Sen. Paul says there's a "very real chance" Fauci could be prosecuted after taking the 5th in Senate hearing

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July 29, 2026 / 7:11 PM EDT

/ CBS News

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Hours after Dr. Anthony Fauci invoked the Fifth Amendment in response to all questions during a Senate hearing, Republican Sen. Rand Paul of Kentucky told CBS News he believes the former infectious disease official could be prosecuted for not answering questions.The testimony followed years of fiery disputes between Paul and Fauci — both medical doctors — over the response to the COVID-19 pandemic and the origins of the virus that caused it. Fauci has long defended his handling of both issues, and Paul has repeatedly accused him of lying. Last weekend, Paul's office released a trove of journal entries penned by Fauci.In a brief opening statement in Wednesday's hearing, Fauci said he planned to assert the Fifth Amendment, arguing that Paul has an "obvious obsession with calling for my prosecution" and has made "slanderous comments" about him. He then invoked the Fifth Amendment for several hours as Paul and other Republicans criticized him and Democrats defended him.In an interview later Wednesday on CBS News' "The Takeout with Major Garrett," Paul argued Fauci's lack of answers could lead to federal criminal charges for contempt of Congress or obstructing a congressional proceeding."I think there is a very real chance that he could be prosecuted for that," Paul said.The Fifth Amendment to the U.S. Constitution grants people the right not to incriminate themselves, which generally allows them to decline to answer questions. But in this case, Paul argues, a preemptive pardon that former President Joe Biden issued to Fauci just hours before leaving office could prevent Fauci from invoking the Fifth Amendment since he cannot be prosecuted for any of the issues that lawmakers asked about.