Senator Josh Hawley, a Republican from Missouri, sharply challenged former National Institute of Allergy and Infectious Diseases Director Anthony Fauci during a Senate Homeland Security and Governmental Affairs Committee hearing on Wednesday, accusing him of showing contempt for Congress by invoking the Fifth Amendment more than 100 times despite having received a blanket pardon from former President Joe Biden. Hawley pointed to an 1896 Supreme Court ruling, Brown v. Walker, which established that a witness granted statutory immunity from prosecution cannot refuse to testify on Fifth Amendment grounds. Fauci, 85, responded to nearly every question, including basic factual inquiries, by reciting the same boilerplate invocation of his right against self-incrimination.
Hawley began his questioning by asking Fauci simple, non-incriminating questions such as what day of the week it was and what color tie he was wearing. In each instance, Fauci declined to answer, repeating his Fifth Amendment claim. Hawley then cited the Brown v. Walker precedent, noting that a witness who has been pardoned or granted immunity loses the protection of the Fifth Amendment because the legal danger no longer exists. Hawley told Fauci, “You don't have any rights under the Fifth Amendment because you've been pardoned, as you very well know.” He added that the legal reality was likely why Fauci’s attorneys were “shifting nervously” behind him.
The hearing also saw Senator Rand Paul, the committee chairman, eject Fauci’s attorney David Schertler after the lawyer refused to take his assigned seat and remain quiet. Paul has long sought to hold Fauci accountable for his role in the COVID-19 pandemic, particularly regarding allegations that the National Institutes of Health funded gain-of-function research in China that may have sparked the outbreak. Paul accused Fauci of misleading Congress, destroying records, and eroding public trust in the nation’s pandemic response. He has called for contempt charges against Fauci and argued that the former president’s pardon would not shield him from congressional investigations.
Senator Bernie Moreno, Republican of Ohio, followed Hawley with a line of questioning designed to highlight the absurdity of Fauci’s blanket refusal to testify. Moreno asked Fauci to recite the text of the Fifth Amendment, but Fauci again invoked his right not to answer. Moreno then gave a copy of the Constitution to an aide and instructed him to bring it to Fauci to read, but Fauci again responded with the same invocation. “So you're invoking a right that you don't know who wrote it or what it says? Is that correct?” Moreno asked. Fauci did not answer. The exchange underscored the frustration of Republican lawmakers who believe Fauci is using the Fifth Amendment as a shield to avoid answering questions about his decisions during the pandemic.
Legal analysts noted that President Biden’s blanket pardon, issued in January 2025, covers Fauci for any offenses against the United States he may have committed, but does not protect him from perjury charges if he lies under oath after receiving the pardon. Fox News anchor Harris Faulkner discussed the legal implications, stating that the pardon does not cover state criminal prosecutions, future crimes, or congressional investigations. This means Fauci remains potentially vulnerable if he were to provide false testimony, though his refusal to answer any substantive questions has made it difficult for lawmakers to extract information about his actions during the pandemic.
The hearing has intensified calls from Republican senators for a contempt vote against Fauci. Paul has argued that Fauci’s conduct demonstrates a willful disregard for Congress’s authority and that the former official should be held accountable. Hawley echoed this sentiment, stating that Fauci’s actions “aren’t about the law” but about “contempt for this body and contempt for the American people.” The committee is expected to consider contempt proceedings in the coming weeks, which could lead to a criminal referral to the Department of Justice.
Democrats on the committee defended Fauci, arguing that he has already provided extensive testimony and documents about the pandemic response and that the hearing was a politically motivated exercise. They pointed to Fauci’s decades of public service and noted that his Fifth Amendment invocation, while unprecedented in its breadth, is a constitutional right. However, Republicans countered that the pardon renders that right moot and that Fauci’s refusal to answer even non-incriminating questions shows he is hiding something.
The confrontation between Fauci and Republican senators marks the latest chapter in the ongoing political battle over accountability for the COVID-19 pandemic. Fauci, who served as the face of the U.S. public health response under both Presidents Donald Trump and Joe Biden, has become a polarizing figure. The hearing has once again thrust him into the spotlight, with Republicans seeking to hold him responsible for policies they say were flawed and Democrats defending his record as an honest scientist navigating an unprecedented crisis. The outcome of the contempt push remains uncertain, but the hearing has already deepened the partisan divide over the government’s handling of the pandemic.