Fauci takes the Fifth, but his lawyer's next move sends hearing off the rails

WASHINGTON, DC: Dr Anthony Fauci repeatedly invoked his Fifth Amendment right against self-incrimination during a dramatic Senate hearing on Wednesday, July 29, refusing to answer questions about Covid-19 after accusing committee Chairman Rand Paul of pursuing a years-long effort to prosecute him.

But the extraordinary proceeding soon escalated beyond Fauci's refusal to testify.

His attorney, David Schertler, attempted to intervene during Paul's questioning, setting off a heated confrontation that culminated in Paul ordering security to remove the lawyer from the hearing room.

It was a remarkable moment for Fauci, who has appeared before Congress more than 250 times but had never previously invoked the Fifth Amendment.

Anthony Fauci repeatedly invokes the Fifth

Fauci appeared under subpoena before the Senate Homeland Security and Governmental Affairs Committee, where Paul sought answers about Covid's origins, federally funded research and statements Fauci previously made to lawmakers.

Fauci explained in his opening statement that he was invoking his constitutional right because of what he described as Paul's "obvious obsession with calling for my prosecution."

Paul nevertheless continued questioning him. Fauci repeatedly declined to respond, even when the Kentucky Republican asked seemingly basic questions, including whether there was a folder sitting in front of him.

The unusual exchange effectively prevented the substantive back-and-forth Republicans had sought.

Rand Paul revives years-long Covid battle

At the heart of the hearing was the bitter dispute between Paul and Fauci over research funded by the National Institutes of Health and whether US taxpayer dollars supported gain-of-function research in Wuhan, China.

Fauci has repeatedly denied that NIH funded gain-of-function research there under the government's operative definition, while Paul has accused him of misleading Congress.

Ahead of Wednesday's hearing, Paul released roughly 1,100 pages from Fauci's diary covering the pandemic years.

The stakes were heightened by former President Joe Biden's preemptive pardon of Fauci before leaving office.

Paul argued that while the pardon may shield Fauci from prosecution over earlier conduct, it does not prevent Congress from investigating what happened or potential legal exposure arising from new testimony.

Anthony Fauci's lawyer clashes with Rand Paul

Then came the hearing's most explosive moment.

Schertler, who had been sitting behind Fauci, moved toward the witness table and attempted to speak into a microphone during Paul's questioning.

"You're not recognized," Paul repeatedly told him.

Paul said Schertler had already been instructed that he was not invited to testify and warned him to stop interrupting.

Democratic Sen Gary Peters asked Paul to allow the attorney to speak, but the chairman refused.

As Schertler continued attempting to intervene, Paul compared his behavior to conduct that could draw punishment from a judge in a courtroom.

Security escorts attorney from hearing

The confrontation finally reached its breaking point when Paul called security.

"Security, please remove him from the room," the senator ordered.

Schertler was subsequently escorted out while Fauci remained at the witness table. Paul noted that Fauci still had other attorneys present to advise him.

Afterward, Schertler explained that he had been attempting to tell the committee that Fauci had a valid Fifth Amendment privilege and was entitled to invoke it.