Law Professor on CNN Warns Fauci Pleading the Fifth ‘Makes Things Worse’ for Him

NYU School of Law professor Ryan Goodman warned that Dr. Anthony Fauci’s decision to repeatedly invoke the Fifth Amendment during a combative Senate hearing on Wednesday could leave him in a “worse” position.

Fauci, who appeared before a panel led by Republicans accusing him of helping to cause the Covid-19 pandemic and suggesting he profited while Americans died, answered nearly every question by saying: “On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution.”

Fauci invoked that protection more than 100 times during a hearing that lasted nearly three hours.

However, while appearing on CNN’s OutFront with host Erin Burnett on Wednesday evening, Goodman questioned the legal strategy behind Fauci’s repeated refusal to answer questions.

“Ryan, 112 times to invoke the Fifth Amendment. I mean, you can’t even string all that together. That obviously sends a message. Will that strategy work? Because he says, ‘Well, I had to do that because, you know, they’re looking for perjury traps’ – or does that just make it worse? And is he in real trouble?” she asked.

“I think it makes it worse,” Goodman replied.

He continued: “It’s even a curious way in which you wonder what his legal advice was, why they decided to do that, because he does not face criminal jeopardy for the pardon, in all likelihood, he’s pardoned for all actions before January 2025.”

“But that also means that you’re forced to testify,” Goodman continued, explaining that prosecutors often rely on immunity or pardons to compel testimony. “So then to plead the Fifth is actually, he could then be held in contempt, there could be, theoretically at least, a Justice Department that goes after him for not answering when he is not really facing criminal charges.”

Burnett said Fauci’s explanation that he was avoiding “perjury traps” could prove a difficult sell.

“Then, of course, again, to the layperson, it’s the saying, well, why wouldn’t you just say the truth? What would be the problem in that?” she said. “I understand that’s a layperson thing, but it doesn’t sound good.”

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!