By The Epoch Times | Created at 2026-07-30 13:50:34 | Updated at 2026-07-30 14:34:09
48 minutes ago
Lawmakers were left with more questions than answers after Dr. Anthony Fauci appeared before Congress on July 29.
The former head of the National Institute of Allergy and Infectious Diseases was subpoenaed to testify on his conduct and decision-making during the COVID-19 pandemic. Instead, he invoked the Fifth Amendment more than 100 times, refusing to answer even basic questions.
“What color tie are you wearing,” Sen. Josh Hawley (R-Mo.) asked.
“On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution,” Fauci replied.
The doctor gave the same answer, verbatim, when senators asked if he used his office to enrich himself, ordered employees to destroy federal records, or lied to the public.
Hawley Says Biden Pardon Invalidates 5th Amendment Claim
Though Fauci pleaded the Fifth, Sen. Rand Paul (R-Kent.) said that might not shield him from congressional scrutiny.
Since former President Joe Biden issued Fauci a pardon for all his activities ranging from 2014 until January of 2025, Paul said, Fauci had no valid right to claim he would incriminate himself by answering questions.
Earlier in the hearing, Hawley made the same assertion, pointing out that the U.S. Supreme Court, in the Brown v. Walker case, ruled that a person cannot invoke the Fifth Amendment related to crimes for which he had been pardoned.
John Malcolm, vice president of the Meese Institute at Advancing American Freedom, agreed.
“Now there are lots of answers that Anthony Fauci could have given that would be embarrassing to him, but it is improper to invoke the Fifth Amendment to avoid disclosing embarrassing information,” he said. “The Fifth Amendment is only available to avoid answering questions that could incriminate you.”
Paul said there would be consequences.
“Because you refuse to answer, citing a privilege that is unsupported because of your pardon, and after being denied to do so, this committee is scheduled to vote next week on a resolution certifying your contempt,” Paul said.
Fauci’s Attorney Kicked Out of Hearing
Though Fauci refused to answer any questions, his attorney, David Schertler, repeatedly interrupted the hearing to defend his client’s right to plead the Fifth.
Paul reminded Schertler that he had been instructed not to sit at the table with Fauci, and that he would not be allowed to speak.
“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, so I would say, Sir, sit quietly and don’t say another word.”
After Schertler interrupted once more, Paul ordered him escorted out as attendees of the hearing applauded.
Schertler said the accusations were “egregious” and politically motivated.
Will the Contempt Charge Stand Up in Court?
John Shu, a constitutional law expert who served in both Bush administrations, said the Fauci situation resembles that of Monica Lewinsky.
She was given broad immunity in order to testify about her affair with former President Bill Clinton. If that case had gone to trial, Shu said, Lewinsky would have been forced to testify.
He also pointed out that Paul had cleverly worded his last question to Fauci by saying he only wanted to know if the doctor had destroyed any federal records during the period covered by the pardon.
“There’s a very excellent argument to be made that because Rand Paul limited the scope of his question to that time period, he cannot invoke a Fifth Amendment right not to answer.”
—Stacy Robinson
BOOKMARKS
The Federal Reserve left interest rates unchanged for the fifth straight meeting on July 29. Nine members of the Federal Open Market Committee agreed to leave the chief policy rate in the current target range of 3.5 percent to 3.75 percent.
Fauci’s diaries that he kept during COVID-19 have become public. Zachary Stieber has the highlights in his latest report.
House Democrats have expanded its list of vulnerable GOP seats, hoping to flip them during the midterms. “In less than 100 days, Democrats will take back the House majority and it will be powered by our incredible candidates,” Democratic Congressional Campaign Committee Chair Rep. Suzan DelBene (D-Wash.) said in a press release.
Democrats Everton Blair and Marcye Scott are headed to a runoff in the special election in Georgia’s 13th Congressional District that was held on July 28. Jackson Richman has more in his latest report.
President Donald Trump wants the Supreme Court to consider overturning lower court verdicts against him in a case involving former Secretary of State Hillary Clinton. Trump brought the lawsuit in 2022 against Clinton, former British spy Christopher Steele, and more than two dozen other people, alleging they committed conspiracy crimes by creating the so-called Steele dossier and disseminating its claims ahead of the 2016 presidential election.
—Stacy Robinson
