Dr. Anthony Fauci invoked his Fifth Amendment rights during a Senate hearing Wednesday, refusing to answer questions from Sen. Rand Paul about Wuhan lab research funding and gain-of-function studies as the panel investigates the origins of the COVID-19 pandemic.
The former National Institute of Allergy and Infectious Diseases director, who served 38 years at the helm of the agency, declined to respond to a series of questions from Paul, the Senate Homeland Security and Governmental Affairs Committee chairman. Fauci said he believed Paul held an “obsession” with seeking his prosecution and that he feared being trapped into criminal liability.
“I served at the NIH for over 54 years, 38 of those as director of the National Institute of Allergy and Infectious Diseases. Over that period, I proved that I believe in and respect the value of legitimate congressional oversight,” Fauci said in his opening statement. He noted he had testified before Congress more than 200 times.
Paul countered that Fauci could not claim Fifth Amendment protections during a lawfully issued congressional subpoena, citing federal statutes that criminalize false statements to Congress. The exchange grew increasingly tense as Fauci’s attorney, David Schertler, began speaking from the witness dais without being recognized. Paul ordered Capitol Police to remove Schertler from the hearing room after he refused repeated directions to sit down and remain quiet.
The hearing marks the latest chapter in a years-long battle between Paul and Fauci over the origins of the pandemic and the NIH’s funding of research at the Wuhan Institute of Virology. Paul has long accused Fauci of funding research that triggered the pandemic and misleading Congress about it, charges Fauci has consistently denied.
Republicans noted that former President Joe Biden issued Fauci a pre-emptive pardon covering all activities before January 2025, raising questions about why he would need to invoke the Fifth Amendment. “The Fifth is for past crimes – for which Fauci has already been fully pardoned. I don’t think the Biden admin thought this through,” wrote attorney and author Ann Coulter.
Sen. Richard Blumenthal, D-Conn., defended Schertler, arguing the attorney had been wrongly silenced during the proceedings. White House adviser Peter Navarro posted on social media that he had predicted Fauci would plead the Fifth.
Paul told reporters after the hearing that he plans to schedule a contempt vote against Fauci next week, setting up a potential legal battle over the scope of Fifth Amendment protections in congressional investigations.
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