Anthony Fauci invokes Fifth Amendment in testimony about Covid and Senator Rand Paul criticizes decision

Dr. Anthony Fauci refused to answer questions from senators at a hearing, held on July 29, 2026, on the origins of Covid and the government’s management of the pandemic. He said he would invoke his Fifth Amendment right to avoid a possible charge of perjury by Republicans who could use his testimony.

The unexpected decision sparked controversy in the session, which was already predicted to be heated due to previous public clashes between Fauci and the committee chairman, Senator Rand Paul (R-Kentucky).

During his opening statement to the Senate Homeland Security and Governmental Affairs Committee, Fauci criticized Senator Paul, citing his “obvious obsession with calling for my indictment,” his “repeated slanderous comments,” and the public release of the doctor’s personal diary.

“The only conclusion I can draw is that the only reason he is calling me before this committee is to get me to say something — anything — that might validate his repeated public promises that I would end up, in his words, ‘behind bars,'” Fauci said.

He went on to say that “any reasonable person who has followed your uncontrolled obsession with me would easily reach the same conclusion.” Fauci then explained that, “although it pains me to do so, because of the respect I have for the Legislature and my decades-long record of cooperation with Congress, on the advice of my lawyers, I will invoke my right under the 5th Amendment to the Constitution to refrain from answering your questions.”

Fauci also emphasized his extensive record of appearances before House and Senate committees. He stated in his opening remarks that over his nearly 40 years as director of the National Institute of Allergy and Infectious Diseases, he has testified or briefed congressional committees “more than 200 times,” demonstrating his commitment to legislative oversight and making his current refusal a notable departure from his usual pattern.

Despite Fauci’s refusal to respond, Paul used his time at the hearing to direct a series of questions at the doctor.

Fauci responded to each question with the same boilerplate sentence: “On the advice of my attorney, I respectfully decline to answer based on my rights guaranteed by the 5th Amendment of the Constitution.”

At the end of his interrogation, Paul warned Fauci that he would face “repercussions” for his refusal to answer questions.

“The committee will have to consider, following this hearing, what appropriate action should be taken against you for your failure to testify after being instructed to do so,” Paul said. He added: “It is against the law to obstruct a Congressional investigation. There will be repercussions for your refusal to testify today.”

At the end, Fauci’s lawyer tried to intervene with lawmakers, but was repeatedly interrupted by Paul, who claimed he was not allowed to speak. Paul then instructed security to remove Fauci’s lawyer from the committee room.

Shortly after being removed, Fauci’s attorney stated that his client “possesses a valid Fifth Amendment privilege and has the right to invoke it.”

“That’s what I was trying to tell the committee, and that’s all I was trying to tell the committee,” the lawyer said.

The committee’s top Democrat, Senator Gary Peters (D-Michigan), sharply criticized the Republican handling of the hearing, declaring during his questioning that the session “does real harm.”

“It’s tempting to make a single person the scapegoat for a crisis that hundreds of officials from both the Trump and Biden administrations were responsible for managing,” Peters said, warning that people were receiving death threats.

He added that “this, unfortunately, will only deter other scientific experts from public service from understanding what they would have to go through in providing us with their advice.”

Before the hearing, Paul had mentioned the possibility of Fauci being prosecuted for perjury if he had lied to Congress. Paul has previously alleged that Fauci lied to Congress, an accusation Fauci has denied.

Earlier, Paul responded to a reporter’s question about how he would react to those who argued that the senator was trying to put Fauci in a position to commit perjury.

“There is no risk of perjury if you tell the truth,” Paul said. He continued: “In fact, he might even admit to not telling the truth in the past. He might admit to destroying records. He might admit, you know, not adequately presenting both sides of the equations, which really isn’t a crime. He can admit to anything. The one thing he can’t do is lie again.”

Former President Joe Biden granted a preemptive pardon to Fauci in the final hours of his administration, an important context that suggests anticipation of possible legal action. At the time, Fauci declared that he had been “the target of politically motivated threats of investigation and prosecution”, insisting that he “committed no crime”.

In response to a previously asked question about whether he believed Fauci should be prosecuted, Paul stated, “I think there are some questions,” and added that “we’ll find out” at the hearing. Paul mentioned Fauci’s pardon and raised the possibility that it could be challenged.

“Whether that will be challenged, I don’t know,” Paul said.

Fauci’s attorney, David Schertler, said in a statement that the circumstances surrounding his client’s appearance “regrettably made his continued cooperation impossible.”

Schertler stated that Paul has demonstrated “an intense and apparently pathological course of retribution, revenge and obsession with Dr. Fauci,” which has resulted in threats and harassment against the doctor and his family.

“Dr. Fauci has dedicated his long career to saving millions of lives globally through scientific discovery and sound public health policy,” Schertler said in the statement. “The accusations President Paul continues to spread are false and shameful, and we will examine all options to hold him accountable.”

Before the hearing, Paul had told reporters that he believed Americans “would be very disappointed” if Fauci invoked his Fifth Amendment privileges.