{"id":1239,"date":"2026-07-30T08:39:24","date_gmt":"2026-07-30T08:39:24","guid":{"rendered":"https:\/\/nationallogisticspost.com\/?p=1239"},"modified":"2026-07-30T08:39:24","modified_gmt":"2026-07-30T08:39:24","slug":"anthony-faucis-fifth-amendment-strategy-may-not-end-the-investigation","status":"publish","type":"post","link":"https:\/\/nationallogisticspost.com\/?p=1239","title":{"rendered":"Anthony Fauci\u2019s Fifth Amendment Strategy May Not End the Investigation"},"content":{"rendered":"
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W<\/span>atching the reactions to Wednesday\u2019s \u201cI Take The Fifth\u201d Senate hearing starring Dr. Anthony Fauci was a good bit more illuminating than was the actual hearing.<\/p>\n

Read more The Spectacle Ep. 446: Rubio Exposes Cuba\u2019s Commie Exports in the US<\/a><\/p>\n

I\u2019m going to assume that\u2019s an uncontroversial take \u2014 after all, with Fauci invoking the Fifth Amendment some 111 times, even to questions like \u201cwhat day of the week is it,\u201d \u201cwhat color is your tie,\u201d and \u201cwhat color is the carpet in front of you,\u201d the informational value of the hearing itself was close to zero.<\/p>\n

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And remember, that pardon only covers Fauci\u2019s conduct through last January. Once he\u2019s forced to testify \u2026 anything he says is fair game for examination as perjury.<\/p>\n<\/blockquote>\n<\/div>\n

And this, after Fauci opened the hearing with a statement whining about Sen. Rand Paul, who chaired the Senate Committee on Homeland Security and Governmental Affairs at whose hearing the cat got Fauci\u2019s tongue, and his \u201cobsession\u201d with prosecuting the architect of our collective COVID nightmare.<\/p>\n

But that alone has some value, and a lot of the people, particularly on the Right, who are grousing that dragging Fauci in front of Senate hearings to berate him about subjects he refuses to engage on doesn\u2019t do any good may not quite see it. So accept this column as an attempt at illumination.<\/p>\n

The most obvious consequence of the 111 instances of Fauci\u2019s taking the Fifth is a contempt-of-Congress charge, and Paul made prodigious mention of that possibility.<\/p>\n

Also, as Florida senator Ashley Moody, who had been the state\u2019s Attorney General, noted that it\u2019s possible he could be in legal jeopardy from state prosecutions.<\/p>\n

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\ud83d\udea8 IT\u2019S OFFICIAL: Dr. Fauci will not only face a CONTEMPT vote by the Senate committee but now a FLORIDA AG investigation at the state-level \u2014 BOTH go around the pardon<\/p>\n

SEN. ASHLEY MOODY: \u201cI had to litigate to open back up entire industries and win in court. Everything we did to\u2026 pic.twitter.com\/COLVhlPwR7<\/p>\n

\u2014 Eric Daugherty (@EricLDaugh) July 29, 2026<\/p>\n<\/blockquote>\n

To be honest, though, the state-prosecutions angle is a tough one to make work. There aren\u2019t a lot of readily-available state criminal laws which would adhere to Fauci\u2019s conduct, coming as it did from his official capacity as head of the National Institute for Allergy and Infectious Disease now as much as six-plus years ago. The things which appear to have been illegal and not made nugatory as crimes by the statute of limitations would pretty much all be federal laws.<\/p>\n

But there is another path to legal problems for Fauci. It\u2019s one that Judge Andrew Napolitano noted on his podcast, in a clip I saw scrolling through Facebook which has disappeared into the ether. And it goes like this.<\/p>\n

First, Paul\u2019s committee votes to authorize a civil action. This doesn\u2019t stop them from also voting for a criminal contempt referral. Upon the civil action vote, the Senate committee\u2019s counsel can go to federal district court and file suit seeking an order compelling Fauci to testify. You don\u2019t see a \u201ccivil enforcement of subpoena\u201d writ as often as you do a contempt referral \u2014 Steve Bannon and Peter Navarro can attest to that fact \u2014 but that writ is actually faster and cleaner as a means of compelling Fauci to answer those questions.<\/p>\n

The problem with the contempt-of-Congress route is that it has to run through the Department of Justice. And while we assume DOJ would act on that referral, we can also assume that would be a very slow process. With this, Paul\u2019s committee would be able to cut to the main issue very quickly.<\/p>\n

Litigating the order to compel Fauci\u2019s testimony and force him to stop invoking the Fifth Amendment gets interesting right away. The Fifth only holds as a protection against the committee\u2019s subpoena where Fauci has a reasonable fear of prosecution. If Biden\u2019s pardon is worth the paper it\u2019s printed on, then there is no self-incrimination argument and Fauci has to testify.<\/p>\n

What would be highly interesting is if Fauci\u2019s lawyers were to argue that Biden\u2019s pardon of their client is problematic based on the fact it was an autopen pardon from a non compos mentis<\/em> president \u2014 my characterization, obviously, but theirs would have to read somewhat similarly. That would be their most direct defense of his Fifth Amendment privilege, but it would also be politically devastating for the Democrats, and at that point it would start to be interesting to see who might turn on him. I am not suggesting they would do this, but it\u2019s conceivable \u2014 especially if Camp Fauci thinks that his contradictory statements put him at a greater disadvantage than does his underlying conduct.<\/p>\n

Read more Artificial Intelligence\u2019s Bias Is a Conservative Problem<\/a><\/p>\n

Either way, in this scenario, you get a ruling from the judge, and the wheels begin to turn. Clearly, Fauci\u2019s Fifth Amendment invocation isn\u2019t appropriate when Sen. Josh Hawley asks what color his tie is, so there is almost certainly going to be a ruling compelling some testimony not covered by Fifth Amendment privilege. It\u2019s a decent bet that a judge, either at the district court level or somewhere much higher up the judicial food chain, will rule that Fauci has to testify.<\/p>\n

And after Wednesday\u2019s struggle session, in which senator after senator \u2014 at least on the Republican side \u2014 lit into Fauci with the strongest possible language, and I mean that without any limits at all, given that Sen. Bernie Moreno of Ohio actually dropped an F-bomb on Fauci in rebuking him for the arrogance displayed in his diaries and actions as head of NIAID, you can imagine another bite at that apple would be very unappetizing for Fauci.<\/p>\n

But here\u2019s where the civil route gets ugly for him. Once a federal judge has ordered Anthony Fauci to testify, if he goes into that next hearing and starts taking the Fifth on questions within the scope of the judge\u2019s ruling, that is now civil contempt of court, not just contempt of Congress. Civil contempt of court gets him corrective sanctions, like fines he\u2019ll accrue every day he doesn\u2019t cure the contempt by answering honestly, or even Fauci potentially getting himself locked up.<\/p>\n

And remember, that pardon only covers Fauci\u2019s conduct through last January. Once he\u2019s forced to testify, assuming somebody along the judicial chain rules that the pardon grants him immunity from prosecution, anything he says is fair game for examination as perjury. Lying to Congress under an order to testify puts Fauci\u2019s cheese in the wind in a major way.<\/p>\n

This is a real problem for him, by the way, because he\u2019s lied repeatedly to Congress \u2014 at least, according to those 1,100 pages of a diary he kept on government computers like an absolute blithering imbecile which Paul was able to get his hands on and promptly released to the public.<\/p>\n

Naturally, that was the thing Fauci appeared most exercised about when he gave his little petulant monologue before clamming up. Given what\u2019s in that diary, almost 20 percent of which is Fauci bragging about the famous people he was rubbing elbows with, complaining about Paul\u2019s disrespect in releasing a public record just seemed 100 percent on brand.<\/p>\n

Don\u2019t think for a second that people won\u2019t notice this. That hearing was an absolute, unmitigated disaster for the Senate Democrats, and if you want to see the definition of \u201cthey don\u2019t know what time it is,\u201d go and watch the tongue-bath that Dick Blumenthal and Maggie Hassan tried to give Fauci amid the carnage of that hearing.<\/p>\n

Finally there\u2019s one other lever that could drag Fauci into another disastrous hearing, this time with no protections at all from the Fifth Amendment. The Senate could vote to grant Fauci formal use immunity for any actions he took as part of his job performance at NIAID and then subpoena him to come back to the Committee on Homeland Security and Governmental Affairs for a full tell-all session that gets watched awfully closely for any departure from full, maniacal candor and veracity.<\/p>\n

That vote would look like a capitulation by the Senate GOP. Don\u2019t think of it that way if you see it. It would be a way to put Fauci on the rack with no protections from the infamy of history \u2014 or a massive legal exposure for perjury.<\/p>\n

Because he can\u2019t exactly go in and testify that his diary is a lie. And the diary exposes him for things he\u2019s said both publicly and under oath in front of previous committee hearings. It\u2019s the classic case of, \u201cSo when were you lying, Dr. Fauci?\u201d from which there is no escape.<\/p>\n

If you\u2019re a regular reader of this column or TAS<\/em> in general, chances are you won\u2019t be happy with much other than prosecuting Fauci for the core conduct of his which damaged millions of lives on \u2014 at minimum \u2014 bad science and even worse ethics. But remember, the feds took down Al Capone on tax evasion. We\u2019ll get all the justice we can out of this and, if we\u2019re smart, check it off our to-do list.<\/p>\n

Of course, your other dismissal might be that you don\u2019t think the Senate Republicans have the stones to actually do any of what\u2019s outlined above. And that certainly remains to be seen, I agree. But that\u2019s one reason why senators have phones you can call.<\/p>\n

READ MORE from Scott McKay:<\/strong><\/p>\n

The Dangerous Precedent Behind the Shiloh Hendrix Verdict<\/strong><\/p>\n

Oprah: The High Priestess of American Cultural Malaise<\/strong><\/p>\n

The Castroist Playbook Comes to America<\/strong><\/p>\n

Be sure to watch for Scott McKay\u2019s newest Mike Holman novel <\/em>The Necessary Men, which will serialize beginning next month here at <\/em>The American Spectator.<\/em><\/strong><\/p>\n

Read more Fauci Pleads the Fifth Before Congress<\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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