Why did Mr. Biden pardon Dr. Fauci?
Almost immediately after President Trump was elected to a second term in 2024, Republicans vowed to pursue several prominent figures, among them Dr. Fauci, the government’s top infectious disease expert, for his management of the pandemic. On his last day in office, Mr. Biden issued Dr. Fauci, and others, an unconditional “pre-emptive pardon” that protects him from federal prosecution for his actions from 2014 through Jan. 19, 2025.
Why did the Senate committee seek his testimony?
There were many pandemic-related issues that senators sought to explore. They accused Dr. Fauci of funding research that led to the creation of the coronavirus and of lying to Congress about it under oath, allegations that Dr. Fauci has long denied. They sought to hold him responsible for school lockdowns, masking and vaccine mandates, and other Covid-era restrictions imposed by states, communities and employers.
Is Dr. Fauci eligible to plead the Fifth?
This is the question at the heart of the legal debate.
Republican senators on the committee contend that because Dr. Fauci had a presidential pardon, he was already protected: By refusing to answer their questions, he had effectively violated their subpoena of him. “You don’t have any rights under the Fifth Amendment because you’ve been pardoned, as you very well know,” Senator Josh Hawley, Republican of Missouri, told Dr. Fauci at the hearing.
Legal scholars say the issue is not that clear.
Jonathan Turley, a constitutional law expert at George Washington University Law School, said that the impact of pardons on a witness’s ability to invoke the Fifth was “murky,” noting that there is little case law on the issue.
“There are good-faith arguments that his pardon would afford him effective immunity,” rendering Dr. Fauci ineligible for the Fifth Amendment protection, Mr. Turley said in an interview. He noted that there were also claims that Dr. Fauci’s opening statement could be construed as waiving his Fifth Amendment privilege, negating the cloak of immunity granted by the pardon itself.
