Former National Institute of Allergy and Infectious Diseases Director Anthony Fauci repeatedly invoked his Fifth Amendment rights during a Senate Homeland Security and Government Affairs Committee hearing on Wednesday, refusing to answer basic questions from lawmakers.
Republican senators challenged the 85-year-old immunologist's legal basis for claiming protection against self-incrimination, citing a prior presidential pardon that covers federal offenses and nullifies Fifth Amendment protections regarding past conduct.
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Missouri Republican Senator Josh Hawley directly questioned Fauci's refusal to answer simple administrative details during the session.
"Doc, let's try something," said Hawley.
Hawley proceeded to test Fauci's stance by asking basic factual questions regarding his surroundings and schedule.
"What day of the week is it today?" asked Hawley.
Fauci declined to answer, providing a boilerplate invocation of his Fifth Amendment rights.
"What color tie are you wearing?" asked Hawley.
Fauci again declined to answer, invoking the Fifth Amendment once more.
Hawley cited the 1896 Supreme Court precedent Brown v. Walker, which established that witnesses granted immunity cannot invoke the Fifth Amendment to avoid testimony.
"Let's just get one thing straight.
You don't have any rights under the Fifth Amendment because you've been pardoned, as you very well know," said Hawley.
During the exchange, Hawley noted the visible reactions of the legal team seated behind the former agency director.
"This isn't about the law. This is about contempt, contempt for this body and contempt for the American people," said Hawley.
