After a tense Senate hearing where Dr. Anthony Fauci repeatedly invoked the Fifth Amendment and refused to answer questions, Florida Attorney General James Uthmeier announced Wednesday that his office is opening an investigation into the former National Institute of Allergy and Infectious Diseases (NIAID) director.
“Fauci’s lack of candor to Congress is unbelievable,” Uthmeier wrote on X after Fauci appeared before the Senate Homeland Security and Governmental Affairs Committee. “My office is launching an investigation into Dr. Fauci. It’s past time we get the truth of what happened during COVID.”
Fauci, the former director of the NIAID, appeared before the committee after being subpoenaed to testify about pandemic-era decisions, government-funded research, and questions surrounding the origins and handling of COVID-19.
During the hearing, Fauci repeatedly invoked his Fifth Amendment rights and declined to answer lawmakers’ questions.
According to several reports, Fauci invoked the Fifth Amendment 111 times during the hearing.
The former health official said in his opening statement that he believed the hearing was driven by Kentucky Sen. Rand Paul’s (R) previous calls for investigations into his conduct and that he feared statements made during testimony could be used against him.
“Given Sen. Paul’s obvious obsession with calling for my prosecution,” Fauci said, he concluded the hearing was intended to pressure him into making statements that could support potential criminal allegations.
Fauci said he was invoking his constitutional rights on the advice of his attorneys.
Following the hearing, Paul said his committee would vote on whether to hold Fauci in contempt over his refusal to answer questions under subpoena.
The hearing became more tense when Paul ordered one of Fauci’s attorneys removed from the room after the lawyer attempted to speak during questioning.
Resist the Mainstream reported earlier that the attorney was David Schertler, one of several lawyers accompanying Fauci.
Paul told Schertler he was being disruptive before directing security to escort him from the hearing. Paul said Fauci still had multiple attorneys available to provide legal advice.
The confrontation came as lawmakers debated whether Fauci could continue invoking the Fifth Amendment after receiving a preemptive pardon from former President Joe Biden before leaving office.
Missouri Sen. Josh Hawley (R) cited a previous Supreme Court case while questioning whether the pardon affected Fauci’s ability to refuse to answer questions.
Legal experts have offered differing views on the issue, with some saying a pardon may not eliminate a person’s ability to invoke the Fifth Amendment if there remains a realistic possibility of prosecution, including potential state-level charges, Forbes reported.
Uthmeier’s announcement follows years of criticism from Florida officials over Fauci’s role in the federal response to COVID-19.
Florida Gov. Ron DeSantis (R) has previously criticized Fauci’s pandemic policies and argued that Biden’s pardon should not prevent further scrutiny.
DeSantis appointed Uthmeier as Florida attorney general, Florida Politics reported.
The Senate hearing also followed Paul’s release of more than 1,000 pages of Fauci’s pandemic-era diary entries.
Paul has argued the writings raise questions about whether Fauci’s private statements differed from his public comments during the pandemic. Fauci has rejected accusations that he misled lawmakers or the public.
President Donald Trump also criticized Fauci ahead of the hearing, accusing him of making poor decisions during the pandemic and disagreeing with some of his public health recommendations.
Trump has also questioned Fauci’s handling of issues including masks, pandemic restrictions, and the origins of COVID-19.
Uthmeier’s announcement adds another state-level challenge facing Fauci as lawmakers continue examining decisions made during the COVID-19 pandemic.
