Anthony Fauci invoked the Fifth Amendment more than 100 times during a Senate hearing on his handling of the Covid-19 pandemic, prompting Republican politicians and right-wing commentators to call for his imprisonment. The dispute matters because it tests whether a presidential pardon removes a witness’s right against self-incrimination and whether Congress could punish Fauci for refusing to answer questions.

Joe Biden issued Fauci a pre-emptive pardon covering federal conduct from 2014 to 2025, but not anything he might say or do afterwards. Senator Rand Paul plans a committee vote on holding Fauci in contempt of Congress, which could carry up to a year in prison and a $100,000 fine; however, a Senate conviction would require 60 votes and is considered unlikely. Legal precedent suggests pardoned people may still face contempt proceedings if they refuse to testify, but Fauci said he was invoking the Fifth Amendment to avoid being induced to make new potentially incriminating statements.