Remember when Anthony Fauci spent four years on television telling everyone he was literally the walking embodiment of science? Well, apparently science has nothing to say anymore. The former NIH boss rolled into a Senate hearing on Tuesday with his own security detail, sat down, delivered an opening statement, and then proceeded to invoke his Fifth Amendment right more than 100 times. That is not a typo. Over one hundred times. The guy who logged 250 congressional appearances throughout his career suddenly could not recall how words work.
As USA Journal reported, Rand Paul was not amused. Not even a little bit. The senator announced right after the hearing that he is bringing a contempt vote to committee next week, and his legal reasoning actually makes a lot of sense when you think about it for more than three seconds.
Here is the thing. Joe Biden gave Fauci a sweeping preemptive pardon that covers his NIH work going back years. The entire purpose of a pardon is to wipe away criminal jeopardy. And the Fifth Amendment only protects you when your testimony could actually lead to criminal consequences. So if the pardon already removed that danger, what exactly is Fauci protecting himself from? A mean tweet? Paul's argument is that this is not a constitutional right being exercised. It is obstruction wearing a constitutional costume.
But wait, there is more. Catherine Herridge reported that a former senior DOJ prosecutor identified three legal strategies that could challenge Biden's pardon. One approach involves charging Fauci with a crime and letting him try to dismiss it on pardon grounds, which would force a federal court to evaluate the pardon's actual scope for the first time. Another is the contempt path Paul is already sprinting down. The third involves flipping Dr. David Morens, who was Fauci's closest associate and is now facing multiple federal charges including conspiracy and destruction of government records.
Morens, for those keeping score at home, allegedly used personal email accounts specifically to dodge public records requests and coordinated with Fauci about keeping information off official channels. He has pleaded not guilty to all five federal counts. Prosecutors may have a pretty compelling bargaining chip if they want his cooperation.
Legal expert John Yoo also pointed out that the pardon only covers past conduct. If Fauci committed perjury during this hearing, that is brand new criminal exposure the pardon cannot touch. So congratulations to the man who once called himself a rockstar in his own diary for potentially creating fresh legal problems while trying to avoid old ones.
Paul has also alleged that Fauci authorized or directed the destruction of official federal records, which is its own separate crime. That allegation does not vanish just because Fauci sat there like a statue refusing to engage.
So to recap: Fauci arrived with bodyguards, said absolutely nothing of substance, and left. Next week, Rand Paul holds a contempt vote. The accountability that Fauci apparently believed a pardon would permanently prevent seems to still be very much in transit.
Read more conservative news commentary at: USA Journal News
