Dr. Anthony Fauci invoked the Fifth Amendment before Congress on Wednesday as the Republican-led Senate Homeland Security and Governmental Affairs Committee investigates the origins of the COVID-19 pandemic.
The hearing lasted nearly three hours, during which Fauci repeatedly declined to answer questions, invoking his constitutional right against self-incrimination dozens of times.
"On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment of the Constitution," Fauci repeatedly said.
The committee is led by Sen. Rand Paul, R-Ky., who is known for clashing with Fauci.
"Given Senator Paul's obvious obsession with calling for my prosecution, his repeated slanderous comments about me and recently his publicly releasing my unredacted personal diary aimed at embarrassing and intimidating me, the only conclusion I can reach is that the sole reason he is calling me before this committee is to get me to say something, anything, that could vindicate his repeated public pledges that I end up in his words, quote, behind bars, unquote," Fauci said.
The Fifth Amendment, part of the U.S. Constitution’s Bill of Rights, protects people from being forced to incriminate themselves. Over the years, members of Congress have sometimes used statements made during hearings to refer witnesses to the Department of Justice for possible false-statement charges.
Following Fauci's invocation of the Fifth Amendment, Paul said there would be consequences for Fauci not answering questions. He also said there could be a vote in the Senate next week to hold Fauci in contempt.
At the start of Wednesday's hearing, Paul wasted little time lambasting Fauci's approach to the COVID-19 pandemic, claiming that Fauci ordered staff to delete records and cover up evidence that the COVID-19 pandemic originated from a lab leak.
"Instead of an apology, you have for years avoided responsibility," Paul said.
After Paul finished his questioning, a lawyer representing Fauci was ejected from the hearing.
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Democrats within the room chided their Republican colleagues for their treatment of Fauci, who was compelled to appear due to a subpoena.
"Dr. Fauci has saved lives, as have public health officials in the United States and throughout the world. And today, we are demeaning and degrading their life-saving service. Republicans are eager to rebrand you as a villain in order to distract from their own failure to protect Americans from soaring health care costs," said Sen. Richard Blumenthal.
On Jan. 20, 2025, the final day of the Biden administration, President Joe Biden issued a preemptive pardon for Fauci, despite having never been charged with a crime.
Fauci was a leading figure in the United States’ response to COVID-19 under both President Donald Trump and Biden. He served as director of the National Institute of Allergy and Infectious Diseases from 1984 through the end of 2022. He also served as Biden’s chief medical adviser from the start of Biden’s term in 2021 through the end of 2022.
Ahead of Wednesday’s hearing, Paul released more than 1,100 pages of documents that include Fauci’s personal notes. The notes provide insight into Fauci’s thoughts as the pandemic unfolded.
Paul has argued the documents show Fauci knew COVID-19 originated in a lab in Wuhan, China, that received partial U.S. funding. Fauci has repeatedly said a lab leak is unlikely.
In 2025, the World Health Organization issued a report that listed a lab leak as one possible scenario, adding that how COVID-19 entered the human population “will remain inconclusive.” The report said zoonotic transmission — possibly from bats or an intermediate host to humans — was the more likely explanation.
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"I Inherited Fauci, who was there since the 1980’s, but with each passing day, relied less and less on him," Trump wrote Wednesday morning. "He made too many bad calls, like on MASKS. Remember at the beginning he was an anti-masker. He then switched to a super-masker. In any event I didn’t let him shut the Country down, although he wanted to. I went the Federalist way, and let the governors decide."
