CNN Legal Analyst Elie Honig Says Fauci ‘Probably Within His Rights’ to Take the Fifth — But the ‘Political Fallout’ and ‘Shame’ Is a Separate Issue

CNN senior legal analyst Elie Honig said Dr. Anthony Fauci was “probably within his rights” to invoke the Fifth Amendment and not answer questions about his time spearheading the government’s response to Covid-19 during a Wednesday Congressional hearing. But he said the doctor may have to grapple with “shame” and political blowback.

Honig weighed in soon after Fauci said he would not be answering questions.

The doctor accused Sen. Rand Paul (R-KY) — who was leading the Senate Homeland Security and Governmental Affairs Committee’s hearing — of having an “unhinged obsession” with him in his opening statement, before proceeding to invoke the Fifth Amendment 29 seconds later; Fauci then declined to answer more than a dozen questions over the next hour.

Honig noted Fauci had received a pardon from former President Joe Biden on his final day in office, before bringing up the doctor’s repeated use of the Fifth Amendment.

“There are two reasons why a person in Dr. Fauci’s position might still be able to invoke the Fifth, even with that pardon. First of all, a person in Dr. Fauci’s position might be able to say, at least theoretically, I could still be prosecuted under a state’s law, as opposed to federal,” he said. “Now it’s hard to imagine what state prosecution there could be of Dr. Fauci, but the Fifth Amendment allows that sort of speculative indication.”

Honig continued, “And the second thing that Dr. Fauci and his legal team might say is, OK, the pardon only covers him up to January 20 of 2025, it would not necessarily cover him if he’s to be charged for a crime he did today.”

He then explained Paul could seek a motion in court, compelling Fauci to testify if Paul believes his reasons for invoking the Fifth were “invalid.” Honig said it is more likely than not a court would side with Fauci in that case.

“I think ultimately, Dr. Fauci does probably has a right to invoke the Fifth here,” Honig added. “What the political fallout will be and the shame that goes with this invocation of the Fifth, that’s separate from the legal question.”

His analysis followed Fauci saying he would not answer questions and after Paul accusing him of “aiding and abetting the crime” of Covid lockdowns.

“Children lost years of education, small businesses built over a lifetime disappeared, patients delayed cancer screenings and other medical care, families were separated from dying relatives, workers were ordered to accept a medical procedure or lose their jobs; worship, assembly, employment, education, and travel were restricted in the name of science,” Paul said. “While you did not impose every restriction, you used your public authority to justify them.”

He added, “While you concluded that Covid occurred naturally, your private record tells a different story.”

The hearing comes a few days after Paul published Fauci’s diary from the pandemic.

The diary showed Fauci was fixated on media coverage, often jotting down notes on press interviews and private conversations he had alongside stats on the rising death toll. Fauci’s diary also revealed his close ties to several prominent journalists, including the doctor writing about a “relaxed” dinner with CNN star Jake Tapper — a week after Fauci told Americans to “sacrifice” Thanksgiving.

Watch above via CNN.

New: The Mediaite One-Sheet "Newsletter of Newsletters"
Your daily summary and analysis of what the many, many media newsletters are saying and reporting. Subscribe now!