Tony Fauci refuses to testify in Congress

My favorite questions are when they asked "What color is the carpet?" and Fauci pleaded the 5th.

Executive summary

You can watch the whole thing here. Fauci basically pleaded the 5th on everything he was asked, even the color of the carpet. I hope they put him in jail for contempt of Congress. You can’t plead the 5th if you have a pardon.

The meeting starts 15:41 into the video.

At 56:20 minutes in, Senator Paul reminds Fauci again he’s in contempt and there will be consequences.

At 57:00, one of Fauci’s 6 attorneys tries to speak and refuses to remain silent, so he is removed from the room.

1:04:42 Senator Johnson is recognized to speak. So many questions, but no answers.

1:34 Senator Blumenthal praises Fauci for all the lives he’s saved and says the Republicans are holding the hearing to distract from rising health care costs, measles infections, etc.

Isn’t it stunning how “Mr. Science” is now, “I can’t say anything without risking criminal charges?”

Overview (times are EST)

~8:30 a.m. — Gavel, swearing-in. Fauci appears under subpoena, seated beside counsel David Schertler.

~8:32 — Paul’s opening. Paul reminded viewers Fauci had initially refused to testify and appeared only under subpoena: “You are here today under duress.” He frames the hearing around the diary release and pandemic messaging. Fox News

~8:40 — Peters’ opening. The ranking member blasts Paul for “relitigating the past”; he later calls the proceeding a “biased and selective effort” to legitimize predetermined conclusions and argues the committee should be strengthening public health infrastructure instead. The HillFox News

~8:50 — Fauci’s opening statement. The headline moment. “Although it pains me to do so, because of the respect I have for the legislative branch of government, and my decades-long 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.” He notes he testified before or briefed congressional committees over 200 times across 38 years as NIAID director, and accuses Paul of an obsession with prosecuting him, saying the sole aim is to get him to say something vindicating Paul’s public pledges that he end up “behind bars.” NPRabcnews

~9:00 — Paul’s questioning round. Paul asks about research he characterizes as “dangerous” funded in China, and about gain-of-function work he says was conducted on monkeypox at Fort Detrick. Fauci declines each. Paul’s public materials had flagged Fauci’s Feb. 1, 2020 entry describing a call with prominent scientists in which Fauci wrote “there was not total agreement” on origins. AxiosNPR

~9:15 (CNN clip timestamped 10:42 a.m. ET publication; this is at 57:00 in the official video) — Fauci’s Counsel ejected. Schertler attempts to speak; Paul: “You were told not to sit at the table, you insist on sitting at the table, and we told you you would not be recognized... You are not invited here for testimony, sir.” Peters says he wants to hear from the lawyer; Paul refuses — “This testimony is from Anthony Fauci. This is not a game with his lawyers” — then calls “Security, please remove him from the room,” drawing applause from the gallery. Capitol Police escort Schertler out about a minute later. Yahoo! + 2

~9:30 — Ron Johnson. Johnson, sounding incredulous, says Fauci lied to his own diary in writing that he was never shown the March 2020 reopening plan Trump sent to governors. Fauci sits mute as Johnson describes adverse effects from COVID vaccines and ivermectin efficacy, and accuses him of “sabotaging” research on other medications. Johnson: “I think it would be almost impossible for you to answer the questions truthfully without really demonstrating what you did.” ABC News + 2

~10:00 — Blumenthal. Calls the hearing part of a “campaign against science” that “has made this country less safe” — valid origins questions should be addressed, “but not in a show trial, not as part of a continuing vendetta against a single individual.” Axios

~10:30 — Close. Paul: “There will be repercussions to your refusal to testify today,” calling the privilege “unsupported because of his blanket pardon.” He announces the committee will reconvene next week to consider contempt. Fox counts more than 70 invocations of the Fifth across the hearing. Axios + 2

Post-hearing. Paul tells NBC News a contempt vote is already scheduled for next week and, if affirmative, will be referred to DOJ: “We believe that with his liability, 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.” His office puts the vote at a business meeting at 10:00 a.m. on Aug. 5. NBC News

Note:

1. There’s a real reporting discrepancy on the contempt track: NBC describes a criminal referral to DOJ, while Fox reports Paul will seek civil contempt — different mechanisms with different odds, so worth watching which the Aug. 5 resolution actually is.

2. The pardon/Fifth Amendment interaction Paul is betting on is contested doctrine: a pardon can extinguish the privilege as to covered conduct, but Fauci’s stated theory is exposure from new lines of inquiry outside the pardon’s window, which is a harder argument to defeat than Paul’s framing suggests. One legal analyst quoted by Fox thought the invocation was likely aimed at avoiding perjury exposure if testimony conflicted with prior statements or the diary entries. Fox NewsFox News