Dr. Anthony Fauci, the former Director of the National Institute of Allergy and Infectious Diseases, invoked the Fifth Amendment 111 times during a Senate Homeland Security Committee hearing. Fauci’s invocation of the Fifth Amendment has raised questions about its propriety, given his pardon by President Joe Biden for any federal crimes he may have committed during his service.
Factors Suggesting Improper Invocation
Two factors suggest Fauci’s invocation was improper. First, his pardon by President Biden may have removed the risk of federal prosecution, which is a necessary condition for invoking the Fifth Amendment. Second, the applicable statute of limitations for any state crimes Fauci may have committed may have expired, given that he retired in 2022.
However, there are also factors that suggest Fauci’s invocation may have been proper. President Trump and several Republican Congressmen have argued that Biden’s pardons, including Fauci’s, are null and void because they were signed using an auto-pen without Biden’s knowledge or approval. Additionally, several state attorneys general have initiated investigations into Fauci’s conduct during his government service, which could potentially lead to state charges.
Senate Options
The Senate has several options to respond to Fauci’s invocation of the Fifth Amendment. One option is to vote to hold him in contempt of Congress, which would require a majority vote by the Committee and the full Senate. If the Senate votes to hold Fauci in contempt, the matter would be referred to the U.S. Attorney for the District of Columbia to decide whether to seek charges.
Another option is to grant Fauci use and derivative use immunity, which would require him to testify but would prevent any evidence derived from his testimony from being used against him in a subsequent prosecution. The Senate could also vote to give Fauci transactional immunity, which would prevent him from being prosecuted for any conduct that is the subject of his testimony.
Original reporting: Fox News (HLL/CB) — read the source article.
