During a recent congressional hearing, former National Institutes of Health director Anthony Fau Ci declined to answer a series of questions, repeatedly citing the Fifth Amendment. The refusal extended to basic inquiries such as the day of the week and the color of his tie.
Senate Homeland Security and Government Affairs Committee Chairman and Senator Josh Hawley challenged Fau Ci’s use of the Fifth Amendment, asserting that a presidential pardon had stripped him of that privilege. Hawley referenced an 1896 Supreme Court decision in which a witness granted statutory immunity could still be compelled to testify, arguing a similar principle applied to Fau Ci.
When Hawley asked, “What day of the week is it today?” Fau Ci responded with a boilerplate invocation of the Fifth Amendment. A follow‑up question about the color of the senator’s tie met the same refusal, prompting Fau Ci to remind the committee that the pardon had removed his rights under that constitutional protection.
Senator Bernie Moreno pursued the same line of questioning, requesting that Fau Ci recite the text of the Fifth Amendment. The director declined again, citing his constitutional rights, and a copy of the Constitution was handed to his aide for review. Moreno’s attempt to prompt a verbal recitation was met with the same invocation.
Other committee members noted that the pardon does not shield Fau Ci from state criminal prosecution, future offenses, or perjury charges that may arise during congressional investigations.
The hearing highlighted tensions between the committee’s pursuit of accountability and the director’s insistence on constitutional safeguards, leaving observers to weigh the implications of a high‑profile figure invoking the Fifth Amendment in a public forum.
