Do I remember correctly that he can't take the 5th? Of course, he'll have memory problems.
Dr. Anthony Fauci can theoretically invoke the Fifth Amendment during a congressional hearing, but legal experts note that the broad federal pardon he received removes his protection against self-incrimination for federal crimes, meaning he cannot claim a risk of federal jeopardy to refuse answers.
Legal Context of the Fifth Amendment and Pardons
General Right: Witnesses subpoenaed by Congress generally have a constitutional right to invoke the Fifth Amendment privilege against self-incrimination.
Impact of a Pardon: Because a federal pardon eliminates future legal jeopardy and criminal liability for covered federal offenses, a recipient can no longer legally claim self-incrimination regarding those federal acts.
Testifying Under Oath: With the federal risk removed by the pardon, refusing to answer questions or lying under oath can expose a witness to separate legal consequences like contempt or perjury charges
