ED MORRISSEY: Fauci Takes the Fifth.
“Any reasonable person who has followed his unhinged obsession with me would readily come to the same conclusion,” he continued. “Therefore, although 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 5th Amendment of the Constitution to refrain from answering your questions.”
That presents Paul and the Senate with an opportunity to pursue contempt charges. The Fifth Amendment right against self-incrimination is not without boundaries. It applies when potential criminal liability exists, which – for most people, most of the time – is always present. In fact, it’s a very good idea to stand on one’s right to remain silent in most circumstances when hostile questioning takes place, at least until you get a good lawyer to figure out what the potential liabilities might be.
However, pardons create the rare exception to the use of the Fifth Amendment. Joe Biden granted a full pardon to Fauci shortly before leaving office for any federal crimes he may have committed during a ten-year period prior to 2025. That covers all of the COVID-19 pandemic, and then some. Fauci cannot be prosecuted or charged for any federal crimes that took place in that period, so he has no criminal liability in testifying. That puts Fauci in the rare position of being unable to refuse to testify under oath in any legitimate trial or hearing, including those in Congress.
Fauci claims that Paul is trying to spring a perjury trap on him today, but the Fifth Amendment cannot be used to avoid it, especially when a pardon exists. All Fauci has to do to avoid a perjury trap is to testify honestly. And as long as the questions focus on the period covered by the pardon, Fauci is required to testify.
Josh Hawley had plenty of fun with Fauci: Senator Hawley Hilariously Forces Fauci to Plead the Fifth on His Tie Color and the Day of the Week.
Related:
PAUL: "Dr. Fauci, would you like to at least answer this one question for us today…?"
FAUCI: "On the advice of counsel, I respectfully decline…"
PAUL: "The chairman has DENIED your assertion of privilege and directed you to ANSWER, but you nonetheless refuse and stand on… pic.twitter.com/3yWxRfVb2f
— The Vigilant Fox 🦊 (@VigilantFox) July 29, 2026
Tweet continues, “The chairman has DENIED your assertion of privilege and directed you to ANSWER, but you nonetheless refuse and stand on privilege despite the existence of the pardon. It’s AGAINST THE LAW to obstruct an investigation of Congress. There will be repercussions to your refusal to testify today.”
But will there?
Its over. https://t.co/jpPRTCpkum
— Pradheep J. Shanker, M.D. (@neoavatara) July 29, 2026
