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Former White House chief medical adviser Dr. Anthony Fauci invoked his Fifth Amendment right against self-incrimination during a Senate hearing Wednesday, refusing to answer questions about the origins of COVID-19 and the federal government’s pandemic response amid an escalating confrontation with Sen. Rand Paul.
Fauci’s decision stunned the Senate Homeland Security and Governmental Affairs Committee, where lawmakers had expected another contentious exchange between the longtime public health official and the Kentucky Republican.
In his opening statement, Fauci said he had cooperated with Congress for decades but concluded that the hearing was intended to create an opportunity for criminal prosecution rather than legitimate oversight.
“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, ‘behind bars,’” Fauci said, referring to Chairman Rand Paul.
Fauci accused Paul of conducting what he described as an “unhinged obsession” against him, citing the senator’s repeated calls for criminal prosecution, public criticism and the release of Fauci’s personal journal.
“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 5th Amendment of the Constitution to refrain from answering your questions,” Fauci said.
Fauci noted that during nearly four decades as director of the National Institute of Allergy and Infectious Diseases, he testified or briefed congressional committees more than 200 times and had consistently cooperated with legislative oversight.
Despite Fauci’s refusal to testify, Paul proceeded with a series of questions during the hearing. Fauci responded to each with the same statement:
“On the advice of counsel, I respectfully decline to answer based upon my rights under the 5th Amendment to the Constitution.”
Ahead of the hearing, Paul argued Fauci faced no legal risk if he answered truthfully.
“There’s no risk to perjury if you tell the truth,” Paul told reporters Tuesday. “He can admit to not telling the truth in the past. He can admit destroying records. He can admit to not adequately presenting both sides of equations… The only thing he can’t do is lie again.”
Paul has repeatedly accused Fauci of misleading Congress about pandemic-related issues, allegations Fauci has consistently denied.
Former President Joe Biden issued Fauci a preemptive pardon during the final hours of his presidency. At the time, Fauci said he had committed no crimes but had become the target of politically motivated threats of investigation and prosecution.
Earlier this week, Paul suggested questions remain about whether that pardon could face legal challenges.
“We’re going to find out,” Paul said when asked whether Fauci should face prosecution.
Following Wednesday’s hearing, Fauci’s attorney, David Schertler, defended the decision to invoke the Fifth Amendment, arguing that the political climate surrounding the hearing left his client with little choice.
Schertler accused Paul of pursuing “an intense and seemingly pathological course of retribution, revenge, and obsession with Dr. Fauci,” saying the senator’s actions contributed to years of threats and harassment directed at Fauci and his family.
“Dr. Fauci devoted his lengthy career to saving millions of lives globally through scientific discovery and sound public health policy,” Schertler said. “The accusations that Chairman Paul continues to propagate are false and disgraceful.”
Paul, meanwhile, said before the hearing that Americans would be disappointed if Fauci chose not to answer lawmakers’ questions.
The hearing marked one of the most dramatic moments in the yearslong political battle over the federal government’s response to the COVID-19 pandemic, with Fauci declining to engage after concluding that any testimony could be used in future criminal proceedings.
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