Sen. Josh Hawley, R-Mo., took an unusual approach during Wednesday’s Senate hearing with Dr. Anthony Fauci, attempting to test the former public health official’s repeated invocation of the Fifth Amendment by asking him a series of simple, non-substantive questions.
Fauci appeared before Congress just days after his 2020 diary entries were made public. Throughout the hearing, Republican senators questioned the former Chief Medical Advisor to the President about his role during the COVID-19 pandemic, including his guidance on pandemic-related policies and his leadership during that period.
Rather than answer the questions, Fauci repeatedly invoked his Fifth Amendment right against self-incrimination.
When Hawley’s turn arrived, the Missouri Republican sought to determine whether Fauci would invoke the Fifth Amendment even when asked basic factual questions that appeared unrelated to the hearing’s central issues.
Opening his questioning, Hawley remarked, “Well, nothing says honesty like taking the fifth, huh, doc? Let’s try something.”
He then asked Fauci what day of the week it was.
“On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment of the Constitution,” Fauci responded.
Hawley immediately followed with another simple question.
“What color tie are you wearing?” he asked.
Fauci gave the same response.
“On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution.”
The senator then asked Fauci about the carpet in front of him.
“What color is the carpet in front of you?”
Again, Fauci declined to answer, repeating nearly identical language as he invoked the Fifth Amendment.
The exchange underscored Fauci’s consistent legal strategy throughout the hearing, as he refused to answer questions regardless of their subject matter.
After posing the basic questions, Hawley shifted to broader accusations concerning Fauci’s conduct during the COVID-19 pandemic.
The senator alleged that Fauci refused to answer because he had engaged in misconduct during his time leading the nation’s pandemic response.
“You got rich while people were dying, hundreds of thousands of Americans — over a million in the end — and you were getting rich,” Hawley said.
He continued by accusing Fauci of using federal employees and taxpayer-funded resources to pursue personal financial awards during the pandemic.
“And not only were you doing that, you were using federal employees with taxpayer money to apply for and solicit cash prizes — for you, personally — cash prizes totaling over a million dollars,” Hawley said.
“You did all of that during the pandemic, didn’t you? That’s a question.”
Fauci once again declined to answer, invoking his Fifth Amendment rights rather than responding to Hawley’s allegations.
The exchange mirrored Fauci’s approach throughout the hearing, during which he consistently refused to answer questions posed by Republican members of the committee. Instead, he relied on the advice of counsel and repeatedly cited his constitutional right against self-incrimination.
Hawley’s questioning stood out because it began with a series of straightforward questions unrelated to the pandemic before transitioning into accusations about Fauci’s conduct during his tenure as the nation’s top infectious disease official. Even when asked seemingly harmless questions about the day of the week, his necktie, and the carpet in front of him, Fauci maintained the same legal strategy and declined to provide any response beyond invoking the Fifth Amendment.
