Swain: Fauci Took the Fifth Because ‘He Would Incriminate Himself by Telling the Truth’

Kaitlin Housler
Fauci Testimony

Author and retired college professor Dr. Carol Swain and The Tennessee Star’s CEO and Editor-in-Chief Michael Patrick Leahy weighed in Wednesday on former White House COVID-19 adviser Dr. Anthony Fauci’s decision to repeatedly invoke his Fifth Amendment rights during a U.S. Senate hearing led by U.S. Senator Rand Paul (R-KY), arguing the testimony raised additional questions about Fauci’s conduct during the pandemic.

Fauci, who was pardoned by former President Joe Biden on his final day in office, declined to answer questions before the Senate Homeland Security and Governmental Affairs Committee, invoking his constitutional right against self-incrimination after stating he believed Paul was attempting to entrap him in a “perjury trap.”

Discussing the hearing during Wednesday’s edition of The Michael Patrick Leahy Show, Leahy predicted Fauci would invoke the Fifth Amendment repeatedly throughout the proceedings.

“If we were really into prediction markets, last night the big question would’ve been what’s the over under on how many times Anthony Fauci will take the Fifth Amendment?” Leahy said. “I would’ve said probably over 100. I think that will end up being the right answer.”

Swain suggested Fauci’s legal strategy was directed by his attorneys.

“He’s lawyered up, and so whatever they told him to do, and obviously they told him… don’t say anything, take the Fifth, that’s what he’s doing,” Swain said.

The two also discussed a procedural dispute during the hearing after Paul’s committee reportedly removed Fauci’s attorney from the witness table following repeated interruptions.

“What does that tell you about Fauci’s position that he is… so insecure or so afraid that the attorney has to sit right next to him to hold his hands?” Swain asked.

After listening to a clip of Fauci’s opening statement, in which he accused Paul of pursuing an “unhinged obsession” with him, Swain argued the senator’s scrutiny of Fauci predated the Trump administration’s criticism.

“I don’t think President Trump has been obsessed with Anthony Fauci. Rand Paul has been after him from day one,” Swain said.

Leahy then read aloud the text of the Fifth Amendment before offering his own interpretation of Fauci’s decision to invoke it.

“I think so,” Leahy said after Swain remarked, “It’s obvious that he knows that he would incriminate himself by telling the truth.”

Leahy praised Paul’s questioning style after the senator repeatedly asked Fauci whether he funded gain-of-function research in China, receiving the same Fifth Amendment response each time.

“I like the style that Rand Paul is using here. He’s not haranguing him. He’s very measured. He’s just laying out the facts,” Leahy said.

Swain responded, “Well, facts can be pesky little things when you’re guilty.”

Leahy further suggested Fauci appeared increasingly uncomfortable as the hearing progressed.

“I’ve noticed as the inquiry went on, Fauci’s delivery of his Fifth Amendment assertion got shakier and shakier. I think he knows that people are onto…him basically misrepresenting pretty much everything involved in COVID,” Leahy said.

Looking ahead, Swain questioned whether the hearing would ultimately result in any legal consequences.

“What do you think the next step will be? Because we know that he is unlikely to be prosecuted,” she asked.

Leahy replied that he was less certain, suggesting Paul may have been establishing a legal foundation for future action.

“I’m not so sure. If you notice that I think Rand Paul was laying the predicate there, saying, ‘Look, if you’ve been called here under a subpoena, you’re required by law to respond.’ And so I think there’ll be some back and forth on it. Right now, though…the press coverage is gonna be fascinating,” Leahy said.

Watch:

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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network.

 

 

 

 

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