They Built the Trap. Dr. Fauci Refused to Step In It.
Rand Paul Told the Cameras He Wants Fauci in Prison. Then He Acted Shocked When Fauci Brought Lawyers.
COVID-19 became one of the deadliest global health emergencies in modern history. The World Health Organization’s latest cumulative data list approximately 103.4 million confirmed cases and 1.24 million reported deaths in the United States, and about 779.3 million confirmed cases and 7.12 million reported deaths worldwide. These figures do not reveal the exact number of people who became sick because many infections were never tested or reported, some individuals were infected more than once, and comprehensive case reporting has been reduced or discontinued in many places. To measure the broader human cost, WHO estimates that the pandemic was associated with 22.1 million excess deaths worldwide from 2020 through 2023, including both deaths caused directly by COVID-19 and indirect deaths resulting from the pandemic’s effects on health systems and society.
Why Dr. Anthony Fauci Pleading the Fifth Was the Smartest Legal Decision Made in That Room
They put a man of 85 under subpoena. They took 1,100 pages of his private diary and posted it on the internet over a weekend, pulled it down Monday night, reposted it Tuesday morning with the redactions they should have applied the first time. Nobody warned him it was coming. Then they sat in a marble room in the Dirksen building and acted wounded when he arrived with lawyers.1
Here is the question nobody in that hearing wanted spoken out loud. If the Fifth Amendment truly does not protect Anthony Fauci, why did the chairman and the Health Secretary spend the entire week before the hearing explaining, on camera, exactly how they planned to prosecute him the moment he opened his mouth?
I am going to walk you through the paper trail. By the time you finish reading, you will know who built the trap, how they described it in their own voices, what the calendar tells you about why this week of all weeks, and why one sentence of 21 words repeated 106 times was the most competent piece of lawyering anyone did in that building on Wednesday.
But first, watch Lawrence O’Donnell’s clip from last night that explains to you who Dr. Anthony Fauci is and why he invoked his Fifth Amendment right. If you’re interested in learning the facts, then this is a “must watch” video to watch and share.
Twenty One Words, One Hundred Six Times
Fauci invoked his Fifth Amendment right 106 times. Republican senators tried to bait him into speaking. Senator Josh Hawley asked him to name the color of his tie and the color of the carpet. Same answer every time. On the advice of counsel, he respectfully declined based on his rights under the Fifth Amendment.
Put that in context. This is a man who came to Capitol Hill roughly 250 times over his career to talk about HIV and AIDS, about Ebola, about every outbreak that frightened this country for four decades. He built a career on showing up and answering. He stopped answering on Wednesday for one reason, and the reason has a name.
The trap, described out loud by the people who built it
Watch How Openly They Said The Quiet Part
Senator Rand Paul has made no secret of his desire to see Fauci behind bars. Fauci said so from the witness table, pointing to the senator’s obvious obsession with calling for his prosecution.
Now hold that next to the legal commentary Republicans themselves were pushing all week. John Yoo went on Fox News and explained that the clemency Joe Biden granted covers only what Fauci said and did before the pardon was signed, and that a false statement under oath now counts as a fresh federal offense prosecutors are free to pursue. Hell, posting pictures of seashells can get you indicted to seriously folks, let’s be real.
Perjury before Congress lives at 18 U.S.C. § 1621. Any material false statement made under oath in that room becomes a new crime committed after the pardon’s effective date. Constitutional attorney Ross Garber laid out the committee’s two enforcement paths, civil litigation to compel testimony or a criminal contempt referral to the Justice Department.
Read those sentences again slowly. The people telling you Fauci had no reason to fear prosecution are the same people publishing a step by step guide to prosecuting him. His pardon reaches back only to January 2025. Everything spoken after that date sits unprotected, including any perjury theory a Trump Justice Department decides to chase. A federal prosecutor with a grudge and a transcript is all the exposure a lawyer needs to see.
Any defense attorney in America who advised him to answer questions under those conditions would be committing malpractice. His lawyers earned every dollar.2
Paul’s own theory collapsed the second he explained it
Paul claimed the privilege was unsupported because of the blanket pardon and because Fauci waived it by speaking at the start of the hearing. He told reporters afterward that maybe the Fifth Amendment does not attach when you have a pardon in place.
Then he admitted the whole thing. Standing outside the hearing room, Paul conceded his theory has “probably never been tested legally”.
A United States senator subpoenaed a private citizen, dumped his diary, threatened him with prosecution, and built the entire proceeding on a constitutional theory he acknowledges no court has ever endorsed. That is not oversight. That is a man running an experiment on another human being’s liberty and calling it a hearing.
They Took His Diary Off Government Servers and Never Told Him
Health and Human Services Secretary Robert F. Kennedy Jr. went on Fox News Monday night and said he had handed the files to Paul and to Senator Ron Johnson after an eight month search of government servers. Neither HHS nor the committee alerted Fauci that they had his diary or that they intended to publish all of it. Kennedy posted a video on X boasting about digging the material “out of 11 separate servers”.
Eight months. Eleven servers. A cabinet secretary personally couriering a private citizen’s journal to a senator who has promised to jail him.
And what did the country get for all that effort? Diary entries where a frightened public health official writes entries in ninety nine percent of it about his research and work, and one percent about a flattering Washington Post profile and confesses that his sudden fame felt unimaginable. The kind of thing any serious expert would keep track of. Notes full of the typos and half sentences of a man scribbling fast at the end of impossible days.
Your tax dollars funded an eight month hunt for a man’s diary. Sit with that.
Now Look at the Calendar
Here is the part they are counting on you missing.
The Justice Department released 3.5 million pages of Epstein material, redacted it heavily, and withheld another 3 million pages, drawing lawsuits from people who say the department is shielding rich and powerful men named in the files. Judge Emmet Sullivan ordered the department to hand over the withheld and redacted documents for private review by Thursday, which sets up a possible new public release. Sullivan had already noted the Epstein Files Transparency Act required the Attorney General to produce the documents and publish the log by December 19, 2025, more than six months before. House Democrats opened an investigation into whether Jeffrey Epstein acted as a foreign agent.
The Fauci hearing landed on Wednesday. The Epstein deadline landed on Thursday.
Even the trade press covering health policy saw the play, noting the President’s polling had tanked, the Iran conflict was proving hard to end, oil prices had soared, and that giving the public another issue to chew on might pull attention away from that pile of trouble.
Anthony Fauci is 85 years old and retired in 2022. He is the shiny object. The Epstein files are the story.
Removing a Lawyer From the Room
Capitol Police removed Fauci’s attorney, David Schertler, from the hearing at the chairman’s direction. Paul warned Fauci that obstructing a congressional investigation breaks the law and that there would be repercussions.
A senator had a citizen’s defense counsel physically escorted out of a proceeding where that citizen faced an announced criminal threat. In any courtroom in this country, a judge who did that would be removed from the bench before lunch.
Let Them Hold the Contempt Vote
The committee votes on a criminal contempt referral at a business meeting at 10 a.m. on August 5. An affirmative vote sends the matter to the Justice Department, which then decides whether to pursue it.
Make a federal court say out loud that an American facing a publicly announced prosecution forfeits his right to silence because a previous president pardoned him for different conduct in a different year. Make the Justice Department stand at a podium and argue it. That case does not end where Rand Paul imagines it ends, and every lawyer in Washington knows it.
Four Hundred and Forty Times
In August 2022, Donald Trump sat for a four hour deposition with the New York Attorney General’s office and invoked the Fifth Amendment more than 440 times. He answered exactly one question, his name.
In 2016 he told the country that people who take the Fifth are guilty of something, asking “If you’re innocent, why are you taking the Fifth Amendment?” After his own deposition he said he finally knew the answer to his own question, and that when your family and your company become targets of a politically motivated investigation, you have no choice. He later called the session a very professional meeting.
Four hundred forty for him. One hundred six for the doctor. Same amendment. Same Constitution. Roll the video and watch who has an objection.
Look, in my opinion, Fauci should never have walked into that room for a proceeding built to distract you and set him up for prosecution. But if, because of the subpoena, he felt a legal obligation to appear, it’s clear to me that he also made the right call the second he sat down, and every hour of legal advice he paid for was worth it. The Fifth Amendment exists precisely for a citizen dragged before power by someone who has already announced the verdict.
Ask James Comey What a Federal Charge Means
The Justice Department has indicted James Comey twice in under a year. The first indictment, over his 2020 congressional testimony, died in November 2025 when Judge Cameron Currie ruled that Lindsey Halligan, Trump’s former personal attorney with no prosecutorial experience, had been unlawfully appointed and that everything she touched was void; the five-year clock on those charges had already run out three days after she took the office.
Next, prosecutors charged Comey again, this time in North Carolina, over an Instagram photo of seashells arranged to read 8647. A federal judge in Washington has already ruled that no reasonable observer would read an 8647 display as a true threat, and government lawyers conceded in open court that context decides the question. They charged him anyway.
Comey’s own filing names the stakes better than I can: forcing a man to spend hundreds of thousands of dollars, maybe millions, in legal fees to defend himself and potentially stand trial for an image posted on Instagram. That is the machine Anthony Fauci was looking at when he decided to stop talking.
Dr. Fauci’s silence in that chair is not a confession. Silence in that chair is a free man refusing to hand a weapon to the person aiming at him.
Here is what these hearings are counting on. They need your attention to be cheap, your memory to be short, and your outrage to burn out by Friday. They need you watching a retired scientist in a hearing room on Wednesday so nobody asks what a federal judge is reading on Thursday.
Refuse to Be Managed
Share this with the person in your life who thinks pleading the Fifth means guilt. Post about Trump’s 440 times he pled the Fifth under every clip you see this week. Call your senator’s office on August 5 and ask them, on the record, whether they support jailing a citizen for exercising the Bill of Rights. Ask them what happened to the 3 million withheld Epstein file pages.
Then vote in the midterms. Every single one of these people has a boss, and it is you.
Mitch Jackson, Esq.
My Final Thoughts
The only person who belongs in a criminal courtroom over Covid is Donald Trump. He owed a duty to the people of this country, a plain one, the same duty every public official swears to carry, and he set it down. He watched the thing come and told the country it would vanish. He had the briefings, the warnings, the numbers, the weeks that mattered. Instead of taking action early on, he downplayed the problem by managing the story. Americans believed him because back then, believing your president is what decent people do. They went to work. They went to church. They held the hands of parents who never came home. They trusted him and they died for it.
Listen to these recorded interview clips with journalist Bob Woodward.
February 7, 2020. Trump told Woodward the virus goes through the air, that it was more deadly than even a strenuous flu, and called it deadly stuff.
March 19, 2020. “I wanted to always play it down. I still like playing it down because I don’t want to create a panic.”
Audio
What in the world would Anthony Fauci have to gain by misleading the American public about COVID?
Sit with that question, because nobody in that hearing room yesterday would answer it. Look at the man they were shouting at. He grew up above his father’s Brooklyn pharmacy delivering prescriptions by bicycle. He graduated first in his class at Cornell Medical College in 1966, joined the National Institutes of Health in 1968, and never left, taking the directorship of NIAID in 1984 only on the condition that he keep running his own laboratory, because he wanted the science more than the title. He took that job as AIDS was tearing through American cities. When activists hanged him in effigy, he walked out and met them face to face, then spent years fighting to get experimental drugs into the hands of dying patients and treating HIV patients himself in the era when many physicians would not enter the room. He became a principal architect of PEPFAR under George W. Bush, the program credited with saving more than 25 million lives. Bush handed him the Presidential Medal of Freedom in 2008, three years after the National Medal of Science. Thirty eight years running NIAID. More than fifty years of public service. Seven presidents, starting with Reagan, through HIV, West Nile, anthrax, pandemic flu, Ebola, Zika and yes, Covid.
So run the arithmetic. In January of 2020 this man was seventy nine years old with every honor American medicine can hand a human being already sitting on his shelf. No election in front of him. No donors. No rally crowd. No poll number. He could have walked away that morning and every medical school in the country would have put his name on a building. Now tell me the payoff. Tell me the specific thing he was chasing that was worth burning a fifty year record built one patient at a time. Nobody has ever named it, because there is nothing to name, and a man with nothing left to win has nothing left to lie for.
Now watch what happened yesterday and ask yourself who was performing. Senators cursing at an eighty five year old physician. A chairman who has promised the cameras for years that he wants this man behind bars. A cabinet secretary who spent eight months digging through eleven government servers to find a private diary and then handed it over for a weekend news cycle. None of that is oversight. That is an audition, and there is exactly one seat in the room that matters, and it is in the Oval Office.
Then look at the calendar, because that is where the whole thing gives itself away. They held this circus on Wednesday. On Thursday, the Justice Department had to hand a federal judge the Epstein documents it has been withholding for more than six months past the deadline Congress set in law. A retired scientist’s diary from 2020 is the shiny object. Three million Epstein files are the story. They are not investigating Anthony Fauci. They are changing the subject, and they are counting on you to follow the noise.
The Fifth Amendment to the United States Constitution, in full:
“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.”




I still remember when, on January 19, 2021, Trump awarded the Presidential Commendation to Dr. Fauci. Now, he's sicking his MAGA dogs on the 85-year-old retired doctor. It's discussing to watch, and they're going to hear our response in this year's midterm elections. And one more thing, Donald and Todd, RELEASE ALL THE EPSTEIN FILES AND START PROSECUTING THE PERPETRATORS. Full stop!
I'm glad you embedded the Lawrence O'Donnell video. As I watched it a few hours earlier, I thought, "If everyone could watch just one video about the Fauci hearing, this should be the video."
John Brennan. James Comey. Cassidy Hutchinson. Jerome Powell. Jack Smith. All testified before Congress. And all were rewarded by being falsely accused of lying to Congress.
Senator Paul has repeatedly called for Fauci’s arrest and imprisonment. In 2023, Paul published a book with Fauci on the cover in what he called the “Great Covid Cover-Up.”
The Senator's statements and writings overwhelmingly suggest that he was determined to send Fauci to prison no matter what Fauci would say, how he would say it, or what he would leave unsaid. In view of that evidence, pleading the Fifth was the only sane choice.
-- former federal prosecutors Glenn Kirschner, Andrew Weissman, Katie Phang, and Harry Littman