{"id":7667,"date":"2026-07-29T18:34:38","date_gmt":"2026-07-29T18:34:38","guid":{"rendered":"https:\/\/relocationtimess.com\/?p=7667"},"modified":"2026-07-29T18:34:38","modified_gmt":"2026-07-29T18:34:38","slug":"why-anthony-fauci-might-not-be-safe-after-pleading-the-fifth","status":"publish","type":"post","link":"https:\/\/relocationtimess.com\/?p=7667","title":{"rendered":"Why Anthony Fauci might not be safe after pleading the Fifth"},"content":{"rendered":"
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\n By now in American politics, we\u2019ve become accustomed to high-profile figures pleading the Fifth to avoid answering questions they believe could be used to incriminate them. That includes President Donald Trump doing it more than 400 times in a civil case in 2022.\n <\/p>\n

Read more Your internet use may be making you crabby<\/a><\/p>\n

\n But when it comes to Dr. Anthony Fauci invoking the Fifth Amendment \u2014 as he did repeatedly in Senate testimony Wednesday \u2014 it\u2019s much more complicated.\n <\/p>\n

\n That\u2019s because Fauci was pardoned last year by then-President Joe Biden.\n <\/p>\n

\n Indeed, Wednesday\u2019s hearing is very unlikely to be the end of the story. And it could actually grease the skids for Republicans and the Trump administration to do something many of them have openly floated: Trying to put Fauci in prison.\n <\/p>\n

\n They\u2019re ostensibly not trying to prosecute Fauci for what he did during the Covid pandemic, but have talked about holding him in contempt of Congress \u2014 a threat to initiate a process that would result in the Justice Department considering whether to charge him.\n <\/p>\n

\n GOP efforts to prosecute Fauci formed the basis of his refusal to answer questions Wednesday. Specifically, he cited Senate Homeland Security and Governmental Affairs Chair Rand Paul\u2019s years-long attacks against him.\n <\/p>\n

\n Fauci claimed the Kentucky Republican was trying to \u201cget me to say something, anything, that could vindicate his repeated public pledges that I end up, in his words, \u2018behind bars.\u2019\u201d\n <\/p>\n

\n But the key difference between Fauci pleading the Fifth and others doing so is that Fauci was pardoned by Biden in early 2025.\n <\/p>\n

\n On his way out of office, Biden issued preemptive pardons for Fauci and others targeted by incoming President Trump while citing signs the new administration and its allies might try to drum up prosecutions against them. (That fear that has been legitimized, given the Trump Justice Department\u2019s efforts to target Trump foes based on often flimsy evidence.)\n <\/p>\n

\n And Fauci, the former director of the National Institute of Allergy and Infectious Diseases, was not only pardoned; he received a very broad pardon that covered virtually anything related to his government service between January 2014 and January 2025.\n <\/p>\n

\n In other words, Fauci is already immune from prosecution for many of the potential alleged crimes Paul and the committee\u2019s Republicans could try to link him to from the Covid era.\n <\/p>\n

\n But Fauci indicated he was pleading the Fifth because he feared Republicans would try to lay a perjury trap \u2014 i.e. try to get him to say something that could be used to bring a perjury case against him.\n <\/p>\n

\n Indeed, some prominent figures had spoken before the hearing about Fauci possibly still being prosecuted for perjury, despite his pardon. They included Health and Human Services Secretary Robert F. Kennedy, Jr. and conservative lawyer John Yoo, who both suggested as much in interviews on Fox News.\n <\/p>\n

\n (While Fauci\u2019s medical advice during the Covid pandemic has been roundly criticized by Republicans, there is little to link him to criminal activity. And polling earlier this year showed a majority of Americans still had confidence in him.)\n <\/p>\n

\n But whether it\u2019s enough for Fauci to plead the Fifth and be done with it is a major unanswered question.\n <\/p>\n

\n There is a tension between Fifth Amendment protections and Congress\u2019 investigative authority. And witnesses who claim they are protected from answering questions can be called upon to justify that in court and can be held in contempt.\n <\/p>\n

\n Former Trump adviser Steve Bannon, for instance, invoked executive privilege to avoid testifying about efforts to overturn the 2020 election. He was later convicted of contempt of Congress and sentenced to four months in prison when the courts rejected his claim. (The Trump DOJ has since sought to dismiss his conviction.)\n <\/p>\n

Read more New Secret Service emails reveal how case was built against James Comey<\/a><\/p>\n

\n Paul signaled Wednesday that he was scheduling a contempt vote for Fauci in his committee for next week, saying, \u201cIt\u2019s against the law to obstruct an investigation of Congress. There will be repercussions for your refusal to testify.\u201d\n <\/p>\n

\n It\u2019s worth noting that even if the panel votes to hold him in contempt, an actual referral to the Justice Department requires a majority of the full Senate, and that vote would have to clear a filibuster. That means Paul would need a handful of Democrats to get on board to follow through \u2014 or convince someone to take up the cause in the House, where it only requires a simple majority.\n <\/p>\n

\n While there\u2019s a long way to go before Fauci potential charges, some legal experts say his claim to the Fifth Amendment here could be dicey.\n <\/p>\n

\n \u201cWhether that concern (about prosecution) is sufficient to support a Fifth Amendment invocation would ultimately be for a court to decide,\u201d said former federal prosecutor Danya Perry.\n <\/p>\n

\n She added: \u201cFauci would point to Paul\u2019s repeated accusations and threats as evidence that the prospect of prosecution was concrete rather than speculative, even if he believed any such prosecution would ultimately fail.\u201d\n <\/p>\n

\n Mark Osler, a law professor at the University of St. Thomas, wrote in an email that \u201cthe pardon would seem to cover Fauci\u2019s previous congressional testimony prior to January 19, 2025. Thus, he can\u2019t assert the 5th based on the fact that he may be asked questions that reveal his prior testimony as false (or at least subject to such a charge).\u201d\n <\/p>\n

\n But Osler said Fauci could argue his pardon has some holes that could be exploited \u2014 such as conduct that occurred before 2014 or that didn\u2019t relate to his government service.\n <\/p>\n

\n CNN senior legal analyst Elie Honig wagered that Fauci would have a strong claim not just because of the time limit of the pardon, but also because he could fear being prosecuted for potential state<\/em> crimes, which aren\u2019t covered by a federal pardon.\n <\/p>\n

\n \u201cHe certainly can take the Fifth if he has exposure outside of the pardon, which he certainly does,\u201d Honig argued on CNN.\n <\/p>\n

\n If courts found that Fifth Amendment protections didn\u2019t apply to Fauci\u2019s testimony, he could conceivably agree to testify at that point and avoid possible contempt charges. But he would have to balance that against whatever potential prosecution he might fear his testimony could lead to.\n <\/p>\n

\n Interestingly, this is a scenario that was often previewed during and shortly after Trump\u2019s first term, but with the roles somewhat reversed.\n <\/p>\n

\n Back then, the thought was that Trump could pardon his allies, but that meant it could potentially be easier to make them testify against him.\n <\/p>\n

\n Now some Republicans are girding to continue the fight with Fauci.\n <\/p>\n

\n \u201cLet\u2019s just get one thing straight: You don\u2019t have any rights under the Fifth Amendment, because you\u2019ve been pardoned, as you very well know, as the Supreme Court has been clear for a century and more,\u201d GOP Sen. Josh Hawley of Missouri said at Wednesday\u2019s hearing.\n <\/p>\n

\n Hawley went on to cite Fauci\u2019s lawyers, one of whom was escorted out of the hearing at Paul\u2019s request after a tense back-and-forth.\n <\/p>\n

\n \u201cYour lawyers sitting behind you, now shifting nervously in their chairs \u2014 they know it,\u201d Hawley said. \u201cThis isn\u2019t about the Constitution. This isn\u2019t about the law. This is about contempt \u2014 contempt for this body and contempt for the American people.\u201d\n <\/p>\n

Read more Blanche nomination in peril as key GOP senator rails on DOJ over controversial fund<\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

By now in American politics, we\u2019ve become accustomed to high-profile figures pleading the Fifth to avoid answering questions they believe could be used to incriminate them. 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