Dr. Fauci invokes Fifth Amendment over 100 times in explosive Senate hearing clash with Rand Paul

In an astonishing escalation of a years-long political feud, Dr. Anthony Fauci repeatedly invoked his Fifth Amendment right against self-incrimination during a tense Senate Homeland Security Committee hearing on Wednesday.

The 85-year-old former director of the National Institute of Allergy and Infectious Diseases (NIAID)—who served as the face of America’s pandemic response—refused to answer more than 100 questions posed by Republican lawmakers.

The hearing was spearheaded by Committee Chair Sen. Rand Paul (R-KY), a fierce, long-standing critic of Fauci. Ahead of the hearing, Paul released over 1,000 pages of Fauci’s private writings and diary entries, aiming to press him on the origins of COVID-19 and early pandemic policies.

However, the proceedings immediately descended into chaos when Fauci delivered a scathing opening statement, accusing Paul of running a politically motivated campaign designed purely to ensnare him.

“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 told the panel.

“Although it pains me to do so... under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions.”

Dr.Faui repeatedly invoked his Fifth Amendment right (Al Drago/Bloomberg via Getty Images)

Heated Drama in the Hearing Room

Over the course of the nearly three-hour hearing, Fauci repeated the phrase, "On the advice of counsel, I respectfully decline to answer," dozens of times as GOP senators took turns pressing him on Wuhan lab grants, mask mandates, and vaccine safety.

The tension peaked when Rand Paul ordered Capitol Police security to eject Fauci’s defense attorney, David Schertler, from the committee room after Schertler attempted to interject with a legal objection without being formally recognized.

Schertler later slammed the ejection, calling the proceeding a "baseless, biased farce."

Meanwhile, Democratic committee members strongly defended Fauci, condemning the hearing as a "political witch hunt" and a "backward-looking attempt to entrap a public servant."

Committee chairman Senator Rand Paul, Republican from Kentucky, questions Dr. Anthony Fauci during a Senate hearing (Alex WROBLEWSKI / AFP via Getty Images)

Can Fauci Plead the Fifth Post-Pardon?

Fauci’s refusal to speak has ignited an intense legal debate on Capitol Hill. Because Fauci received a presidential pardon from outgoing President Joe Biden before he left office in early 2025, Republican senators argued that he no longer holds the legal protection to invoke the Fifth Amendment regarding past federal conduct.

“You don't have any rights under the Fifth Amendment because you've been pardoned, as you very well know,” Sen. Josh Hawley (R-MO) fired back during the session.

“This is about contempt—contempt for this body and contempt for the American people.”

Legal scholars, however, note that a federal pardon does not protect an individual from potential state-level prosecutions or perjury charges if forced to testify under oath.

Following the chaotic session, Sen. Rand Paul announced that the committee will hold an official vote next week to cite Fauci for contempt of Congress for refusing to testify.