Dr. Anthony Fauci on Wednesday repeatedly invoked the Fifth Amendment, refusing to answer questions from senators during a hearing about his handling during the COVID-19 pandemic.
Fauci, 85, remained stoic under questions and withering attacks by senators in the Republican-led committee, which is being chaired by Sen. Rand Paul of Kentucky.
“Well, nothing says honesty like taking the Fifth, huh, doc?” Sen. Josh Hawley of Missouri said.
At times, the questioning approached comic levels, as Hawley lobbed several obvious questions at Fauci, who refused to answer. The queries ranged from “What day of the week is it today?” to “What color tie are you wearing,” The Associated Press reported.
Sen. Bernie Moreno was more pointed, dropping an expletive as he asked Fauci, “Who the (expletive) do you think you are?”
Fauci answered every question the same way: “On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution.”
What does it mean when someone invokes their Fifth Amendment rights? Here is a look.
What is “the Fifth?”
The Fifth Amendment to the U.S. Constitution spells out numerous rights pertaining to legal proceedings, including that no one “shall be compelled in any criminal case to be a witness against himself.”
In other words, people do not have to give testimony that could hurt them in their own cases.
The amendment dates to 1791.
What are its limitations?
Under what has become the legal standard, the witness has to be facing a genuine risk of criminal prosecution, Paul Cassell, a criminal law professor at the University of Utah, told The Associated Press. That means prosecution on any charge in any U.S. court.
However, there are exceptions for cases held in military courts or for those actively serving in the military.
Does it hurt to invoke the Fifth?
Under the law, no, it does not hurt one’s case. Prosecutors cannot comment on a defendant’s refusal to testify, and a jury cannot be advised that it’s OK to take defendants’ silence as a sign of guilt.
Fauci was pardoned: Why take the Fifth?
Before President Joe Biden left office, he gave Fauci a preemptive “full and unconditional” pardon dating back to 2014, the AP reported. So, why would Fauci need to invoke the Fifth now?
The decision may revolve around the comments of several Republicans that Fauci could still be criminally prosecuted for perjury if he lies under oath.
Fauci said in his opening statement that he believed Paul wanted him to testify so he could say something that might justify his arrest.
Text of the Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
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