Committee Could Hold Fauci in Contempt of Congress, Paul Warns

Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases, invoked his Fifth Amendment right against self-incrimination on Wednesday as he appeared before the Senate Homeland Security Committee.

The committee chairman, Sen. Rand Paul, R-Ky., has accused Fauci of knowingly being involved in funding controversial gain-of-function reasearch in China before the COVID-19 pandemic.

Repeatedly, Fauci said, “On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment of the Constitution.”

Several Republican senators noted that because Fauci had a broad pardon from President Joe Biden, he could not invoke his right against self-incrimination for potential crimes for which he was already pardoned.

Paul announced at the end of the hearing that the committee would decide next week whether to hold Fauci in contempt of Congress, a federal crime that can be prosecuted by the Justice Department.

In his opening statement, Fauci accused Paul of having an “unhinged obsession” with him and said he had no choice but to invoke the Fifth Amendment. 

“It pains me to do so because of the respect that 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.

Fauci also accused Paul of publishing his private diary from his time at NIAID, a move he said was “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 that could vindicate his repeated public pledges that I end up, in his words, ‘behind bars,’” Fauci said.  

Fauci also invoked the Fifth Amendment in questions from every other Republican member of the committee.

As customary in a Senate hearing, the majority and minority members each had a chance to ask questions of the witness. Democrat members of the committee did not ask Fauci any questions, but delivered speeches in his defense. 

Sen. Richard Blumenthal, D-Conn., called the hearing a “show trial,” and said it was not legitimate oversight that answered no scientific questions. 

“It is an insult to the memory of the millions who died of COVID-19,” Blumenthal said. 

Sen. James Lankford, R-Okla., quoted Fauci’s diary that said the wet market in Wuhan, China “was not the source, but the amplifier” of the virus.

He contrasted that with Fauci’s public statements rejecting the possibility of a lab leak as the source of the virus. 

Fauci again invoked his Fifth Amendment right. 

Early in the hearing, one of Fauci’s lawyers, reportedly David Schertler, kept trying to speak. Paul told him he was not a witness and was not authorized to speak. 

“We told you you would not be recognized,” Paul said. “You are not invited here for testimony, sir. You are being disruptive.”

The attorney seemed to continue to try to keep talking. 

Paul asked, “Would you behave this way in a courtroom? No, because the judge would put you in jail. I can’t do that today, but I can have you escorted from the premises.”

Paul asked security to escort the attorney out. He voluntarily got up and left the witness table.

This story is developing and will be updated.