Fauci's contempt of Congress is challengeable, but not his contempt for the public

This story raises questions about governance, accountability, and American values.

Source: Fox News
1 min read
Why This Matters

The Senate voting to hold Fauci in contempt is going to spark a genuinely interesting legal fight, and we mean that sincerely. Can you plead the Fifth after you've already been pardoned? Pardons are supposed to remove the jeopardy that makes the Fifth Amendment necessary in the first place.

New Republican Times Editorial Board

Fauci's contempt of Congress is challengeable, but not his contempt for the public
Image via Fox News

The Senate contempt vote against Anthony Fauci raises complex legal questions about whether his Fifth Amendment claims hold up against Biden's pardon.

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How We See It

New Republican Times Editorial Board

The Senate voting to hold Fauci in contempt is going to spark a genuinely interesting legal fight, and we mean that sincerely. Can you plead the Fifth after you've already been pardoned? Pardons are supposed to remove the jeopardy that makes the Fifth Amendment necessary in the first place. If there's no risk of prosecution, there's no privilege to invoke. That's not a partisan reading, it's just how the doctrine has worked for a long time, and Fauci's lawyers are going to have to get creative to explain why it shouldn't apply here.

But notice how the legal question and the moral one keep getting treated like the same thing, when they're not. Whether Fauci can dodge testimony on a technicality is a matter for courts and precedent. Whether he owes the public a straight account of gain-of-function funding, mask guidance that shifted without much humility, and school closures that wrecked a generation of kids academically and socially is a completely different matter, and no pardon touches that one.

That's the part that should bother people regardless of how the contempt vote shakes out. A pardon can end a prosecution. It cannot retroactively make someone honest about what they knew and when. Fauci spent years as the face of federal authority during the pandemic, and the closer we get to depositions and paper trails, the more that authority looks like it was borrowed against a debt he never intended to pay back.

If the courts eventually side with him on the Fifth Amendment question, fine, that's the process working. What won't be fine is treating a legal technicality as if it settles the argument over accountability. Those are two different scoreboards, and only one of them can be gamed with a pardon.

Commentary written with AI assistance by the New Republican Times Editorial Board.