RESOLVING THE LEDGER
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See the full story · 18 sourcesWhat was billed as a battle of wits between Sen. Rand Paul, R-Ky., and Dr. Anthony Fauci, with the lawmaker determined to uncover the former COVID-19 explainer-in-chief’s motivations during the pandemic, became a one-sided affair in the Senate.
Paul has for years sought to uncover Fauci’s alleged role in funding "risky" research in China that Republicans say sparked the pandemic in 2020. He has argued that Fauci should be thrown in prison, and that the former chief medical advisor to the president’s pardon from former President Joe Biden wouldn’t hold up.
But the highly anticipated back and forth, which was further stoked by Paul dumping over 1,000 pages of Fauci’s diary online before the hearing, didn’t go exactly as planned.
The hearing kicked off with an impassioned opening statement from Paul, who accused Fauci and the National Institutes of Health (NIH) of funding gain-of-function research for years, misleading Congress and destroying records, which he contended created a fracture in public trust over the nation’s COVID-19 response.
"That loss of trust may be your most damaging legacy," Paul said. "Trust can't be ordered. It has to be earned. No scientist is above scrutiny. No government official beyond accountability, and no public servant preferred version of history."
RAND PAUL SEEKS CONTEMPT CHARGES AFTER FAUCI INVOKES FIFTH AMENDMENT MORE THAN 100 TIMES
But Fauci, under guidance from his lawyers, opted against answering any questions from Paul or others on the committee.
He argued that Paul's "obvious obsession" with pushing for his prosecution, levying allegations against him, and dumping his unredacted diary was designed 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."
"Although it pains me to do so because of the respect I have for the legislative branch of government, and my decades-long record of cooperating with Congress under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions," Fauci said.
It wasn’t long after Fauci invoked the Fifth Amendment that tensions flared in the hearing.
After being repeatedly asked questions, and repeatedly turning to his constitutional shield, Paul declared that as chair of the committee, he was denying Fauci’s right to invoke the Fifth Amendment.
"It's against the law to obstruct an investigation of Congress," Paul said. "There will be repercussions to your refusal to testify today."
WATCH: RAND PAUL SAYS THERE'S ONE THING AMERICANS HAVE NEVER HEARD FROM FAUCI
Then Fauci’s lawyer, David Schertler, spoke up to remind Paul it was Fauci’s constitutional right to turn to the Fifth Amendment.
Paul reminded Schertler that neither he, nor the "half dozen" lawyers with Fauci were recognized by the committee. That prompted Sen. Gary Peters, D-Mich., the top Democrat on the panel, to push for Schertler to speak.
But Paul was not having it.
"This is the way Anthony Fauci wants to be remembered — for a lawyer not listening to the rules," Paul said. "That's the way you want to be remembered, and that's what you're going to do. You are not recognized, sir. Security, please remove him from the room."
The hearing chugged along at roughly the same pace — lawmakers would ask Fauci a question, then he would invoke the Fifth Amendment.
But that didn’t stop some on the panel from getting frustrated at his lack of forthrightness.
Sen. Bernie Moreno, R-Ohio, noted that Schertler was a well-known lawyer who previously represented former Sen. Bob Menendez, who was sentenced for accepting gold bars and bribes in exchange for using his influence to benefit the Egyptian government.
WATCH: RAND PAUL SAYS FAUCI LOBBIED FOR $1M PRIZE WHILE LEADING COVID RESPONSE
"And there's an article here in the Washington Free Beacon that talks about why you would hire a guy like David Schertler. And the comment is, if you're in deep s---, that's who you call," Moreno said. "Do you feel like you're in deep s---?"
Fauci again declined to answer, which prompted a frustrated Moreno to tell him that his influence over policy during the pandemic in 2020 and the effect that it had on Americans pushed him to run for the Senate.
"Here I am sitting in front of you six years later saying, ‘Who the f— do you think you were for doing that? It is a total disgrace what you did to this country,’" Moreno said.
As the hearing wound down, Paul revisited his threat to hold Fauci accountable for declining to answer questions.
Paul announced that he would seek contempt charges against Fauci after he invoked his Fifth Amendment right against self-incrimination and teed up a vote in committee for next week.
"We're going to have a vote next week on contempt," Paul said. "I think there's another legal question that the courts may have to decide upon, and that is whether or not a presidential pardon offers you complete immunity."
Fauci never answered a question from any lawmaker on either side of the aisle, sticking to the advice from his lawyers to invoke the Fifth Amendment to protect himself from self-incrimination.
Before the hearing started, Paul and his staff were confident that Fauci wouldn't try to invoke the Fifth Amendment.
So confident, a source familiar with the matter told Fox News Digital, that several questions were prepared ahead of time, and members of the committee were told to come prepared.
In all, Fauci wound up uttering the same phrase 111 times: "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution."
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