Dr. Anthony Fauci dramatically “pled the Fifth” on Capitol Hill on Wednesday, using his constitutional right to remain silent to avoid incriminating himself in testimony about his actions during the COVID-19 pandemic.
Seated before the Senate Committee on Homeland Security and Governmental Affairs, chaired by Sen. Rand Paul (R-KY), with whom Fauci has clashed furiously and repeatedly for years, the doctor said he would use his Fifth Amendment right not to speak.
Recommended Stories
FAUCI TESTIFIES BEFORE THE SENATE IN COVID-19 HEARING: WHAT TO KNOW
In choosing this unexpected and intransigent route on the advice of his legal counsel, Fauci also accused Paul of calling the hearing to trap him into providing false testimony that could be used to prosecute him.
“Given Sen. Paul’s obvious obsession with calling for my prosecution, his repeated slanderous comments about me, and recently his publicly releasing my unredacted personal diary aimed at embarrassing and intimidating me, the only conclusion I can reach is that 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, in his words, ‘behind bars,’” Fauci said.
Paul opened the hearing by slamming Fauci for dishonesty about the origins of the virus, concealing that it could have been man-made and originated in a laboratory in China rather than having spilled into the human race from other animal species.
Paul subpoenaed Fauci, former director of the National Institute of Allergy and Infectious Diseases, for a public hearing after the former top infectious disease doctor refused to testify voluntarily about his role in setting pandemic policy.
Paul said Fauci used his position to conceal federally funded risky “gain-of-function” virus research at the Wuhan Institute of Virology in order to shield himself and his agency from culpability for starting the pandemic.

“One million Americans died from COVID-19. Some estimate as many as 15 million people died worldwide from COVID-19,” Paul said. “Publicly, Anthony Fauci promoted the theory that the virus arose naturally, while privately he was well aware of a mountain of evidence suggesting the virus originated in the lab. The American people deserve answers.”
IN FOCUS: Fauci’s legacy: Shattered public trust
Fauci said that his attorneys advised him to remain silent because of Paul’s “unhinged obsession” regarding the alleged cover-up of U.S.-funded risky virus research.
Fauci does not answer a single question
Fauci did not answer a single question asked during the hearing. Instead, in response to questions, he repeated dozens of times a prepared statement that he invoked his right to silence.
Paul repeatedly asked Fauci detailed questions about his agency’s funding of gain-of-function research, which, in layman’s terms, is the genetic manipulation of viruses to make them more dangerous.
Other Republicans asked Fauci pointed questions about his role in pushing the early COVID-19 vaccines, saying that aggressive vaccine mandates have contributed to the rise in vaccine skepticism and outbreaks of vaccine-preventable diseases such as measles.
Sen. Rick Scott (R-FL) also pressed Fauci on his relationship with senior adviser Dr. David Morens, who has been indicted on charges of allegedly destroying federal records to avoid Freedom of Information Act requests.
But other Republicans asked questions intended to get Fauci to provide any response other than invoking his right to remain silent. Sen. Josh Hawley (R-MO) asked Fauci what color the carpet was and what color his tie was, to which Fauci did not provide an answer. Sen. Bernie Moreno (R-OH) asked Fauci what the Fifth Amendment says, which the doctor also declined to answer.
One of Fauci’s multiple attorneys, who the committee identified as Dave Schertler, was removed from the hearing room after attempting to speak on behalf of his client. Paul repeatedly said that the attorney was not recognized to speak, and security escorted him from the room.
Paul said of the attorney that it was “appropriate to have him ejected” for attempting to speak on Fauci’s behalf.
“In no courtroom in America can you have your witness plead the Fifth Amendment, then your attorney gets to testify,” Paul said.
Paul said he did not recognize Fauci’s assertion of Fifth Amendment privilege because former President Joe Biden issued a sweeping preemptive pardon for Fauci before leaving office, covering from 2014 to 2025.
“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 you for the failure to testify after being directed to do so.”
Ahead of the hearing, Paul criticized legacy media outlets for their “uncritical adulation” of Fauci during the pandemic that allowed him to influence controversial policies, including strict vaccine mandates, shutting down schools, and masking children.
Paul said at the start of the hearing that the lockdowns of 2020 and 2021 “could never have been inflicted without you aiding and abetting the crime.”
“While you did not impose every restriction, you used your public authority to justify them,” Paul said.
Sen. Ron Johnson (R-WI), who has been critical of Fauci’s role in vaccine mandates, chided Fauci for refusing to answer questions from the committee.
“I’ve been deluged with questions to ask Dr. Anthony Fauci that there are so many legitimate questions that deserve answers, and now you’re not willing to provide those answers,” Johnson said.

Sen. Gary Peters (D-MI), the Democrat on the committee, did not use his time to answer questions of Fauci and instead said that the hearing should be about addressing contemporary security concerns rather than “relitigating the past.”
“We’re not going to make our nation safer by doing these kinds of activities, and I hope that we can restore our legitimate bipartisan oversight that’s going to help strengthen our public health and pandemic preparedness and other homeland priorities,” Peters said.
Sen. Maggie Hassan (D-NH) expressed sympathy for Fauci.
“It must be enormously frustrating to know that this hearing is designed to entrap you,” Hassan said. “It must be very frustrating for your attorneys to hear the chair’s mischaracterization of the legal issues and posture that impact your decisions at the witness table today.”
This is a developing story and will be updated. Congress reporter Lauren Green contributed to this report.
