An excerpt from a thorough analysis published on FoxNews.com discusses the propriety of Fauci invoking the Fifth Amendment.
Several considerations point toward the impropriety of Fauci’s exercise of the Fifth Amendment privilege. Two stand out as decisive.
The first factor concerns Fauci’s pardon. The second is timing: Fauci stepped away from public service in 2022, which makes it unlikely that any state offense he might have committed would fall under the applicable statute of limitations, assuming a state could credibly allege such a crime or that venue would be proper there. In Hoffman v. United States (1951), the Supreme Court held that the privilege against self-incrimination protects against real dangers rather than remote or speculative possibilities.
Two additional points are clear. First, a witness may refuse to answer questions that could expose him to criminal liability, not merely to avoid embarrassment. Second, a witness cannot rely on the Fifth Amendment because he believes he will be charged with perjury even if he tells the truth.
On the other hand, there are arguments in Fauci’s favor. First, supporters, including President Trump and several Republican lawmakers, contend that Biden’s late pardons, potentially extending to Fauci, are invalid because Biden’s aides allegedly used an autopen to sign them without his knowledge or approval. If Fauci’s pardon were voided, he could face federal charges for offenses during the period covered by Biden’s pardon.
Second, a number of state attorneys general have announced investigations to determine whether Fauci committed any state crimes connected to his service in government. They may be aiming for a perjury charge based on deposition testimony Fauci gave in Covid-related litigation. The outcome may be uncertain, but Fauci can reasonably be seen as still facing legal jeopardy. These statements alone make it more likely that a judge would ultimately decide that Fauci’s invocation of the Fifth was appropriate….
The entire discussion is worth careful consideration.
