
Kevin Dietsch/Getty Images
The infectious disease doctor invoked the 5th more than once as his disruptive lawyer was removed by security.
On Wednesday morning, a much anticipated hearing featuring Dr. Anthony Fauci began as he appeared before the Senate Committee on Homeland Security and Governmental Affairs. It is Fauci's first appearance before a legislative body since Sen. Rand Paul (R-Ky.) released the diary Fauci kept using his government email account. The session quickly erupted into fireworks, as Chairman Paul had Anthony Fauci's attorney removed for not following the directions of the chair.
Fauci used his own opening statement to defend his decades in government, noting that he had testified before or briefed Congress "well over 200 times" during his almost 40 years running the National Institute of Allergy and Infections Diseases and framing that record as proof he "believe[s] in and respect[s] the value of legitimate congressional oversight."
'The COVID lockdown … could never have been inflicted without you aiding and abetting the crime.'
He wasted no time going after Paul, accusing him of an "unhinged obsession" with trying to see him "behind bars." Fauci framed the whole hearing as bad faith, saying it was designed to get him to "say something — anything — that could vindicate" Paul's public pledges.
He also went after the publication of his email diary directly, calling it a move "aimed at embarrassing and intimidating me."
In his opening statement, Paul reminded the room that Fauci only showed up "under duress" and later baited him on the record: "Let the record record that the witness has refused to answer whether there's a folder in front of him."
"The COVID lockdown … could never have been inflicted without you aiding and abetting the crime," Paul said.
Invoking his Fifth Amendment right, Fauci said, after Paul began direct questioning, "under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions."
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Things then boiled over when one of Fauci's attorneys tried to jump in mid-hearing. Paul cut him off cold — "Sit quietly and don't say another word. ... You are not recognized" — before warning him a second time that he would be removed if he spoke again.
The lawyer kept talking anyway. "Security, please remove him from the room," Paul ordered. The standoff dragged on for over a minute before security pulled him out and the room broke into applause.
Democrat Gary Peters, the committee's ranking member, tried to intervene on the attorney's behalf. Paul overruled him on the spot.
The Fifth Amendment plea helps Fauci stay out of legal jeopardy. Former President Joe Biden's preemptive pardon for Fauci covers offenses from 2014 through the pardon's issue date, tied to his government service — but legal experts and lawmakers agree it does not protect against future perjury or obstructive conduct in compelled testimony.
Paul made clear days earlier that there was an easy way out: "There's no risk to perjury if you tell the truth." Fauci could admit to past falsehoods, destroyed records, or a one-sided presentation of the science, Paul said — "the only thing he can't do is lie again." Paul had also predicted the outcome, telling reporters ahead of time that Americans "would be very disappointed" if Fauci pleaded the Fifth — which he just did.
For more on Fauci's COVID cover-up, check out BlazeTV's six-episode docuseries "The Coverup."
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Zoe Jung