FAUCI IN DANGER OF PROSECUTION FOR HIS HEARING

I think everyone paying attention to the news cycle this week saw the video of Dr. Fauci, the head doctor for COVID-19 under Biden, testified in his senate hearing.  Fauci invoked his 5th amendment right to avoid self incrimination and not answer a single question imposed by the senate. In fact, Fauci invoked this right 111 times during the duration of the hearing.  However, something very interesting occurred during his refusal to answer questions.  Sen. Josh Hawley, during his line of questioning with Dr. Fauci, brings up a specific area of case law that could place Fauci in danger of prosecution. Sen. Hawley states with conviction that due to this case law, Fauci does not have a 5th amendment right subsequent to his presidential pardon from Biden.  The specifics are a little confusing, so allow me to walk you through the laws at play.

Firstly, let’s cover the 5th amendment.  Here is the raw text from our constitution:

5th Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The line in bold: “nor shall be compelled in any criminal case to be a witness against himself”, is the important section in play here.  This essentially means that you cannot be forced to self incriminate yourself during a trial or hearing. So, what Fauci is doing by “invoking his 5th amendment right” is saying: “I will not speak because I do not wish to incriminate myself with my own answers”.  

Sounds like the actions of an innocent man, right? This goes to show that Fauci is fully aware of the wrongdoing he took part in during the COVID-19 pandemic.  In fact, he did so much harm and deception that he is even refusing to answer a question such as: “What color is the carpet in front of you?”  It is truly stunning to witness.  See the sources below for a link to the full hearing.

Now for the important part.  Why would someone invoking their 5th amendment right possibly constitute valid grounds for prosecution?  The answer comes with the combination of his full presidential pardon, and his invocation of the 5th amendment.  Sen. Hawley tells Fauci during his questioning that he does not have a 5th amendment right due to the case law from “Brown V Walker” (1896).

What does Brown V Walker say?  This is a ruling from a lower court in Pennsylvania that was affirmed by the US Supreme court in 1896.  What this legal precedent states is that someone who has received legal immunity loses their right to 5th amendment self incrimination.  This specific case of Brown V Walker is in regards to a gentleman by the name of J.R. Brown.  Brown was an auditor for a railway company, and was subpoenaed (ordered to testify by a judge) in regards to violations of a federal interstate commerce act.  

Brown showed up to court, but refused to answer questions due to the fact that it may incriminate him.  Brown was also operating under a degree of federal immunity in this case.  The judge held him in contempt of court, stating that due to his immunity he could not be incriminated in the first place.  He was simply being uncooperative. Brown appealed this ruling, and the case made its way all the way up to the supreme court.  The supreme court upheld the lower court’s decision; agreeing that Brown was being uncooperative and should be held in contempt.

So, in layman’s terms, how does this apply to Anthony Fauci?  Fauci has a presidential pardon.  Fauci cannot be incriminated of any crimes that occurred during the years he was involved with COVID-19 due to this pardon.  Fauci is specifically being asked questions about COVID-19.  He should feel free to answer due to his pardon.  He did not answer any questions.  According to Brown V Walker, since he is operating under his pardon, Fauci cannot invoke his 5th amendment right to self incrimination, because he cannot be incriminated. Due to the totality of these circumstances, the senate committee has a very good case for holding Fauci in contempt of court.  This is because, much like J.R. Brown, Fauci is simply being uncooperative with the legal process.  

We may not get any justice for the specific lies and crimes committed by Fauci during COVID-19 due to Biden’s sweeping pardon.  However, due to Fauci’s own actions and attitude in the senate hearing, he may receive prosecution on the legal foundation of Brown V Walker.  If that occurs, maybe some justice will be served for those harmed by COVID-19.

Sources: