The Sound of Silence: Fauci Takes the Fifth and the Heat Over his Diary Disclosures

Below is my column on Fox.com on yesterday’s “testimony” from Dr. Anthony Fauci. Americans deserve answers to the questions raised by his diary and other remarks. The most likely course to gain such answers would be through an immunity grant. The impact of a pardon on invocations is a bit murky but, as I stated yesterday, the odds favor Fauci in a court finding that he can still invoke the privilege. In any challenge, a court would likely find that there remains a risk of self-incrimination. What is clear is that many in Washington would prefer Fauci to remain silent on the questions raised by his diary.

Here is the column:

“Stick with the science and never veer from that, even when the science turns out to be an inconvenient truth for somebody.” Dr. Anthony Fauci delivered those words to Georgetown students in 2017 as the touchstone of medical ethics. Today, before the Senate Homeland Security Committee, that line was replaced by Fauci in repeating “On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution.”

The optics could not have been worse, but what you saw depended largely on how you viewed the hearing. For critics, Fauci sounded like Crazy Joe Gallo without the sunglasses.  For supporters, Fauci is still a hero who refused to fall into a trap laid out before him. Democratic senators such as Sen. Maggie Hassan (D-NH) actually praised Fauci for refusing to answer questions before Congress.

There is no question that it is Fauci’s right to refuse to invoke his privilege against self-incrimination and many advised him to do so.  It could be taken for strategic reasons separate from any criminal culpability. After all, he was given a last-minute pardon by President Joe Biden, and any false statements he made before the Committee could be used to bring criminal charges against him.

However, Fauci is unlike many who have invoked the privilege. While many past witnesses have invoked the privilege in being called to Congress, Fauci has testified for days in countless prior hearings. He also has appeared in countless interviews on these issues. He had reason to fear this hearing after his diary revealed startling contradictions with what he was stating publicly.

The question many will ask is why Fauci could not just “stick with the science” and resolve these contradictions. The fact is that he would have had difficulty in dealing with his own “inconvenient truths.”

Fauci’s opening statement expressed obvious anger over the release of his “unredacted diary.”

The new evidence shows that Fauci connected the Wuhan lab to the emerging crisis before most people had ever heard of the lab. It also shows him repeatedly referencing the lab’s gain-of-function work and discounted the “wet market” as the true origin of the virus as opposed to an “amplifier.”

Some of the most embarrassing areas for Fauci concerned his entries acknowledging that he pushed to close schools, despite public denials that he ever recommended such closures. His entries take credit for convincing figures such as then-New York City Mayor Bill de Blasio, the staff of California Gov. Gavin Newsom, and others to close the schools.

In an Oct. 16, 2022, ABC interview, Fauci repeated that denial: “They always come back and say, ‘Fauci was responsible for shutting schools down.’ I had nothing to do [with it]!”

The media has also taken the Fifth on these subjects, declining to publish many of these contradictions. They have the same reason as Fauci: there are no spins that would reconcile their own prior coverage and gushing reviews of Fauci. The diary entries also show disturbing references to private meetings with media figures.

Fauci’s diary refers to CNN anchor Jake Tapper 41 times. In some entries, Fauci suggested that the host was concerned about crafting an interview to better serve Fauci: “Jake wanted to make sure the interview did not cause me any problems.” Fauci also related how he met socially with Tapper in July 2020: “Had dinner over Jake Tapper and Jen Tapper’s home in DC. Terrific couple. Friendship building.” (Notably, on October 14, 2020, CNN published a report repeating the condemnation of the dangers of “small household gatherings.”).

The diary revealed an obsession with his publicity and access to celebrities. The diary is replete with his gushing accounts of himself, such as “It is not hyoperbole [sic] to say that today I am the most famous and talked about person in the country and one of the most recognizable peson [sic] in the world.”

The fact is that diaries tend to be self-obsessed, and no one would want their unvarnished private thoughts made public. Rather, my gripe with these passages is something I have previously written in criticism of Fauci. During this period, dissenting scientists were barred from social media, removed from positions, and vilified for expressing views, despite now being vindicated on subjects ranging from the lab origin of the virus, the efficacy of masks, the six-foot rulenatural immunities, and school closures.

As these courageous scientists were being abused (by academic and media figures who still hold their positions), Fauci said not a word in their defense despite privately acknowledging that they could be right.

Yet, Fauci remained silent as his allies in the media savaged those who voiced the view that the virus was man-made and escaped from the lab.

In 2021, New York Times science and health reporter Apoorva Mandavilli was still calling on reporters not to mention the “racist” lab theory. (Federal agencies found the lab theory to be the most credible despite Fauci claiming publicly that a natural origin was the most likely explanation).

Fauci stayed silent while relishing his celebrity status. Indeed, his diary shows no concerns for these scientists as he breathlessly recounted his bobbleheads and cover shoots.

Once again, Fauci has every right to invoke his constitutional rights, but the public has every right to demand answers to these questions related to the deaths of 1,238,563 Americans. That may result in a grant of immunity to compel him to answer these questions.

If it is any solace for Fauci, he will clearly be able to maintain that he is “the most famous and talked about person in the country.”

Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

 

122 thoughts on “The Sound of Silence: Fauci Takes the Fifth and the Heat Over his Diary Disclosures”

  1. Prof. Turley while I mostly agree – there is no legitimate strategic basis for taking the fifth
    The constitutional right is solely a right to not be forced to testify against yourself, and that has been found to only apply when you face the jeophardy of criminal prosecution.

    Those who argue that he has been pardoned, and can not invoke the 5th are correct. Further, even if he was FORCED to testify justified by the pardon, and the pardon was later found invalid – he would still have immunity for that testimony.
    This is how the Oliver North Prosecutions failed.

    At the same time congress should just grant him immunity for his testimony. The offer costs them nothing – he is already immune and it allows his testimony.

    There are very good reasons to get his testimony. We need to understand Everything that was going on to prevent it in the future.

    We need to undertand how the funding of research that ultimately cost millions of lives was accomplished circumventing laws.
    We need to understand how Govenrment used false public health justifications to deprive people of their liberty.

    Covid was bad, but it is increasingly clear that we did everything possible wrong, and that we did not do so inocently with good intentions, but with a variety of bad intentions.

    Further While Fauxi is the Dr. Mengele of this story – myriads of others were involved who do NOT have pardons – and all should face conseuences.

  2. I read an article in the Atlantic (left wing) Magazine yesterday singing the praises of Dr. Fauci. It reiterated how a bunch of renowned scientists agreed that Covid was transferred from an animal. Now years have passed and not one animal has been found to carry the virus. Not one apology? Not even one my bad? There is however one piece of evidence that can’t be ignored. Workers at the Wuhan lab became very ill. Fauci knew from the beginning and could see that the government funding that had fulfilled his fantasy would soon be drifting away if the truth were uncovered.
    What would Sherlock Homes say? Elementary my dear Watson, elementary.

  3. All other matters aside, huburus, arrogance, and narcissism are hardly unique personality traits inside the beltway.

    1. Absolutely, and the purpose of the limited government of the constitution was to preclude them from using power to the detriment of the people.

  4. Important fact: Fauci actually ran an effort to publicly ostracize the lab-leak theory. He wasn’t passive and that is documented. My theory (and everybody else’s theory): he did it to change the subject from the NIH funding of gain-of-function research at the Wuhan lab. He knew that was damning because such research was already barred in the USA.

    There is a pattern of Democrats and their fellow travelers offshoring dirty deeds to get around U.S. law. Hillary did it when she created the Russian-collusion hoax and Fauci did it with a number of ugly research projects, including gain-of-function.

    Since DOGE has dried up federal funding of Democrat-support groups and ActBlue has come under fire for possibly laundering money (dark money from the CCP?), the Democrats have suddenly found themselves near bankruptcy. The foreign money goes away and the Dems suddenly have to hock their headquarters to stay afloat.

    All this suggests that foreign entanglements have been a Democrat strategy for years. Now there are rumors that the CCP blackmailed Joe Biden. Naomi Wolf is right: the Democrats are a national security threat.

    1. DOGE was a start – we need MORE, much MORE.

      Currently there are investigations of various forms of entitlement fraud. But the big deal is how pervasive that Fraud is.

      Nor should we assume that fraud is limited to a few entitlements.

      These programs and many more were unconstitutional and a bad idea from the start.
      They can not be fixed. They must be ended.

      Yesterday you wrote of Mamdani’s grocery stories – these too will prove vehicles for grovernment fraud.
      We already know that Mamdani is using his takeover of housing authorities to fund his groups that got him elected.
      He is building a political machine that is being Funded by Government.

      Never ever should government be funding directly or indirectly the election efforts of those in govenrment.

      Power Corrupts- ALWAYS.

  5. So the lab theory is racist? Let’s move the Wuhan lab to Moscow and see what Mandavilli would say.

  6. Why would the release of someone’s diary ’embarrass” them unless it was full of narcissism? but a narcissist wouldn’t view it that way anyway so where is the source of Fauci’s embarrassment in his diary? What does he have to be embarrassed about? deaths of millions from his monster virus?

  7. I just realized the incredible similarities between this guy and the character Dr. Frankenstein!
    Both scientifically arrogant, dismissed reason, superiority complex, both took various body tissues to create life and that life escaped to wreak havoc on the villagers.

  8. BREAKING (satire): New York Times Quietly Relocates Three Bestsellers from Nonfiction to Fiction
    In a joint statement, the Times confirmed that Anthony Fauci’s “On Call,” James Comey’s “A Higher Loyalty: Truth, Lies, and Leadership,” and Hillary Clinton’s “What Happened” have all been moved off the nonfiction list.

    “We considered leaving them,” a spokesperson said, “but between one book whose author’s own diary contradicts it, one with the word ‘lies’ right there in the subtitle, and one that still hasn’t actually answered its own title, we felt fiction was the more honest shelf for all three.”

    All three remain #1 bestsellers in their new category, shelved together under a new imprint the Times is calling “Government Accountability: A Choose Your Own Narrative.”

  9. The much bigger issue:

    Why would the best and brightest young people ever want to serve in government? Why take the risk of being used as political pawns by cowardly, divisive and self-serving politicians?

    Government employees generally are lower paid than the private sector employers and when manipulated by petty politicians must hire attorneys to defend themselves for making good faith decisions. Why would anyone want to risk that?

    In early 2020, nobody even knew what Covid was or understood it. In that scenario, greater precautions would be the adult responsible reaction to save lives, even if it was wrong in hindsight. Most American parents operate the same way protecting their children when dealing with uncertainty.

    Fauci – unlike Trump – worked at a lower paying government job for decades for the goal of saving lives and serving the American people. Fauci didn’t receive free jets, free gifts or make billions of dollars like Trump.

    Trump for his part ignored the pandemic in 2019, then told American possibly drinking or ingesting industrial bleach cleaning solution might cure Covid. Then Trump thought sunshine in the Summer if 2020 would get rid of Covid. Biden inherited the mess Trump created through inaction and ignoring real medical experts like Fauci.

    Maybe Republicans have a cult problem, not a Fauci problem?

    1. “Fauci . . . worked at a lower paying government job . . .”

      At a salary of $480,000/year (not including benefits), he was the highest paid federal employee in American history.

      The rest of your screed is equally accurate.

      1. That didn’t include the millions he received in grants and awards for his part in helping steal an election.

    2. What is bothersome is that no matter what is written, if there is a comment section the “Trump is worse” crowd is always blathering about something. Fauci was with out a doubt one of the worst things that has happened to us. Yes, Trump’s an idiot and various other things bad, but how can anyone in their right mind apologize for Fauci?

    3. “In early 2020, nobody even knew what Covid was”
      Fauci DID!
      Fauci DID receive free jets, DID receive free gifts and made millions you uninformed moron.
      All of this information is available but you don’t know how to read?

  10. Sure. Showing up to a hearing with a preemptive pardon and 12 attorneys and pleading the fifth over the color of the carpet positively screams ‘innocent’.

    This was some of the most epic evil in modern history, possibly of all time, in the West. There is simply no other word for the sheer madness of the modern left, they are barely human anymore at this point. The subsequent wagon circling and gaslighting can probably be seen from outer space.

    1. James, remember, even Trump has invoked the 5th after loudly claiming those who invoke it are hiding something or guilty of something. Trump is equally suspect of being guilty after invoking the 5th.

      1. So you’re on the side of pleading the fifth always? what a ridiculous equivocation!

        1. When it’s warranted and legally valid it is. Fauci is perfectly within his right to invoke it.

  11. why is it, EVERY Democrat wants censorship and canceling anyone that challenges them?
    Would it be that ALL Democrats are really just FASCISTS seeking TOTAL POWER?

  12. Now do Donnie Von Schitzenpantz. He took the 5th hundreds of times during a court appearance.

  13. Try this thought experiment. Imagine finding out the federal government had been quietly funding nuclear research inside Iran, calling it peaceful energy work, all while knowing that same research could be turned into a weapon. Nobody accepts that. Everybody instantly understands why funding dangerous, dual use research in a country we don’t trust is disqualifying on its own, no explanation needed.

    Now add the next layer. Imagine the lead scientist behind it wasn’t some anonymous name in a report. Imagine he was a public face, someone an entire generation of young people was told to admire, someone who inspired kids to go into science and medicine because he represented trustworthy expertise. Then imagine he got caught lying about the work, caught contradicting his own private notes, and instead of owning it, an entire political party and half the media class circled the wagons around him. Mocked the people asking honest questions. Treated a straight answer like a concession to the other team.

    Now picture the kids who grew up admiring him watching that play out. They’re the ones asking why he won’t just tell the truth. Meanwhile the actual adults, senators, pundits, decades of public life between them, are the ones making excuses for the dodge.

    That’s backwards. Gain of function research in Wuhan was the same bet as nuclear research in Iran, dual use, dangerous, handed to a regime with a track record of hiding the truth.

    Different visual, same recklessness. And when the man behind it gets protected instead of held accountable, it doesn’t just damage his reputation. It teaches an entire generation exactly how little the truth matters once your team needs you covered.

    1. The Supreme Court has repeatedly affirmed that the Fifth Amendment protects the innocent, not just the guilty. When a public figure is faced with a hostile political committee openly seeking criminal prosecution, invoking the Fifth is a standard defense against targeted perjury traps and politically motivated prosecution. It is a refusal to participate in a political theater, not an admission of lying.

      Even Trump has invoked the 5th for the same reason when he is being deposed.

      Because he cannot be prosecuted for past actions covered by the pardon, the primary remaining legal danger he faces at a new congressional hearing is perjury—being caught in a semantic trap by aggressive lawmakers. Pleading the Fifth protects him from new, manufactured charges, not past accountability.

      Also, almost all advanced virology and medical research is technically “dual-use,” meaning knowledge used to cure a disease could theoretically be weaponized.

      The U.S. National Institutes of Health (NIH) funded research globally to study viruses where they naturally emerge. Funding a localized lab to monitor active bat coronaviruses is standard epidemiological surveillance, not a clandestine geopolitical partnership.

      1. X: All good points. The problem most have with Fauci was his public position that the lab was not the source of covid as well as his other non scientific pronouncements. The public trusted this man. Now the truth is out and people are angry. Still, as you note, taking the 5th was the wise legal move.

  14. Fauci is a good little fascist of never let a good crisis go to waste!
    And Destroy scientific discovery…while promoting yourself!

  15. When they tell you they want to reduce the world population believe them.

    When they tell you they are going to fundamentally change America, believe them.

    When they tell you by any means necessary believe them.

    There are no coincidences that could have timed the COVID pandemic so perfectly to subvert Trump’s reelection. What other incident could have completely changed our election laws and processes to allow mail in ballots, and drop boxes etc. just in time to steal an election.

    It was on purpose and they are now getting closer to revealing how deep the evil and lies go.

    Why would America’s government be running biowarfare labs in China to develop lethal strains of pathogens in synch with the Communist Party?

  16. The “hearing” was nothing more than a rehash of MAGA bs. Ivermectin does not help with Covid. The Covid vaccines are safe and effective. The lab leak theory has been disproved. Those are alll true even if MAGAs don’t like it.

    1. Sally says that “the lab leak theory has been disproved”??? Sally is like the last Japanese WWII soldier stuck on an island of insanity. What she says is sickening, untrue, partisan BS and laughably wrong. Don’t be a Sally.

      1. It hasn’t been disproved, it has not been verified. It still not certain where it originated.

        1. So you think it isn’t certain where the virus originated? As a comedian said, if there was a chocolate disease and the first cases were in Hershey PA, would you claim it came from a bat?

          1. 😂 I like that hullbobby. I needed the chuckle.

            If it walks, quacks, looks and tastes like a duck, clearly it’s a pine tree.

            1. But the problem is there’s no proof it tastes like a duck. It hasn’t been verified. It may look like a duck, but it cannot be confirmed with certainty that it tastes like one. If that is the case how do we know it does taste like a duck for sure?

    2. Ivermectin sure worked for our family. It greatly reduced the severity of the illness. We used it and vitamin D, Zinc once we had caught it and then preemptively after later exposure. We were down three days, my wife had no worse than a mild fever and sniffles, this was when people were dropping like flies.

      1. My wife and I had Covid. It lasted 3 days. We DIDN’T take ivermectin, zinc and vitamin D. We got essentially the same result as you did.

        Anecdotal conclusions are not useful in medicine. This is why science uses double-blind studies involving thousands of outcomes before publishing any conclusions.

    3. A Vaccine is effective if it prevents you from getting the disease and prevents transmission to others. The Covid vaccine does neither and is, thus, not effective. It does reduce the severity of the illness. However, it has side-effects that can be quite dangerous and in rare cases lead to death. So, to claim that the vaccine is safe is also removed from reality.

  17. Remember this.
    I only bring this up because in 2022, this man said he had nothing to fear and welcomed any invitation to testify before Congress. What happened, man? I thought you were salt of the earth, willing to talk about anything. Do you have something to hide? Something that could make your blanket pardon from Biden not so bulletproof. If he lied to Congress Wednesday, he wouldn’t be protected by the pardon, something former John Yoo mentioned on Tuesday.

      1. maybe you should read Fauci’s diary and his total hypocrisy.
        Amazing how the LEFT love being led to death and failure

  18. He is responsible for bringing THE PLAGUE on us, & also for allowing vaccines that do SIGNIFICANTLY more harm than good. Then trying to bury the test results for 50 years. He recommended pregnant women to get shots – trails showed that ~ 48 % had miscarriages. He also pushed for children to get the vaccines when the data showed they would get cold like symptoms. THEN there is no data to show the impact on their development. HE BELONGS IN LEAVENWORTH, with a hoast of others.

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