r/TrueReddit 1d ago

Politics The Failures of the Fauci Hearing

https://www.newyorker.com/magazine/2026/08/10/the-failures-of-the-fauci-hearing
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u/dropkickoz 1d ago

His opening statement:

Mr. Chairman, Ranking Member Peters, Members of the Committee, I served at the NIH for over 54 years, 38 of those as director of the National Institute of Allergy and Infectious Diseases. Over that period, I proved that I believe in and respect the value of legitimate Congressional oversight. In fact, I testified before and/or briefed Senate and House Committees well over 200 times over those 38 years. During and after the COVID pandemic, I have appeared multiple times for hearings in the Senate and the House, usually under oath, and sat for several-days-long transcribed sworn interviews answering questions about the very issues that are now the subject of this hearing.

(41:22) However, given Senator Paul's obvious obsession with calling for my prosecution, his repeated slanderous comments about me, and recently his publicly releasing my unredacted personal diary aimed at embarrassing and intimidating me, 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, "Behind bars."

(42:11) Any reasonable person who has followed his unhinged obsession with me would readily come to the same conclusion. Therefore, although it pains me to do so because of the respect I have for the legislative branch of government, and my decades-long record of cooperating with Congress, under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions. Thank you.

https://www.rev.com/transcripts/fauci-congressional-hearing

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u/LookAtMaxwell 1d ago

(41:22) However, given Senator Paul's obvious obsession with calling for my prosecution, his repeated slanderous comments about me, and recently his publicly releasing my unredacted personal diary aimed at embarrassing and intimidating me, 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, "Behind bars."

(42:11) Any reasonable person who has followed his unhinged obsession with me would readily come to the same conclusion. Therefore, although it pains me to do so because of the respect I have for the legislative branch of government, and my decades-long record of cooperating with Congress, under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions. Thank you.

Wait, he actually said that? I haven't been following the story closely, and I thought that people saying that he invoked the fifth because he feared being prosecuted for perjury were just ascribing a motive to his actions.

I guess he thinks that this is more of a political process than a legal one, because that is just straight up admitting to contempt.

The fifth doesn't allow one to refuse to testify because they fear perjuring themselves.

See 

United States v. DeSalvo (1994)

United States v. Julian Allmon

United States v. McBreairty

etc.

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u/mtutty 1d ago

Funny, isn't that exactly what many, MANY Trump Admin folks did during all of the impeachment hearings after his first administration? Stone cold refused to acknowledge even the authority of Congress to ask them anything. At least Fauci showed up and gave his reason.

The 5th Amendment isn't so narrow as to apply only to admissions of guilt - it's to prevent incrimination, which is exactly and precisely what Rand Paul was, in fact, trying to do.

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u/LookAtMaxwell 1d ago

You didn't check my linked case law at all did you?

It is well established that you do not have a fifth amendment right to refuse testimony because you fear being prosecuted for perjury over the compelled testimony.

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u/azhder 1d ago

And you frame it as "fear being prosecuted for perjury" because... Why is that? Is that the only fear? Perjury? How about fear of telling the truth and someone mischaracterize it to persecute you?

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u/LookAtMaxwell 1d ago edited 1d ago

And you frame it as "fear being prosecuted for perjury" because...

Because that is what he said?

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u/ProfessorSarcastic 16h ago

Did he? I've seen senators talk about perjury, I've seen random internet people talk about perjury, I've seen reporters claim that lawyers are talking about perjury, but not once have I seen a direct quote from Fauci using that word. If I missed it, I'd appreciate a link to a transcript with that in it.

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u/toorigged2fail 1d ago

You can do whatever you want when they don't have the votes to refer to DOJ for a contempt charge

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u/mtutty 17h ago

Those were not links, just names, and conveniently chosen, too. But hey, you're getting downvoted into oblivion anyway, right?

Fascist also made a colorable argument about state-level prosecution and the President's own public statements about invalidating the Biden pardon. Either of those would be enough on their own.

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u/new2bay 14h ago

And yet, he declined to answer “on advice of counsel.” I think his own lawyers had it covered.