Dr. Anthony Fauci invoked the Fifth Amendment over 100 times at a contentious Senate hearing on July 29, 2026, refusing to answer any questions from lawmakers about his handling of the COVID-19 pandemic and the virus’s origins. The former National Institute of Allergy and Infectious Diseases director appeared before the Senate Homeland Security and Governmental Affairs Committee, chaired by Republican Senator Rand Paul, where he declined to testify after being sworn in.
In his opening statement, Fauci explained his decision to invoke the Fifth Amendment by citing what he called Paul’s “obvious obsession with calling for my prosecution” and his “repeated slanderous comments.” Fauci said Paul had publicly released his personal journal and repeatedly pledged to see him “behind bars,” leading him to conclude that the sole purpose of the hearing was to trap him into making statements that could be used against him.
“Any reasonable person who has followed his unhinged obsession with me would readily come to the same conclusion,” Fauci said in prepared remarks. “Therefore, although it pains me to do so because of the respect I have for the legislative branch of government and my decadeslong record of cooperating with Congress, under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions.”
Throughout the more than three-hour hearing, Fauci responded to every question—regardless of topic—with the same statement: “On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution.” Republican senators, frustrated by the refusals, attempted to provoke responses by asking about trivial matters, such as the color of Fauci’s tie and the committee room’s carpet.
The legal foundation for Fauci’s position stems from Biden’s January 2025 pardon, which shielded him from federal prosecution for actions and testimony connected to his government service during the pandemic. However, Fauci’s legal team determined that invoking the Fifth was necessary because Republicans had repeatedly suggested the pardon would not protect him from new statements made under oath. The concern, according to NBC News, was that senators might use his testimony to prosecute him for perjury, a future crime not covered by the pardon.
Paul rejected this reasoning, arguing that Fauci’s pardon meant he had no legitimate basis for invoking the Fifth Amendment. “There’s no risk to perjury if you tell the truth,” Paul said before the hearing. “In fact, he can even admit to not telling the truth in the past. He can admit destroying records.”
The hearing descended into confrontation when Fauci’s attorney, David Schertler, attempted to address the committee after the questioning ended. Paul repeatedly cut him off and ultimately ordered security to remove him from the room. Schertler later told NBC News that Fauci “has a valid Fifth Amendment privilege, and he has the right to assert it,” and called Paul’s actions “outrageous,” describing the proceeding as “baseless and vindictive.”
Paul announced immediately after the hearing that he would move to hold Fauci in contempt of Congress, with a committee vote scheduled for the following week. Paul warned Fauci that “there will be repercussions to your refusal to testify today,” citing federal law against obstructing a congressional investigation. However, legal experts have raised questions about whether a contempt charge would succeed given Fauci’s pardon and the constitutional validity of his Fifth Amendment claim.
Democrats on the committee defended Fauci, with Senator Richard Blumenthal comparing the hearing to Senator Joseph McCarthy’s anti-communism hearings of the 1950s. “This is only going to, unfortunately, deter other scientific experts from public service,” said committee ranking Democrat Gary Peters, warning that the proceeding “does real damage” and exposes witnesses to threats.
The hearing produced no new revelations about COVID-19’s origins or the government’s pandemic response, instead becoming a forum for Republicans and Democrats to advance opposing narratives about Fauci’s record. Paul has long accused Fauci of misleading Congress about gain-of-function research funding and whether National Institutes of Health money reached the Wuhan Institute of Virology in China. Fauci has previously denied these allegations.
Sources
- NBC News — Fauci’s decision to invoke the Fifth Amendment over 100 times, his opening statement, the pardon’s role in his legal strategy, and the removal of his attorney from the hearing room.
- The Hill — Paul’s argument that the pardon eliminates Fauci’s Fifth Amendment privilege and the contempt vote announcement.
- Axios — Paul’s statement that Fauci’s Fifth Amendment use was “unsupported” and details of the contempt proceedings.
- Time — Biden’s preemptive pardon shielding Fauci from federal prosecution.
- Reuters — Confirmation of Fauci’s refusal to answer questions at the hearing.
