Fauci Invokes the Fifth Over 100 Times, Refuses to Testify During Tense Senate Hearing

Sen. Rand Paul is vowing to force a vote next week to hold Dr. Anthony Fauci in contempt of Congress after the retired government scientist refused to testify in front of the Homeland Security Committee. Here is a look at what unfolded on Wednesday on Capitol Hill.

Dramatic Day on Capitol Hill Despite Fauci Remaining Silent

Dr. Fauci spent decades of his life serving the government, most notably as director of the National Institute of Allergy and Infectious Diseases (NIAID). Fauci became the face of the COVID-19 pandemic in the U.S., making him a household name as Americans turned to him as the major authoritative figure of the public health crisis.

However, on Wednesday, Fauci was mostly quiet, invoking his right to remain silent over 100 times. Fauci was facing intense questioning about his handling of the pandemic by Republican senators. The congressional hearing led by Sen. Paul lasted over two hours, yet Fauci only repeated over and over that  “Under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions.”

Paul and his colleagues believe that Fauci was instrumental in orchestrating a cover-up of the origins of the coronavirus. While Paul had told Congress that the hearing would yield answers about the pandemic, he came up empty-handed after Fauci exercised his constitutional right against self-incrimination.

The frustration on the GOP side was palpable. Several Republican senators uttered expletives when questioning Fauci about his handling of the pandemic. Congressional leaders are now attempting to spin Fauci's silence as evidence of his guilt.

Meanwhile, the Democrats say that the hearing was just another instance of the Republicans trying to downplay the pandemic, a crisis that killed over one million Americans. The Democrats also used the occasion to tout Fauci's contributions to science and American public health over his long career.

Democratic Sen. Richard Blumenthal said that “This hearing is the culmination of a years-long crusade, which started more than six years ago when Dr. Fauci dared to contradict President Trump." The senator from Connecticut went on to say that “The campaign to vilify you, Dr. Fauci, is just one part of this larger campaign against science and facts — a campaign that has made Americans less safe.”

Although Fauci was silent during the questioning, he did speak during his opening statement, noting that Paul's “obvious obsession with calling for my prosecution” is why he refused to speak. Fauci alleged that “The sole reason he is calling me before this committee is to get me to say something that could vindicate his repeated public pledges that I end up, in his words, ‘behind bars.'"

Despite it being clear from the beginning that Fauci was not going to answer questions, the GOP senators went on with the hearing and forced Fauci to repeat that he was invoking his constitutional right. Many senators were seen shaking their heads and rolling their eyes every time that Fauci repeated that he was not going to answer the question.

For his part, Fauci sat silently, often refusing to make eye contact with the senators who were peppering him with sharp questions. The 85-year-old appeared visibly frustrated at times, particularly when the Republicans accused him of guiding the research that led to the pandemic. Fauci has denied this accusation several times over the years.

The most dramatic part of the hearing came when Paul had Fauci's lawyer, David Schertler, escorted from the room when he tried to interject his thoughts. Schertler later said that the move was "outrageous," claiming that it was just another piece of evidence that demonstrates the “baseless and vindictive nature of this proceeding.”

What is Next?

Paul made the announcement toward the end of the hearing that he would call for a committee vote on contempt next week. This could start the process of asking the U.S. Justice Department to consider charging Fauci with a crime. However, even if the vote passes the Homeland Security Committee, the move would face a significant challenge on the floor of the Senate, where it would need 60 votes to pass.

It should be noted that Fauci has appeared over 250 times before Congress. He has never invoked the Fifth Amendment until now. He has also previously testified under oath in front of lawmakers regarding allegations by Paul and others that he hid the origins of the coronavirus.

Former President Joe Biden preemptively issued a presidential pardon for Fauci in his waning days in the Oval Office in an effort to protect Fauci from Paul and other GOP lawmakers. However, Paul has continued to find new ways to force Fauci to testify and to potentially open himself up to perjury and prosecution.

In his opening remarks on Wednesday, Paul referenced Biden's pardon, saying that "A pardon that protects a person from criminal prosecution doesn’t rewrite history. It does not erase documents. It does not convert a misleading statement to a truthful one, and it does not prevent Congress from establishing what happened."

Fauci's legal team said that they watched how House Republicans handled the closed-door committee testimony of former special counsel Jack Smith, another person who has been under intense scrutiny from Trump and his team. It was this precedent that led Fauci's team to advise him to invoke the Fifth Amendment rather than open himself up to perjury.

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