Why did Anthony Fauci invoke Fifth Amendment despite Joe Biden’s pardon?

Subpoenaed to testify under oath by Sen Rand Paul, Dr Anthony Fauci repeatedly refused to answer questions from lawmakers
Dr Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases (NIAID), invoked his Fifth Amendment right against self-incrimination during a Republican-led Senate hearing examining the origins of Covid-19 and the US go
Dr Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases (NIAID), invoked his Fifth Amendment right against self-incrimination during a Republican-led Senate hearing examining the origins of Covid-19 and the US go

WASHINGTON, DC: Dr Anthony Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times during a tense three-hour Senate hearing on July 29, declining to answer nearly every question put to him by the Republican-led Homeland Security and Governmental Affairs Committee about the origins of Covid-19 and his handling of the pandemic.

The refusal drew immediate pushback from GOP lawmakers, who argued Fauci had no legal basis to invoke the privilege in the first place. Sen Josh Hawley told Fauci directly that he had "no rights under the Fifth Amendment" because former President Joe Biden granted him a sweeping preemptive pardon in the final hours of his term, a pardon Republicans say erases any real risk of prosecution, and with it, any legitimate claim to silence.

Sen. Josh Hawley, R-Mo., speaks as Dr. Anthony Fauci appears before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington. (AP Photo/Allison Robbert)
Sen Josh Hawley, R-Mo, speaks as Dr Anthony Fauci appears before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington (AP Photo/Allison Robbert)

Does a presidential pardon ‘cancel’ the Fifth Amendment?

The GOP’s argument isn’t just pulled out of thin air.

Former NIH Director Anthony Fauci listens during a hearing with the Senate Homeland Security and Governmental Affairs Committee on July 29, 2026 in Washington, DC. Fauci declined to answer questions from the committee asserting his fifth amendment right during the hearing. (Photo by Anna Moneymaker/Getty Images)
Former NIH Director Anthony Fauci listens during a hearing with the Senate Homeland Security and Governmental Affairs Committee on July 29, 2026 in Washington, DC. Fauci declined to answer questions from the committee asserting his fifth amendment right during the hearing (Photo by Anna Moneymaker/Getty Images)

It actually goes back to the 1896 Supreme Court case Brown v Walker.

In that decision, the justices said if you’ve been granted full immunity for a crime, you can’t use the Fifth Amendment to avoid testifying about that crime anymore.

Their reasoning is pretty straightforward: the Fifth Amendment protects people from saying things that could get them into trouble, but if you’re already protected, if the law says you can’t be prosecuted for that offense, then you don’t have anything to worry about.

As the Court put it back then, once you’ve got a full pardon or immunity, you’re in the same position as if you’d never committed the crime at all.

That precedent is the foundation Sen Rand Paul and other Republicans are leaning on, arguing Fauci's broad pardon should have stripped him of any Fifth Amendment cover for his pandemic-era conduct.



Here's why Anthony Fauci can still take the Fifth Amendment

The trouble for that argument is that Biden's pardon has real limits, and legal experts say those limits are exactly what Fauci's team is relying on.

NEW YORK, NEW YORK - MARCH 23: Former U.S. President Joe Biden poses at the opening night of
Former US President Joe Biden poses at the opening night of 'Othello' on Broadway at The Barrymore Theatre on March 23, 2025 in New York City (Photo by Bruce Glikas/WireImage)

On January 19, 2025, Biden granted Fauci a full and unconditional pardon covering any federal offences he may have committed since 2014, saying the move aimed to protect Fauci from “politically motivated prosecutions”.

Sen. Rand Paul, R-Ky., speaks as Dr. Anthony Fauci appears before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington. (AP Photo/Allison Robbert)
Sen Rand Paul, R-Ky, speaks as Dr Anthony Fauci appears before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington (AP Photo/Allison Robbert)

The pardon does not cover actions taken after it was issued. Fauci could face legal consequences if he were accused of committing a new crime, such as making false statements under oath during Wednesday’s Senate hearing.

The pardon applies to any offenses connected to Fauci’s government work from 2014 up to January 19, 2025.

After that date, he’s on his own; anything he says or does isn’t covered. That’s a big deal.

If Fauci testifies on Wednesday and prosecutors later find out his words don’t match what he wrote in his diary or said before, that opens the door for a new perjury charge, one based on acts from 2026, untouched by the original pardon.

Dr. Anthony Fauci, left, arrives to appear before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington. (AP Photo/Allison Robbert)
Dr Anthony Fauci, left, arrives to appear before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington. (AP Photo/Allison Robbert)

CNN legal analyst Elie Honig pointed out that Fauci can still plead the Fifth because he’s still exposed to charges outside of the pardon’s reach. And he is.

There's also a jurisdictional gap: presidential pardons only reach federal crimes. They offer no protection against a state-level prosecution, and Florida's attorney general has already opened an inquiry into Fauci following the hearing.

Fauci's lawyers have framed the hearing itself as a trap, with Fauci telling the committee he believed Paul's goal was to "get me to say something, anything" that could be twisted into a case against him.

What happens next?

Paul says the committee plans to vote next week on whether to hold Fauci in contempt of Congress for not answering their questions.

Dr. Anthony Fauci is sworn in before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington. (AP Photo/Allison Robbert)
Dr Anthony Fauci is sworn in before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington (AP Photo/Allison Robbert)

But let’s be clear, contempt doesn’t equal an automatic conviction. The full Senate would need to vote before sending anything to the Justice Department.

Paul has acknowledged the underlying legal question of whether a pardoned witness can invoke the Fifth is one "the courts may have to decide." For now, Fauci's silence stands, and so does the fight over whether it's allowed to.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Donald Trump addressed supporters in Durant as he launched a series of rallies in Republican states ahead of the 2026 midterm elections
17 minutes ago
JD Vance also acknowledged that the results of the November midterm elections could shape his own thinking about a potential 2028 run
27 minutes ago
Chief Judge Stanley Bastian ruled for Roger Rogoff after Trump removed him as court-appointed US attorney in Washington
7 hours ago
Vice President JD Vance made the remark after a heckler was removed while he campaigned for Florida Republicans
8 hours ago
President Donald Trump said he rejected a suggestion from the Secret Service to demolish the Oval Office and build a new one
9 hours ago
The Pentagon is moving additional forces to the Middle East as US-Iran tensions remain unresolved, as per WSJ report
9 hours ago
President Donald Trump issued the warning as Iran and the US continued their efforts to reach a deal
10 hours ago
After returning to power in 2025, Trump reinterpreted a 1990s immigration law to require mandatory detention without bond hearings for people in the US illegally
10 hours ago
Trump said SCOTUS picks Gorsuch, Kavanaugh and Barrett had opposed his policies too often in cases involving tariffs, ballots and foreign aid
11 hours ago
Senate Minority Leader Chuck Schumer faced opposition from Democratic nominees in Maine and Michigan over his bid for leadership
12 hours ago