Fauci's refusal to testify could have big consequences, Rand Paul warns

Fox News legal editor Kerri Urbahn said Wednesday that former NIAID Director Dr. Anthony Fauci's repeated invocation of the Fifth Amendment during a Senate hearing may have protected him legally but left unresolved questions about whether his preemptive pardon from former President Joe Biden affects potential contempt proceedings.

Speaking on America Reports, Urbahn said Republicans argued Fauci's pardon could undermine his claim that he faced legal jeopardy by testifying, while noting the issue remains legally unsettled because courts have never fully tested the scope of a preemptive presidential pardon.

"This is where it gets pretty confusing," Urbahn said. "As far as the legal stuff is concerned, it's still fairly murky."

Urbahn said lawmakers could pursue contempt proceedings if they successfully argue Fauci had no valid Fifth Amendment privilege, though she noted that question could ultimately be decided in court. She also said invoking the Fifth Amendment may have been intended to avoid potential perjury exposure if Fauci's testimony conflicted with previous statements or newly released diary entries.

Asked whether Fauci is likely to face legal accountability, Urbahn said, "If you're talking about legally, I would say probably not," adding she has not seen compelling evidence of criminal conduct presented by the committee but said Republicans appeared focused on whether Fauci had previously misled Congress.

Sen. Gary Peters, D-Mich., criticized Chairman Rand Paul's conduct during the Dr. Anthony Fauci hearing on Wednesday, calling it a "biased and selective effort" to legitimize predetermined conclusions.

Peters argued the committee should focus on strengthening public health infrastructure and national security instead of rehashing past events.

Dr. Anthony Fauci, the former National Institute of Allergy and Infectious Diseases (NIAID) Director, left Wednesday's congressional grilling without answering lawmakers' questions, but Republicans are escalating their fight to compel his testimony.

Sen. Rand Paul, R-Ky., announced Wednesday that he will seek civil contempt charges against Fauci after he invoked his Fifth Amendment right against self-incrimination more than 70 times during the blockbuster hearing.

"We're going to have a vote next week on contempt. I think there's another legal question that the courts may have to decide upon," Paul said. "And that is whether or not a presidential pardon offers you complete immunity."

The planned committee vote is likely to be along party lines as several Democrats on the panel came to Fauci’s defense on Wednesday.

Paul, the top Republican on the Senate Homeland Security and Governmental Affairs Committee, subpoenaed Fauci to testify about the origins of COVID-19 after he declined to appear voluntarily.

Fauci repeatedly pleaded the Fifth, arguing Paul had an "obsession" with seeking his arrest and released more than 1,000 pages of his "personal diary" over the weekend in an effort to embarrass and intimidate him, according to his opening statement.

This is an excerpt from an article by Fox News' Adam Pack.

Sen. Rand Paul, R-Ky., says the Senate Committee on Homeland Security and Governmental Affairs will hold a vote next week to "certify" Dr. Anthony Fauci's contempt of congress.

Paul informed Fauci of the vote after the former government official refused to answer hours of questions from lawmakers, invoking the Fifth Amendment.

Paul argued at the confusion of Wednesday's hearing that Fauci had no such right because former President Joe Biden granted him a blanket, pre-emptive pardon relating to COVID-19 charges.

"Because you refuse to answer, citing a privilege that is unsupported, because of your pardon, and after being denied to do so, this committee has scheduled a vote next week on a resolution certifying your contempt," Paul said.

Dr. Anthony Fauci has invoked the Fifth Amendment to avoid answering questions over 70 times hours into his hearing Wednesday.

Fauci claimed in his opening statement that Republicans and Sen. Rand Paul, R-Ky., were seeking to use his testimony to incriminate him and that he was therefore justified in invoking the Fifth Amendment to avoid answering questions.

To each and every inquiry he answered the same thing: "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution."

Sen. Bernie Moreno, R-Ohio, grilled Dr. Anthony Fauci over the impact his policies had on Americans during the COVID pandemic on Wednesday.

Fauci stuck to his refusal to testify and invoked the Fifth Amendment to each of Moreno's questions, which centered primarily on whether Fauci felt and remorse for his actions. The senator later exploded at Fauci near the end of his questioning.

"Will you apologize to the business owners that lost their business, shattered their lives and who will never recover?" Moreno asked.

"Will you apologize to the moms who had to force their infant children, two, three, four-year-olds, to put masks on? And what that did and how that traumatized those kids?" he asked.

"Will you apologize to the family members of the people who died because they took your advice and not only took the first vaccine, but the five, six other boosters that they did not need?" he pressed.

Fauci deferred to the Fifth Amendment to each of the questions, and more besides.

“Who the f*** do you think you are?” Moreno exploded near the end. "It is a total disgrace what you did to this country."

Sen. Josh Hawley, R-Mo., blasted Dr. Anthony Fauci during his questioning period at Wednesday's Senate hearing, embarrassing the former government official despite his refusal to testify.

Hawley began by asking Fauci simple questions: "What day of the week is it today?" "What color tie are you wearing?" and "What color is the carpet in front of you?"

Each time, Fauci answered with his scripted line, "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution."

Hawley then launched into criticism of Fauci, saying he has no right to plead the 5th.

"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," Hawley said, going on to quote the Supreme Court precedent stating that U.S. citizens may not "stand upon his privilege" after being pardoned.

"This isn't about the Constitution. This isn't about the law. This is about contempt. Contempt for this body and contempt for the American people," Hawley said.

David Schertler, attorney for Dr. Anthony Fauci, said his client had a Fifth Amendment right not to testify before the Senate Homeland Security Committee Wednesday, after Schertler was removed from the room at Chairman Rand Paul's direction.

Schertler was ejected after repeatedly attempting to speak during proceedings while he was not recognized. Paul issued him several warnings.

Sen. Rand Paul, R-Ky., warned Dr. Anthony Fauci that there will be "repercussions" to his decision to invoke the Fifth Amendment during Wednesday's Senate hearing.

Paul issued the warning after concluding his questioning of the former health official.

"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," Paul said. "The committee will have to consider after this hearing what appropriate action should be taken against your for the failure to testify after being directed to do so."

"It's against the law to obstruct an investigation of Congress," Paul said. "There will be repercussions to your refusal to testify today."

Dr. Anthony Fauci cited his 54-year career at the National Institute of Health and his record of cooperation with Congress during his Senate hearing on Wednesday, but he nevertheless invoked his Fifth Amendment right to refuse to answer questions.

Fauci argued that the "sole" purpose of the hearing was to somehow incriminate him based on his testimony. He argued Sen. Rand Paul, R-Ky., was running a campaign to send him to prison, saying the release of his COVID-era diary was an attempt at "embarrassing and intimidating" him.

Sen. Rand Paul, R-Ky., alleged that Dr. Anthony Fauci's support for gain-of-function research was "extensive and long-standing" on Wednesday.

Paul repeatedly prodded Fauci with questions, but the career government official refused to answer and invoked the Fifth Amendment each time.

Paul presented Fauci with previous statements in which he claimed that gain-of-function research was worth the risk and asked him twice whether he still believed that to be true.

Fauci stuck to his legal script in response to both questions.

Sen. Rand Paul, R-Ky., ordered one of Dr. Anthony Fauci's attorneys to be removed from the Senate hearing room after repeatedly interrupting proceedings on Wednesday.

Paul gave the attorney, David Schertler, repeated warnings both before an during the hearing.

A lengthy exchange showed Schertler attempt to speak after Paul concluded his questions, to which Fauci invoked the Fifth Amendment.

"You are not recognized, sir," Paul said repeatedly as the attorney attempted to speak.

Paul emphasized that the hearing was about Fauci's testimony and not the "game" of his lawyers.

The back-and-forth lasted for over a minute before Paul ordered the Schertler removed, prompting applause in the room.

"You are not recognized, sir," Paul says as the attorney continued speaking.

"Security, please remove him from the room," Paul says.

Dr. Anthony Fauci accused Sen. Rand Paul, R-Ky., of carrying out a "slanderous" campaign against him, going on to invoke the Fifth Amendment during his opening statement at the Senate on Wednesday.

"The only conclusion I can reach is that the sole reason is to get me to say something, anything that could vindicate [Paul's] repeated, public pledges that I end up, in his words, quote 'behind bars,' unquote," Fauci said.

"Therefore, although it pains me to do so, because of the respect I have for the legislative branch of government and my decades-long career in government, under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions. Thank you," Fauci said.

Sen. Rand Paul, R-Ky., issued a blistering opening statement during Wednesday's hearing featuring Dr. Anthony Fauci on Wednesday.

Paul reminded viewers that Fauci initially refused to testify and only came before the Senate due to a subpoena.

"You are here today under duress," Paul said, before launching into criticism of Fauci's mishandling of the COVID-19 pandemic and his messaging to the American people.

Sen. Roger Marshall, R-Ks., predicted that Dr. Anthony Fauci will refuse to cooperate with lawmakers during his Senate hearing on Wednesday.

Marshall, speaking to Fox News Digital at the Capitol, argued a long-term solution may be to launch a special counsel investigation into the legitimacy of Fauci's pardon.

"I think he has to explain why his diary says one thing, but he told the American public something else. he destroyed the America's trust in government, their trust in the CDC, the NIH as well. He needs to take responsibility," Marshall said. "He's partially responsible for the death of a million Americans. 20 million Americans still live with long Covid. He helped fund the the development of this virus. He funded gain a function for years."

"I assume he'll either take the fifth or he'll have amnesia. One of the two. But that's why we have the, his own diary, in his own words. So I think we can continue to point those out. And eventually America is gonna be the judge," he continued.

"We'll see if we lay something out. Is it the auto pen? A pardon or not? I think that's why I called for a special counsel. We need a special counsel to go into the the validity of the auto pen, along with his funding of the virus...The lies that he told the American public, his miscommunications with the president as well," he added.

President Donald Trump lashed out at Dr. Anthony Fauci ahead of his testimony before the Senate on Wednesday.

Trump minimized Fauci's role in the first Trump administration's response to the COVID-19 pandemic, claiming that Fauci's ideas had been "crazy" and that he had been trying to "protect China."

"Many more people died of Covid under the Biden Administration than under the Trump Administration. 'Operation Warp Speed' was a SPECTACULAR SUCCESS, in fact, many say, one of the most successful things ever done by an American President. I overrode Fauci on this. His ideas were CRAZY," Trump wrote in a Truth Social post on Wednesday.

"Also, I said from the beginning that the Virus came from the Wuhan Laboratory in China. Fauci strongly disagreed, always trying to protect China. I Inherited Fauci, who was there since the 1980’s, but with each passing day, relied less and less on him. He made too many bad calls, like on MASKS. Remember at the beginning he was an anti-masker. He then switched to a super-masker. In any event I didn’t let him shut the Country down, although he wanted to," Trump continued.

"I went the Federalist way, and let the governors decide. The Republican governors did a much better job than the Dumocrats. Fauci was largely taken out of play, and then along came Sleepy Joe Biden, who made Fauci a 'King!' I called Biden to tell him Fauci was no good, either didn’t have a clue, or was dishonest. The call was well received, but sadly, not acted on. Biden went on to give Fauci vast destructive power. The rest is history!" he wrote.

Fox News contributor Clay Travis joined "Jesse Watters Primetime" to discuss Dr. Anthony Fauci's personal diary revelations from the COVID-19 era.

Travis argued the diary entries are damning and show Fauci to be a "coward."

Dr. Anthony Fauci ran point as the COVID-19 explainer-in-chief under two different administrations, steering policy and messaging on the virus that rattled the country and world for years.

But there is one thing in all of his media appearances, profiles, interviews and congressional hearings that Sen. Rand Paul, R-Ky., contended Fauci never said: that he was sorry.

"I mean, I'd like to hear him say he's sorry," Paul said. "Can he say he is sorry for funding — the research was dangerous research in China? Almost everybody agrees with that."

"Now he says, 'Oh, well, it didn't meet this definition or this definition, it was dangerous research," he continued. "It was a judgment error. It was a profound judgment error."

Paul and Fauci are set to square off Wednesday morning in the Homeland Security and Governmental Affairs Committee, the panel that Paul leads, in a clash that has been years in the making.

In the lead up to Wednesday’s hearing, Paul unveiled over 1,000 pages of Fauci’s diary, providing his own color commentary online about Fauci's motivations leading up to and during the pandemic.

The lawmaker has had his sights set on Fauci since the beginning of the COVID-19 pandemic and accused him of funding research in China that led to the eventual outbreak of the virus.

And though Fauci has been out of the public spotlight since 2022, when he stepped down from his role as director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health (NIH), the two will finally get the chance to square up and settle the feud.

This is an excerpt from an article by Fox News' Alex Miller.

Fox News host Jesse Watters says Dr. Anthony Fauci's COVID-era diary entries prove the former top-level health official was "infatuated" with himself.

The entries, publicized by Sen. Rand Paul, showed Fauci frequently remarking on his media appearances as well as articles about him in major newspapers as the nation grappled with the pandemic.