Fauci invoked his Fifth Amendment rights against self-incrimination more than 100 times when he appeared before the Senate Committee on Homeland Security and Governmental Affairs.
Sen. Rand Paul of Kentucky, the Republican committee chairman, has said that constitutional protection did not apply since Fauci last year received a pardon from President Joe Biden and thus did not have to worry about the threat of prosecution.
But Fauci, in a statement issued before the hearing, said he had good reason to fear the possibility of criminal charges given what he said was Paul's determination “to get me to say something, anything, that could vindicate his repeated public pledges that I end up, in his words, quote, behind bars, unquote."
The pardon from Biden covered acts from 2014 through the January 2025 day it was issued but does not shield Fauci from state-level prosecutions or from investigations into any testimony that he did give that lawmakers thought was false.
The Republican-led panel is set to vote Thursday morning on whether to refer Fauci to the U.S. Attorney's Office in Washington, which would make a decision on whether or not to investigate or potentially attempt to prosecute the doctor for contempt.
