I will never forget this portrait composed of the faces of healthcare workers across the world who died from Covid. These are the heroes who should never be forgotten.
I want to explain this as best as I can, so bear with me. I had to search, study, and read various sources to make sure I had this right. And, I believe I do.
REGARDING DR. FAUCI'S TESTIMONY TODAY
For the most part, Dr. Anthony Fauci has been pleading the 5th Amendment in regards to numerous questions.
Under Supreme Court precedent, an accepted presidential pardon for federal offenses generally eliminates the ability to successfully invoke the 5th Amendment privilege against self-incrimination regarding those specific offenses.
Brown v. Walker (1896): The Court held that if a "witness has already received a pardon, he cannot longer set up his [5th Amendment] privilege, since he stands, with respect to such offense, as if it had never been committed."
HOWEVER....
Since a presidential pardon only eliminates federal criminal or prosecutorial risk for the SPECIFIC federal offenses it covers (in Dr. Fauci's case, his government service from January 1, 2014, through the January 19, 2025 pardon date), any NEW criminal accusations, or line of questioning, made today while under oath falls OUTSIDE the scope of that presidential pardon.
FOR EXAMPLE:
If he were to make any false statements to Congress (18 U.S.C. § 1001), his presidential pardon would NOT protect him. And bcos such potential NEW liabilities are not pardoned, his 5th Amendment privilege remains available with respect to answers that could tend to incriminate him on those new grounds, or that could supply a link in the chain of evidence for any other unpardoned federal or state offense.
The Supreme Court applied a practical test:
The 5th Amendment privilege can be claimed if the answer "would furnish a link in the chain of evidence needed to prosecute" for any potential crimes for which the witness STILL FACES REALISTIC JEOPARDY.
In Hoffman v. United States, 341 U.S. 479 (1951) the Supreme Court stated:
"The privilege afforded not only extends to answers that would in themselves support a conviction under a federal criminal statute but likewise embraces those which would furnish a link in the chain of evidence needed to prosecute the claimant for a federal crime."
The Hoffman practical test continues to apply to any remaining realistic criminal jeopardy that Dr. Fauci's pardon does not eliminate.
Eugene Volokh, of the UCLA School of Law and the Hoover Institution (in regards to Brown v. Walker where federal pardons eliminate the 5th Amendment privilege) and then explicitly applying the residual-risk analysis from Hoffman v. United States explained:
"But the privilege disappears only when there’s no realistic prospect of prosecution by any American government, federal or state. So if a witness is asked about something, and the answer might lead to state prosecution for which the state statute of limitations hasn’t run, the witness can refuse to testify because of that risk of state prosecution, even if a federal prosecution is taken off the table by the federal pardon."
IN SUMMARY:
The 5th Amendment privilege against self-incrimination is not limited to answers that would, by themselves, convict the witness. Which are taken away under a presidential pardon (Brown v. Walker).
The 5th Amendment also protects against answers that could supply a NEW "link in the chain of evidence" needed to prosecute the witness for a crime NOT covered by a presidential pardon (Hoffman v. United States).
The key requirement is that the witness must face a REALISTIC (not speculative) risk of NEW criminal prosecution charges by a government that can actually prosecute the offense.
And in Dr. Anthony Fauci's situation, @RandPaul has made it clear that he intends to see Fauci prosecuted. In June 2026, Rand posted that he had "re-referred Anthony Fauci to the DOJ for prosecution."
Therefore, Dr. Fauci has every legal right and reason to plead the 5th Amendment.
I HOPE THIS HELPS
The @GOP@Republicans are ssooooo scared of losing during the November midterms, they had to revive their conspiracy theories from a pandemic that happened 6 years ago.
The held a committee hearing about Dr. Fauci desperately hoping to distract the American people from the fact that they have done absolutely ZERO - NADA - ZILCH - ZIP - BUPKIS - DIDDLY-SQUAT for the country and her citizens.
THIS IS HOW DESPERATE THEY ARE
Healthcare worker here. I worked the COVID pandemic front lines. I can testify with 100% proven reliability that the only patients who died were primarily the UNVACCINATED.
Dr. Fauci is a deadly pathogen professional whose efforts and efficacy saved countless lives. The man’s a hero.
Why is everyone so fking angry at Fauci?
The man did his best in an impossible situation under Trump.
He’s the literal reason millions are still alive.
wtf.
To those excoriating Dr. Fauci for invoking his fifth amendment rights, please post your tweets criticizing Donald Trump for doing it over 400 times during his civil depositions in 2022.
Or every Republican when they were questioned about their involvement in J6.
I’ll wait.
@atrupar Yeah, putting pedos and predators in jail while giving Americans Universal Health Care is Peak communism.
Do these idiots in the GOP even hear themselves?
Federal agents were just told the FBI will no longer investigate confrontations with immigration officers…including cases with evidence that could implicate DHS agents in violent encounters. Accountability shouldn’t have an off switch. We have a WH full of criminals.
BREAKING: This account, which is dedicated to holding Trump and MAGA accountable for their lies, now has over 172,000 followers! Thank you for being part of this fast-growing online community. Can you retweet and follow to help us get to 175,000 followers?
@lisabaldwinson@RpsAgainstTrump In the rehab center you are REQUIRED to dress yourself in your regular street clothes every day.
Much different than a hospital.