On May 13, former immunologist Anthony Fauci, 85, appeared before the Republican-controlled Senate Homeland Security and Governmental Affairs Committee. During a tense hearing, he repeatedly declined to answer questions, invoking his Fifth Amendment right under the U.S. Constitution.
In his opening statement, Fauci said invoking the Fifth Amendment was “painful” for him, but he feared that Senator Rand Paul (R-Ky.) might twist his words to seek criminal prosecution. “The only reason he has brought me before this committee is to pressure me to say something, anything, that can vindicate his repeated public promises that I will end up, in his words, ‘behind bars,’” Fauci said.
Fauci led the National Institute of Allergy and Infectious Diseases during the COVID-19 pandemic that erupted in late 2019 and early 2020. He became chief medical adviser to President Joe Biden after leaving the first Trump administration and retired in 2022.
Senator Rand Paul, who subpoenaed Fauci in June, accused him of funding research into virus variants in China and concealing his role in the pandemic’s origins. “I hope today Dr. Fauci will be honest and acknowledge that it was a mistake to fund research in China,” Paul said. Other Republican senators, including Josh Hawley of Missouri, also criticized Fauci for dodging questions.
However, invoking the Fifth Amendment does not imply guilt or innocence; it is a constitutional mechanism protecting individuals from being forced to provide self-incriminating testimony if they have a reasonable fear of prosecution. Experts say this decision helps Fauci avoid calls for prosecution on perjury charges.
Most U.S. health experts support Fauci. In an open letter in early May, more than 150 scientists and infectious-disease specialists wrote that “there is no credible evidence” supporting accusations that Fauci hid the pandemic’s origins. A Republican-led subcommittee investigating COVID-19 origins in 2024 also found no evidence linking Fauci to wrongdoing.