Fauci invokes Fifth Amendment at Senate hearing on COVID-19 response

Anthony Fauci, the former US government's top infectious disease official, repeatedly invoked his Fifth Amendment right against self-incrimination during a Senate hearing on Wednesday, declining to answer lawmakers' questions about his handling of the COVID-19 pandemic.

Acting on the advice of his attorney, Fauci responded to nearly every question by saying, "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution".

The constitutional protection allows individuals to refuse to provide testimony that could be used against them in a criminal case.

The hearing, held by the Senate Homeland Security and Governmental Affairs Committee and chaired by Republican Senator Rand Paul of Kentucky, followed a subpoena issued after the release of Fauci's personal journals.

Paul has said the documents raise new questions about the government's handling of the pandemic, including discussions over school closures and the origins of COVID-19.

In his opening statement, Fauci said he believed the hearing was intended to provoke statements that could expose him to criminal liability rather than uncover new information.

"The sole reason he is calling me before this committee is to get me to say something, anything, that could vindicate his repeated public pledges that I end up 'behind bars'," Fauci said, referring to Paul.

Paul rejected that characterization and accused Fauci of failing to fully inform Americans about key decisions made during the pandemic.

"You did not tell the American people the full story," Paul said. He also warned that the committee would consider holding Fauci in contempt of Congress for refusing to answer lawmakers' questions.

Tensions briefly escalated after Fauci's attorney, David Schertler, attempted to respond following Paul's remarks. Paul declined to recognize him, and US Capitol Police escorted Schertler from the hearing room.

Republicans questioned Fauci about the origins of the coronavirus and US-funded research related to infectious diseases, and they also questioned him about discussions among scientists in early 2020 regarding the possibility of a laboratory accident. Fauci declined to respond, citing the Fifth Amendment.

The debate over the origins of COVID-19 has continued for years.

A US intelligence community assessment released in 2023 said agencies remained divided over whether the virus emerged naturally or was linked to a laboratory incident.

Scientific studies have found evidence supporting a natural spillover from animals to humans, while no conclusive evidence has publicly established a laboratory origin.

Democrats criticized the hearing as politically motivated and argued Congress should instead focus on current public health challenges.

Senator Gary Peters of Michigan, the committee's top Democrat, said lawmakers should concentrate on strengthening the country's public health system rather than reopening debates over the pandemic.

Before leaving office in January 2025, then-president Joe Biden granted Fauci a broad pardon covering federal offenses related to his government service between 2014 and Jan 19, 2025.

Republicans argued the pardon does not shield Fauci from potential legal consequences if he were to make false statements under oath before Congress.

The hearing also drew reactions from outside Washington. Harvey Levin, founder of TMZ, said in a video posted after the hearing that watching Fauci invoke the Fifth Amendment was "one of the most heartbreaking things I have seen in government in my lifetime".

Levin said he disagreed with some of the CDC's decisions during the pandemic, saying the agency "did damage to children and adults", but added that he did not believe officials acted maliciously.