Fauci invokes Fifth Amendment to avoid Senate testimony

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(The Center Square) – The man who led the U.S. response to the global pandemic in 2020 told Congress on Wednesday he wouldn't answer questions about it.

Anthony Fauci, former director of the National Institute of Allergy and Infectious Disease, said he will invoke his Fifth Amendment right to protect against self-incrimination in a hearing about his role as a public health official during the COVID-19 pandemic. 

Fauci, 85, was subpoenaed by the U.S. Senate Committee on Homeland Security and Government Affairs. Sen. Rand Paul, R-Ky., chairman of the committee, issued the subpoena to compel his testimony. 

Fauci criticized Paul's pursuit of his leadership during the coronavirus pandemic. He said Paul has an "obvious obsession" with him. 

"Because of the respect I have for this legislative 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. 

Paul pointed to documents released as part of the Senate's investigation into the pandemic where Fauci appeared to acknowledge COVID-19's origin from a leak at a lab in Wuhan, China. Paul also mentioned several virologists and top scientists in Fauci's circle who acknowledged the possibility of the virus leaking from a lab. 

President Joe Biden issued an unconditional pardon for Fauci dating back to Jan. 1, 2014. Paul asked whether Fauci's pardon would be in jeopardy if he was found lying to Congress. Fauci invoked his Fifth Amendment right in response. 

"The committee has issued a valid subpoena," Paul said. "They have requested your presence here. The questions are very pertinent to your decision-making as head of NIAID as well as as a chief advisor to the president."

In his opening statement, Fauci said he was concerned Paul would seek to arrest him based on his testimony, regardless of his pardon. 

"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, anything, that could vindicate his repeated public pledges that I end up, in his words, 'behind bars,'" Fauci said.  

Paul also pointed to potential conflicts of interest Fauci had to support gain-of-function research in Wuhan. He said Fauci financially supported critical labs in China. 

"You were not a detached observer," Paul said. "You had an institutional interest in the public believing that federally research had nothing to do with the pandemic; it was a conflict of interest from the very beginning."

Sen. Gary Peters, D-Mich., criticized the committee's decision to subpoena Fauci. He criticized Paul for his past statements calling for Fauci to be fired, arrested and accused of conspiratorial behavior. He accused Paul of excluding Democratic members from participating in Fauci's investigation. 

"I fear the intent of this hearing is only meant to further a purely partisan agenda, and it will not make Americans safer," Peters said.  

Paul said Peters' assertions were "categorically false." Paul also slammed Fauci for not answering his questions and said the former health director will face consequences for refusing to testify. 

"There will be repercussions for your refusal to testify today," Paul said.