so invested in that outcome you have created a personal brand around it”, Facui’s attorneys argued in a statement read aloud by the Democratic senator Richard Blumenthal, of Connecticut.
Ahead of the hearing, Republicans characterized their work as investigating “the origins of Covid-19 and risky taxpayer-funded life science research”, while scientists have characterized the investigation as “vilification and harassment” of Fauci, who led Niaid for 38 years before retiring in 2022 .
Indeed, Republican senator Bernie Moreno took the opportunity to demand Fauci apologize for a military policy that required service members to take the Covid-19 vaccine, to Americans who lost businesses during the pandemic, and to a single Ohio mother who was arrested for not wearing a mask during an outdoor football…
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