BS BRIEF
- Sen. Rand Paul announced that his committee plans to vote next week on holding Dr. Anthony Fauci in contempt of Congress after Fauci invoked the Fifth Amendment throughout Wednesday’s hearing.
- Sen. James Lankford questioned whether Fauci’s opening statement before refusing questions mirrors the legal issues raised in the Lois Lerner IRS case, suggesting the committee should examine whether a witness can testify selectively.
- The hearing may have ended Wednesday, but Republicans are signaling that the legal fight over Fauci’s refusal to testify is only beginning.
RAND PAUL SIGNALS CONTEMPT VOTE AFTER FAUCI’S FIFTH AMENDMENT GAMBIT
The final minutes of Dr. Anthony Fauci’s marathon Senate hearing may have been the most consequential.
As lawmakers wrapped up hours of testimony, Sen. James Lankford (R-Okla.) raised a procedural question that could shape what happens next.
Pointing to former IRS official Lois Lerner’s 2013 congressional appearance, Lankford asked whether Fauci’s decision to deliver an opening statement before refusing to answer questions created the same legal issue.
“Is this consistent with Lois Lerner?” Lankford asked. “She gave an opening statement… and then refused to answer questions. Are we dealing with the same issue here where someone can make a statement and say, ‘I’m not going to make statements’ at the same time?”
Committee Chairman Rand Paul agreed the question deserved serious review.
“I think it’s a very good question. I think that’s something all of us will examine over the next week,” Paul responded.
Then came the headline. “We’re going to have a vote next week on contempt.“
Paul also revisited a point raised repeatedly throughout the hearing—that former President Joe Biden’s broad pardon may have stripped Fauci of any legitimate basis for invoking the Fifth Amendment.
“The president gave him blanket immunity for virtually anything he could have possibly done while at NIH,” Paul said.
“Dr. Fauci isn’t liable for anything as long as he tells the truth… Even if he admits he destroyed records on a routine basis… he can’t be prosecuted for it.“
Paul argued that if Fauci had simply answered truthfully—even if he admitted mistakes or wrongdoing covered by the pardon—he would face no criminal jeopardy.
“All he had to do today, if he wanted to testify, was be honest.“
The Kentucky Republican acknowledged the constitutional questions may ultimately have to be resolved by the courts but made clear the committee intends to move forward.
“There will be a vote… right now we plan to have a vote next week on contempt.“
