Government,
Constitutional Law
Aug. 7, 2026
Pardon me but Fauci may have a point
A Senate contempt finding against Dr. Anthony Fauci for invoking the Fifth Amendment raises complex constitutional questions about presidential pardons, potential state prosecution, and whether his testimony waiver arguments are legally sufficient.
Stephen Kaus
Stephen Kaus is a retired judge of the Alameda County Superior Court, where he served for 12 years until 2024. He is now a private arbitrator and mediator. Prior to that, he was a public defender in Contra Costa County and civil litigator in San Francisco.
Last week, Dr. Anthony Fauci repeatedly invoked the Fifth Amendment during testimony before the Senate Homeland Security Committee. On Aug. 6, the committee held him in contempt, arguing that his presidential pardon eliminated his privilege against self-incrimination and that his opening statement waived any remaining protection.
Before invoking the Fifth Amendment more than 100 times, Fauci delivered an opening statement accusing Sen. Rand Paul of an "o...
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