GOP bill would bar Fauci-style Fifth Amendment pleas from federal workers

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

Source: Washington Times
1 min read
Why This Matters

Fauci pleaded the Fifth in a deposition and then went right on doing television hits and writing a memoir defending every call he made during the pandemic. That contrast is what this bill is really responding to. You don't get to decide which forums you answer questions in based on which ones are friendlier.

New Republican Times Editorial Board

GOP bill would bar Fauci-style Fifth Amendment pleas from federal workers
Image via Washington Times

A reintroduced bill is targeting Dr. Anthony Fauci for invoking his Fifth Amendment right by barring federal government workers from refusing to answer certain questions from Congress.

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How We See It

New Republican Times Editorial Board

Fauci pleaded the Fifth in a deposition and then went right on doing television hits and writing a memoir defending every call he made during the pandemic. That contrast is what this bill is really responding to. You don't get to decide which forums you answer questions in based on which ones are friendlier.

The Fifth Amendment exists to protect ordinary people from being coerced into confessing to crimes, and that's worth preserving without exception. But a career federal official testifying about the performance of his public duties isn't quite the same situation as a citizen facing police interrogation. Congress has oversight authority over executive branch spending and policy for a reason, and an agency head stonewalling that process by invoking a constitutional shield built for something else deserves scrutiny, not deference.

Whether this particular bill is drafted well enough to survive a legal challenge is a separate question, and probably not one Congress spends much time worrying about before introducing it. Bills like this rarely become law. What they do is put a marker down: officials who spent years lecturing the public about trust and transparency don't get to invoke the same rights as a defendant on trial when the questions get uncomfortable. That's a fair thing to say out loud even if the fix ends up being mostly symbolic.

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