Dr. Fauci’s Contempt of Congress Can Be Challenged but his Contempt for the Public is Undeniable

“Today I am the most famous and talked-about person in the country.” Those words from the diary of Dr. Anthony Fauci will certainly be true today as the U.S. Senate Committee on Homeland Security & Governmental Affairs moves forward with holding him in contempt for refusing to answer over a hundred questions about his past conduct and statements as the former head of the National Institute of Allergy and Infectious Diseases.

The contempt vote will start a process that is fraught with political and legal challenges. Even putting aside the objections to the direct referral from the Committee to the Justice Department (rather than submit the matter to a full Senate vote), there remain serious questions about whether Fauci can be held in contempt after invoking his right to remain silent under the Fifth Amendment. As I have previously stated, this area is rather murky and Fauci likely has the advantage in any litigation.

At the outset, it is important to note that Fauci always faced a risk of perjury in his prior appearances. Even if immunized, a witness can always be prosecuted for false statements. Fauci is in a much stronger position today than he was in prior hearings due to the sweeping pardon he received from former President Joe Biden. Yet, he suddenly decided to remain silent when his own words came back to contradict him.

Now for the legal questions.

If a witness is immunized, they can be compelled to testify. If, for example, the Senate granted Fauci immunity, there would be little question about his answering these questions as well as the ability to charge him for any false statements.

The Senate Committee is arguing that the Biden pardon had the same impact. Since Fauci cannot be prosecuted for any acts during the extended period of the pardon (going back to 2014 when the government allegedly funded “gain-of-function research). Chairman Rand Paul did an excellent job in putting this issue into sharp relief in his final set of questions by framing his inquiry as confined to the period of his pardon.

The argument is credible and, for many, compelling: since Fauci cannot be prosecuted for any conduct during the pardon period, he has no legal exposure so long as he speaks truthfully.

For Fauci, that is a question that could be highly subjective. He referred to the risk of a “perjury trap” in his opening statement. He declared, “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.’”

Even that statement could present a matter for litigation. Congress previously found in 2013 when high-ranking IRS leader Lois Lerner also pleaded the Fifth after giving an opening statement before the House Oversight and Government Reform Committee.

The Justice Department under the Obama Administration refused to prosecute. Fauci will argue that such a general statement does not waive the privilege and that, when asked a question, he promptly and consistently invoked it.

Of course, this is the Trump Administration, not the Obama Administration. Ironically, if the matter is litigated, the Administration will be in the position of defending the pardon, which it has long questioned, as the result of Joe Biden’s infamous autopen. The ability to hold Fauci in contempt becomes dependent on that pardon being valid.

The Justice Department can argue that the Supreme Court has consistently held that the mere fear of a perjury charge is insufficient to compel witnesses who are immunized, dating back to 1896 in Brown v. Walker. 

Moreover, the Supreme Court has held that “anticipatory perjury” is not a basis for such a refusal to testify in cases such as United States v. Apfelbaum.

However, Fauci can cite new state investigations as unaffected by the federal pardon, as well as new questions arising outside the pardon that could theoretically pose ongoing risks of criminal prosecution.

Courts have generally adopted broad interpretations to protect the right to remain silent, a touchstone of our legal system. That is why I believe Fauci likely has the edge in any challenge.

The fact is that it is uncertain. The cases in this area remain relatively sparse, and any pardon case is highly case-specific to the confines and scope of the specific pardon.

If so, Fauci can remain silent, but that silence will remain deafening for many in this country.

The right to do something does not make it the right thing to do. Fauci, in my view, was wrong to invoke the privilege against self-incrimination even if it was his right to do so. Millions of Americans lost loved ones during the pandemic, and the United States had one of the worst records in dealing with COVID-19 in terms of costs and deaths. Fauci’s diaries exposed disturbing contradictions between what he previously stated publicly and what he actually believed. Americans have a right to know the truth, and Fauci was not saying a thing, invoking the privilege 111 times.

He will say nothing to the families who lost loved ones or the business owners ruined by now-debunked pandemic measures.

He will say nothing to the scientists who were canceled, blacklisted, and fired for opposing these policies. Those scientists did not get the bobbleheads and celebrity photos that Fauci celebrated in his diaries. As the mob hounded them, Fauci said nothing as he gushed about his own fame in his diary.

He will say nothing despite the protection of a presidential pardon. For that, he should be rightfully condemned. Fauci’s contempt of Congress is challengeable, but his contempt for the public is undeniable.

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.”

This column appeared on Fox.com

364 thoughts on “Dr. Fauci’s Contempt of Congress Can Be Challenged but his Contempt for the Public is Undeniable”

  1. Trump just makes ad hominem attacks against reporters who ask questions that he does not like.
    That’s not very professional or presidential.
    What good does this do?
    How does this make America great again?

    1. Trump keeps denying that we’ve used up most of our munitions on Iran. And now he’s threatening to jail journalists for reporting that. This is far more disturbing than the bogus case against Fauci.

      1. But not as disturbing as an anti-administration Media community that wants our enemies to know (or at least think) that our munitions stock is insubstantial, true or not.

        1. Lin,
          Good point.
          It is as if MSM, the annonys want Iran to win.
          How twisted is that?
          They also defend their St. Fauci, who authorized cruel experiments on dogs. To them, he is their hero.

        2. Lin (Estovir), Trump was warned before this war started that we could possibly run down our munitions in Iran. Yet Trump went right ahead and did exactly that. Then yesterday, Trump had the nerve to suggest that Hegseth mislead him on munition stocks. The real problem is that Trump believes what he hears on Fox and Fox, in turn, only reports what the White House wants them to report.

          1. I find no such reporting that “yesterday” (Aug. 5), Trump suggested “that Hegseth mislead[sic] him.” Please cite Trump’s August 5th suggestion that Hegseth misled him, thanks in advance.

            1. WaPo is reporting Trump berating Hegseth aside at Camp David yesterday.

              Whether, or not, the media community is ‘anti-administration’, or wants to alert our ‘enemies’, would you prefer Trump continue to attack Iran with no munitions?

              * “If you know the enemy and know yourself, you need not fear the result of a hundred battles.” – Sun Tzu

              1. “Then yesterday [Aug. 5th], Trump had the nerve to suggest that Hegseth mislead him on munition stocks.”
                “WaPo is reporting Trump berating Hegseth aside at Camp David yesterday.”

                Respectfully, no/nada/Not.
                Trump was not at Camp David yesterday.
                And Wapo reported on a closed-door meeting at Camp David that occurred last Friday (July 31).

                https://www.washingtonpost.com/national-security/2026/08/05/trump-hegseth-clashed-camp-david-over-iran-missile-depletion-concerns/

                1. Sry. WaPo is behind a paywall I cannot, would not, afford.

                  Edit. Word on the street is the U.S. is plumb out of high-end munitions. Patriots, Thadd, Himars, Drones. .. etc., etc. Rumor has it Trump believes Hegseth et al mislead him about munition stocks .. . but I take that with a few grains of salt.

                  The questions remain: why is Iran the ‘enemy’ and how can Trump continue attacking them (short of nuclear war)?

                  1. “Sry. WaPo is behind a paywall I cannot, would not, afford.”
                    That’s a bit funny, dgsnowden. I’m able to read the article and I’m not a paying subscriber either.

                    “The questions remain: why is Iran the ‘enemy’ and how can Trump continue attacking them (short of nuclear war)?”
                    Simple, here’s a list of all of the times Iran and their proxies had attacked American forces.

                    https://www.google.com/search?as_q=list+of+times+iran+and+its+proxies+had+attacked+american+forces&as_epq=&as_eq=&as_sitesearch=&as_filetype=&as_qdr=&lr=&cr=&tbs=&authuser=

                  2. The questions remain: why is Iran the ‘enemy’

                    Great question. When you consider all their good deeds, honoring free speech, encouraging peaceful protests and hanging a world class wrestler for no reason, they should be our dearest friend.

                    We are a nation of geniuses.

              2. Treason. Check it out. We had only two atom bombs when we hit Japan. You would have insisted that Truman tell the Japs that, leading to more atrocities for us. PERFECT! Treason, you idiot.

    2. So what? Reporters have attacked Trump with lies for over 10 years now. You make ad hominem attacks against President Trump everyday on this site. Does your pea brain think it’s changed anyone’s mind? Your comments are mocked. You are mocked. How does that make America Great?
      You are living proof you can’t fix stupid.

      As for Fauci his lies killed hundreds of thousands of not millions. He got pardoned for undefined crimes by a vegetable. Fauci is the Doctor Mengle of today. He is lucky to get off with contempt. He should burn in hell.

        1. Nope. Moronymous is. It is the only job a Gen Z, soy boy, failure to launch could do.

    3. an easy question. The attacks against the reporters are because they are the enemy of the people and need to be called out from the highest levels.

  2. “An example is the recent book published by Pennsylvania Professor Beans Velocci claiming “sex isn’t real” and the gender “binary” is “incoherent.””

    Physics is incoherent to me. That doesn’t make it incoherent.

  3. The Senate committee votes to hold Anthony Fauci in contempt ~ maybe He’ll pull a Hunter Biden with a podium on the Hill, Capitol in the background, and all the Media clamoring for his attention.

    He needs a Sugar Bro for sure.

  4. If this is as good as it gets –

    “The cure is worse than the disease” is a famous saying meaning a fix or solution causes more harm than the original problem. Its roots trace back to Latin writings like Virgil’s Aeneid, and the English phrasing was famously written by Francis Bacon in 1st-person essay form as “the remedy is worse than the disease”.

  5. Government-by-namecalling is not a good way to govern ourselves, unless you like being governed by high school bullies.

      1. When have MSN or the DNC done either?

        What did they call him? There are a billion names in the book, so “every name” is a bit much of a claim.

  6. “By focusing entirely on one human being and by calling him all sorts of names, including ‘evil’, and by calling for him to be jailed, it abdicates Republicans’ own responsibility in the US response to the pandemic, which was under President Trump,” said Gavin Yamey, director of the Center for Policy Impact in Global Health at Duke University. “I think that this is all aimed at riling up the base ahead of the midterms and at washing their hands of any culpability themselves in the mass death event of Covid.”

    From Today’s The Guardian

      1. “The Guardian” HA HA HA HA HA HA HA

        “The Guardian has always been a left-leaning publication throughout its history, as they have stated in various articles.”
        “The Guardian has a left-leaning editorial bias and sometimes relies on sources that have failed fact-checks.”
        https://mediabiasfactcheck.com/the-guardian/

        go somewhere else to ply your wares.

        1. Unlike Fox News – The Guardian has not been successfully sued for nearly $1Billion.

          Perhaps the truth is left leaning.

  7. Impeaching and removing Trump and his gang of Sweathogs would be a good start.
    Government by Sweathog is not what the Founders intended.

    1. The contempt is MAGA rednecks hating Fauci because he had the fortitude to contradict Trump. That’s what this charade is really about.

      1. Effete criminal islamohomphiles’ opinions are meaningless.

        PS, w/o MAGA rednecks, you would be Mo’s cockholster. Go beg keith ellison for some lube before he comes for you

  8. “… However, Fauci can cite new state investigations as unaffected by the federal pardon, as well as new questions arising outside the pardon that could theoretically pose ongoing risks of criminal prosecution. …” -JT

    This statement raises another question|angle: Can Canadians (or Other Nation State) bring Dr. Fauci to testify before Them? The boarder Countries were greatly affected by the Pandemic as well (you might call it the Pan-American-Pandemic), Citizens and Commerce that traverse these boarders in both directions were impacted . Canada/Mexico suffered economic losses due to the Covid restrictions imposed by themselves and the U.S., as well as their Citizens. The Biden pardon would not apply in Canada (and other Nat. States). There is no reason to not hold Fauci to finding the facts and issuing subsequent penalties.

    1. AI Overview:
      “The Hague Court” usually refers to the International Court of Justice (ICJ), the main judicial organ of the United Nations located at the Peace Palace in The Hague, Netherlands. However, The Hague also hosts other prominent international tribunals, most notably the International Criminal Court (ICC).

      Key Differences Between the Two Main Courts

      International Court of Justice (ICJ)
      Role: Settles legal disputes between sovereign countries (contentious cases & tribunal(s)) and issues advisory opinions for UN organs.
      Focus: State-to-state issues like border disputes, treaty violations, and international law.
      Composition: 15 judges elected for nine-year terms.

      International Criminal Court (ICC)
      Role: Prosecutes individuals accused of grave international crimes.
      Focus: Genocide, war crimes, crimes against humanity, and the crime of aggression.
      Composition: Independent judicial body operating separately from the UN.

      Ref.:
      International Court of Justice
      https://en.wikipedia.org/wiki/International_Court_of_Justice

      International Court of Justice (Home Page)
      https://www.icj-cij.org/home

  9. If Congress wants to establish a solid truthful record of facts, decisions, and rationale for managing the COVID pandemic, they need not focus on Dr. Fauci. There are plenty of other key actors from both Trump and Biden administrations that could shed light on decisions, policies, and perhaps identify lessons learned – what worked and what didn’t work. I think between the Fauci diaries, his public statements, and the statements of other actors, we have a lot of information with which to proceed, absorb, and to use to synthesize better policies.

    1. Yes, there are better, more productive ways of solving America’s problems than Stalinist show trials.

  10. I see that the cult of Fauci is alive and well on this blog, and 99% of cult members also have TDS.

    1. TDS is defined as: ‘The inability to discern that a convicted fraud is a convicted fraud’.

      1. TDS is thinking a person is a fraud, who in fact did not commit fraud. You left out the part about the bank saying it was fully aware of the value of the property and it was fully paid back according to its agreement with Trump. Thus, as a factual matter, there was no fraud. That is why you have to rely on the word “convicted” as if that changes what actually happened.

        More to the point, in a kangaroo court run by Trump haters who care more about “getting Trump” than about the law, it is possible an innocent man might be convicted. Then, as we see, TDS sufferers go around pretending the conviction was valid, when they know deep down it was not. But they hate Trump so much that they, too, care more about “getting Trump” than about the law. So they lie to others, and ultimately, perhaps they lie to themselves.

        1. There are two kinds of TDS. .. Democrat TDS and Republican TDS.

          *in both cases, Trump is the #1 TDS!

        2. Old Man

          Trump University was ruled a fraud and so was Trump’s foundation (in addition to his felony fraud convictions).

          Then there are the fraudulent claims Trump make on a daily basis. The biggest fraudulent claim, in these past few weeks concerned alleged ‘vandalism’ of the reflecting pool. Even after Jeanine Pirro discovered she had no case, Trump kept insisting it was ‘vandalism’ when he had actually hired a fraudulent contractor.

        3. Trump tripled the square footage of his apartment to qualify for a larger loan on more favorable terms, and he signed the loan application under oath—swearing to the truth of his representations. That is a crime.

          It’s not like someone who overvalues their real estate— which is arguably a subjective opinion. Square footage is objective. The NY AG can and does enforce misrepresentations on financial documents, to preserve the integrity of the financial system, regardless of whether the borrower defaults on the loan. Trump still got a larger loan on better terms by lying.

          Claiming that the bank wasn’t cheated is just a MAGA excuse. Trump lied— not just a little— not a small exaggeration— tripling the square footage is significant. So there was fraud.

  11. It is absurd to accuse Fauci of being a narcissist while supporting Trump who is a much bigger one.
    What Trump shamelessly says on television is nothing compared to what Fauci kept in his diary.

    1. No, it’s not. It is possible, that they both are narcissists. That is neither “absurd” nor a logical contradiction, as you seem to believe.

      It is understandable for the public to want to get more information on an apparent grandiose liar whose lies may have led to countless deaths, small business closures, and psychological damage to children.

      The usual deflection of “but Trump” from TDS patients is silly enough. Combine that with your logical flaw of assuming it’s absurd to accuse person A of being a narcissist when person B is a narcissist, and it’s no wonder you post such garbage anonymously.

      1. “It is understandable for the public to want to get more information on an apparent grandiose liar whose lies may have led to countless deaths, small business closures, and psychological damage to children.”

        This is about Dr. Fauci, not Donald Trump. Trump said it was no worse than the flu and then backed Operation Warp Speed before saying that the vaccine was dangerous and didn’t work.

        1. I was referring to Fauci, genius. Fauci is the one who claimed to represent science, and Trump, a non-scientist, relied on Fauci. It turns out that reliance was misplaced.

          1. You were referring to “an apparent grandiose liar whose lies may have led to countless deaths, small business closures, and psychological damage to children.” Trump, not Dr Fauci, was the President of the United States and failed to secure the nation. Trump exceeded 30,000 documented lies in his first term, the one that included the introduction and spread of covid across the United States. Trump, not Dr. Fauci, said it was no worse than the flu.

        2. Back when it was first found.. The flu is just as dangerous to the sick and old folks.

          The seasonal flu causes an estimated 12,000 to 52,000 deaths annually in the United States and between 290,000 and 650,000 deaths worldwide

          1. Trump had no factual basis to make that claim. Over 1 Million died in the US from Covid; far more than 52,000 from flu.

            1. “Over 1 Million died in the US from Covid; far more than 52,000 from flu.”

              Lie much?

              Your “analysis” compares over years vs over one year.

              And you fail to acknowledge the con game of “died with Covid” vs “died from Covid.”

      2. On the narcissistic Scale, Trump is the 10. .. expect the DSM will soon refer to it as the Trump Narcissism Scale – TNS (against, which, all other narcissists are measured.).

        *Fauci is sitting around 7.5-8 .. . there is still some room for self-improvement.

        1. I think Trump definitely has narcissistic tendencies, but that you have the numbers reversed in terms of which man’s narcissism is more severe. Even more important than that, I also mind Fauci’s narcissism more because it led him to be so destructive of public health. Trump is admittedly boorish, but he’s a bodyguard and the right man for the job. He’s the Tony Lip to Dr. Don Shirley in Green Book(2018). He is Shane to Luke Fletcher in Shane by Jack Schaefer (1949). He has dismantled the government-social-media censorship complex, stood up to the Ayatollahs who were on the verge of 11 Hiroshima bombs by their own admission, reinvigorated domestic energy production, brought down violent crime, brought down inflation, protected girls’ sports from biological males, closed the border to hordes of invaders, drug traffickers and human traffickers, gotten NATO allies to contribute more to their defense, and on and on. My biggest disappointment with him is the national debt.

          1. Oldman, Putin is more responsible for defense spending increases in Europe.

            Inflation is way up.
            He closed the borders to those seeking asylum.
            No one was protected by painting a target on them in sports. What a terrible thing that a dozen trans athletes wanted to participate.
            Drugs are still coming into the country.
            Human traffickers – do you mean those getting people to safety or people like Epstein who worked closely with Trump to abuse women?

        2. I’m going to add “Pope Leo,” with his feigned humility, his unsolicited opinions on politics, and his recent grandstanding with the world children’s choir concert, –making sure that NBC and other networks would televise and broadcast it with much flare. First pope ever that I really dislike. I give Leo about a 7.5 to 8 as well.

    2. Fraud you say.
      _____________________

      Education Secretary Miguel Cardona canceled $1 billion in student loan debt for about 72,000 defrauded borrowers.

      Founded in 1995, Corinthian Colleges once had more than 100 campuses across the country, with 74,000 students enrolled. In 2014, the Consumer Financial Protection Bureau accused it of illegally collecting high-interest private loans that it marketed to students.

      In 2016, the government cut off ITT’s access to millions of dollars in federal loans and grants, and the institution shut down shortly afterward, ending its 50-year history

  12. The pearl-clutching is always hilarious.

    I’m glad you all abhor narcissists now, particularly when stroking two air dudes during YMCA.

    1. You know who really seems to abhor narcissists? Other Narcissists. Just look at Hollywood or the democrats

  13. Dr. Fauci is a national hero who, at my age (85) doesn’t deserve this harassment.
    He followed his attorney’s advice to avoid a perjury trap, as Rand Paul wanted him in jail.

  14. J.T.,

    “Fauci’s diaries exposed disturbing contradictions between what he previously stated publicly and what he actually believed. ”

    What from his notes, not a diary, did he actually believe that you feel would have saved lives?

    I certainly understand how you would claim there are contradictions and why you would claim to be disturbed by them so, care to share with the remainder of the class what is specifically seen as a contradiction and why that contradiction would be disturbing?

  15. Was the Fauci hearing even lawful?
    Congress shouldn’t be allowed to have arbitrary hearings willy-nilly whenever they feel like it.
    This is the kind of arbitrariness that the Founders were against, like arbitrary imprisonment.

    1. Lawful? It bis the congress of the USA, they have a little bit of authority. Something in the U.S. Constitution gives them authority.
      Arbitrary? So a guy responsible for the death of a million Americans and you think asking questions is arbitrary?
      Are you really that naive?

  16. Fauci is 85. He’s elderly. Statistically speaking, he doesn’t have long to live. If he were a good person, he would say damn the consequences, I’m going to do my utmost to lay out the truth, to help the public understand what happened and prevent it from happening again. Instead, he was all about self, self, self. He showed his true narcissistic colors. He confirmed the narcissism reflected in his absurdly self-aggrandizing diary entries.

    1. Not a fan of narcissists,

      Dr. Fauci already testified in numerous hearings before Congress on exactly those topics, to lay out the truth, to help the public understand what happened and prevent it from happening again.

      That is not what this hearing was for.

  17. To think that Fauci has one leg in the grave and won’t make amends for the destruction he wrought.
    Funny thing about old people, they think they’re invincible.

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