Dr. Anthony Fauci invoked his Fifth Amendment right against self-incrimination over 100 times during a Senate hearing on July 29, 2026, regarding his handling of the COVID-19 pandemic. Fauci declined to answer questions from the Senate Committee on Homeland Security and Governmental Affairs, stating, "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution." According to a review of the testimony by the Washington Examiner, he invoked the Fifth Amendment approximately 115 times throughout the hearing.
Fauci accused Senator Rand Paul (R-KY), the committee chairman, of using the hearing to target him personally, citing Paul's previous comments and actions aimed at him. Paul had subpoenaed Fauci after he declined to testify voluntarily about his role in the federal pandemic response. In the lead-up to the hearing, Paul released documents alleging Fauci's involvement in a cover-up related to the origins of SARS-CoV-2.
Former President Joe Biden issued a preemptive pardon to Fauci before leaving office in 2025, covering any potential federal offenses committed between 2014 and the end of Biden's presidency. Republicans have argued that this pardon does not provide a valid basis for Fauci to refuse to testify. Following the hearing, Paul announced that the committee would vote on a resolution to hold Fauci in contempt of Congress due to his refusal to answer questions.