Fauci invokes the Fifth Amendment and declines to testify in GOP-led Senate panel’s COVID-19 hearing

WASHINGTON (AP) — Dr. Anthony Fauci on Wednesday repeatedly invoked the Fifth Amendment and declined to answer dozens of questions from senators in a Republican-led committee hearing about his handling of the COVID-19 pandemic.

The decision, at least for now, sidesteps calls for his prosecution if he is accused of lying at the hearing, part of a yearslong campaign for his arrest spearheaded by some Republicans in Congress. Though the now-retired infectious-disease expert received a presidential pardon from Democratic President Joe Biden, critics have suggested he could still face charges if he perjures himself under oath.

In response to angry, sometimes mocking, questions from Republican senators, Fauci declined to answer more than 50 times, injecting new drama into partisan divides that have festered for years about the origins and handling of the pandemic.

Fauci, who helped lead the nation’s COVID-19 response, has long been a target of those frustrations. But to his supporters he is an emblem of sound scientific expertise.

The scientist had been subpoenaed to appear before the committee by Republican Sen. Rand Paul of Kentucky, who has long had a fraught relationship with Fauci and led the charge seeking that he testify, again, under oath.

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In his opening statement, Fauci said Paul has an “obvious obsession with calling for my prosecution.”

“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, adding that while it pains him to do so, he is following his attorney’s advice by taking the Fifth.

Paul releases some of Fauci’s diary

Paul on Wednesday sought to build the case that Fauci helped produce the COVID-19 pandemic by approving funding of research on virus mutations and then covered up his complicity.

Democratic members of the committee said the hearing was a backward-looking and politically motivated attempt at entrapping Fauci, and they used it instead as a platform to criticize the Trump administration’s healthcare policies.

Leading up to the hearing, Paul released more than 1,000 pages of Fauci’s personal diary covering the pandemic years. Pointing to some notes about early efforts at understanding how the virus emerged, Paul said on social media that what Fauci “wrote privately and what he told the country are two different stories.”

Some of the diary entries – including Fauci’s uncertainty in the pandemic’s earliest days as scientists around the world raced to understand the new virus and how best to curb it before vaccines could be created – already were reflected in a 2024 memoir and in interviews at the time.

But they have nonetheless drawn attention from people who blame Fauci for mask mandates, school closures and other policies they believe infringed on their rights as hundreds of thousands of people were dying.

Earlier Wednesday, President Donald Trump wrote on social media that he stopped relying on Fauci over the course of the pandemic because he felt the scientist made bad decisions on masks, shutdowns and other issues.

In one heated moment of the hearing, Paul ejected Fauci attorney David Schertler from the room after he tried to speak without being recognized. In a statement, Schertler said the removal was “outrageous and demonstrates the completely biased and baseless nature of this proceeding.” In another statement, he called Paul’s accusations about Fauci “false and disgraceful.”

Health Secretary Robert F. Kennedy Jr., a longtime anti-vaccine activist before he entered public office, said Monday that his department gave the diary entries, which were created on a government computer, to the committee. He told a Fox News Channel host that he thought Fauci might lie before the committee, opening him to perjury prosecution.

Paul told Fauci that he may still face repercussions for obstructing a congressional investigation by refusing to testify. That could include a contempt of Congress citation, which would be referred to the Justice Department for consideration.

Democrats and dozens of disease experts defend Fauci

Democratic senators praised Fauci and said he didn’t deserve the treatment he was getting.

“This hearing is designed to entrap you,” said Sen. Maggie Hassan of New Hampshire.

Scientists also scrambled to Fauci’s defense ahead of the unusual hearing — the second time the longtime National Institutes of Health scientist has been back before Congress to discuss pandemic origins since leaving the government in 2022. While the COVID-19 pandemic introduced him to millions of Americans, he talked the nation through numerous outbreaks over decades, including HIV, Ebola and the 2001 anthrax attacks, while advising seven presidents.

In a public letter, more than 150 infectious-disease experts and other scientists wrote that “no credible evidence has been produced to support these absurd charges” and that they are “urging our elected representatives in Congress stop these witch-hunts.”

Among topics discussed at Wednesday’s hearing was whether NIH-funded research in China may have played a role in how the pandemic started.

Many scientists believe the virus most likely emerged in nature and jumped from animals to people, coming to light when it spread at a wildlife market in the Chinese city of Wuhan. There’s no new scientific information supporting that the virus might instead have leaked from a laboratory, a theory Paul champions. A GOP-led subcommittee that studied the question in 2024 did not find any evidence linking Fauci to wrongdoing.

Fauci has long said publicly that he was open to both theories but that there’s more evidence supporting COVID-19’s natural origins.

Republicans also have accused Fauci of lying about whether his agency funded what’s known as gain of function research — the practice of enhancing a virus in a lab to study its potential real-world impact — at a lab in Wuhan.

The NIH for years gave grants to a New York nonprofit called EcoHealth Alliance, which used some of the funds to work with a Chinese lab studying coronaviruses commonly carried by bats. But the definition of gain of function covers both general research and especially risky experiments to enhance the ability of potential pandemic viruses to spread or cause severe disease in humans. Fauci has previously stressed he was using the risky experiment definition and that “it would be molecularly impossible” for those bat virus experiments to have turned into the pandemic virus.

Trump, a Republican, last year paused some federally funded gain of function research, and on Tuesday his administration announced new rules to tighten oversight.

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Swenson reported from New York.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

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