Sen. Rand Paul (R-KY), Chairman of the Senate Committee on Homeland Security and Governmental Affairs, said there will be a panel vote to hold Anthony Fauci in contempt after the former National Institute of Allergy and Infectious Diseases (NIAID) refused to answer any question during his testimony on Wednesday, instead repeatedly invoking the Fifth Amendment.
“That’s a vote that will happen in committee next week. It will be in contempt of Congress,” Paul told reporters after the hearing, which featured Fauci refusing to answer one question from lawmakers.
“We believe that with his… immunity from criminal liability, that he didn’t need to hide behind the Fifth Amendment and that maybe the Fifth Amendment doesn’t attach when you have a pardon in place,” Paul explained, noting it will be a legal question.
“That’ll be a legal question, but the question on contempt will be voted on, and then there’s a question of whether or not the Department of Justice will take that up,” he added.
Fauci made clear during his opening statement that he would not respond to any lawmaker questions. And after his own line of questions, which Fauci refused to answer, Paul said that there would be repercussions.
“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. The committee will have to consider after this hearing what appropriate action should be taken against you for the failure to testify after being directed to do so,” Paul said.
He added, “It’s against the law to obstruct an investigation of Congress. There will be repercussions to your refusal to testify today.”
Other lawmakers on the committee also pointed out that Fauci, whom former President Joe Biden pardoned, had nothing to hide.
“Let’s just get one thing straight: You don’t have any rights under the Fifth Amendment because you’ve been pardoned, as you very well know, as the Supreme Court has been clear for a century and more,” Sen. Josh Hawley (R-MO) said. “Brown vs. Walker, 1896. When he has been pardoned, he may not stand upon his privilege. You know that, your lawyers sitting behind you now shifting nervously in their chairs, they know it.”
“This isn’t about the Constitution,” he emphasized. “This isn’t about the law. This is about contempt — contempt for this body and contempt for the American people,” he added, noting that Fauci did not want to answer questions because he did “all kinds of terrible things” during the pandemic.
Fauci invoked the Fifth Amendment 111 times.
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