(7-29-26) Today in a Senate COVID response hearing Dr. Anthony Fauci invoked his 5th amendment right not to answer questions asked to him.

Below is what that means…

“Pleading the Fifth” means invoking the protection of the Fifth Amendment to the United States Constitution, which states that no person “shall be compelled in any criminal case to be a witness against himself.”

In practice, it means a person refuses to answer a question because the answer could potentially incriminate them.

For example:

  • In a criminal trial, a defendant may choose not to testify.
  • During a deposition, hearing, or police questioning, a witness may invoke the Fifth in response to specific questions if answering could expose them to criminal liability.

A few important points:

  • It is a constitutional right, not an admission of guilt.
  • It generally applies only when there is a genuine risk of self-incrimination.
  • In criminal cases, a jury generally cannot treat a defendant’s decision to remain silent as evidence of guilt.
  • In many civil cases, however, a court may be allowed to draw an adverse inference from a person’s refusal to answer.

Background

Dr. Anthony Fauci, who helped lead the U.S. response during the COVID-19 pandemic, invoked the Fifth Amendment amid plans to testify before the Senate’s Homeland Security and Governmental Affairs Committee (HSGAC) on Wednesday and will refrain from answering questions.

The committee is chaired by Republican Sen. Rand Paul of Kentucky, who has long accused Fauci of deceiving Americans about the origins of the COVID-19 pandemic.

Topics and examples of questions he declined

Public reporting does not provide a complete official transcript listing every question, but contemporaneous accounts describe the subjects and some specific examples:

• COVID-19 origins / lab-leak theory and related research: Questions about potential lab-leak origins of SARS-CoV-2, NIH/NIAID funding of research in China (including at the Wuhan Institute of Virology), “dangerous” research, and gain-of-function work. Sen. Paul specifically raised government-funded research in China and gain-of-function research (including claims related to monkeypox work at Fort Detrick). Fauci has long disputed characterizations that NIAID-funded work created or caused the pandemic virus.

• His public statements versus private views: Questions tied to recently released portions of Fauci’s personal diary/notes from the pandemic period (released by Paul), including early discussions of origins and any differences between private assessments and public messaging.

• Broader pandemic response issues: References to past testimony, public statements, vaccine-related matters, lockdowns/mask guidance, and related accountability questions raised by Republican senators.

• Even basic/non-substantive questions (to test the scope of the invocation): Sen. Josh Hawley (R-MO) asked questions such as “What day of the week is it today?”, “What color tie are you wearing?”, and “What color is the carpet in front of you?” Fauci invoked the Fifth on these as well.

In question was the status of Dr. Fauci’s pardon he received from President Biden.

If a valid presidential pardon covered the conduct at issue, then:

  • He generally could no longer refuse to answer questions solely on the ground that truthful answers might incriminate him for the pardoned federal offenses.
  • However, he could still invoke the Fifth Amendment if answering could expose him to:
    • state criminal liability,
    • federal crimes not covered by the pardon,
    • or crimes such as perjury or false statements based on his testimony.