Peters argues Fauci can’t be punished for pleading Fifth ahead of contempt vote

COVID czar Anthony Fauci cannot be prosecuted for asserting his Fifth Amendment rights in a recent hearing, Sen. Gary Peters (D-Mich.) wrote in a letter to colleagues, arguing the former government scientist’s pardon does not undermine his constitutional protections. 

The letter comes ahead of a Thursday vote in the Senate Homeland Security and Governmental Affairs Committee, when Chair Rand Paul (R-Ky.) will push to hold Fauci in contempt of Congress for failing to answer questions after he was subpoenaed to appear for a hearing last week. 

Fauci pleaded the Fifth 111 times during the hearing, refusing to answer a single question, noting in his opening statement that Paul has repeatedly called for his arrest.

Republicans, including Paul, have argued that a pardon Fauci received from former President Biden for his conduct before Jan. 19, 2025, means he faced no real risk from answering any questions.

But Peters, the ranking member on the panel, argued Fauci does not give up the constitutional protection afforded to all citizens simply because he also has a pardon.

“Those rights are not negated by the existence of a pardon,” he wrote in a letter to colleagues obtained by The Hill.

“A federal pardon does not eliminate an individual’s Fifth Amendment protection if they still face a ‘real and appreciable’ risk of federal or state........

© The Hill