Florida Attorney General James Uthmeier is opening a state investigation into Dr. Anthony Fauci after the former federal health official invoked the Fifth Amendment more than 100 times during a heated Senate hearing on the COVID-19 pandemic. Uthmeier announced the probe Wednesday shortly after senators finished questioning Fauci about the origins of the virus, government-funded research, and decisions made during the pandemic. The state investigation creates a potential avenue for scrutiny that would not automatically be blocked by the federal pardon former President Joe Biden issued to Fauci before leaving office.
Fauci appeared before the Senate Homeland Security and Governmental Affairs Committee after being subpoenaed by Chairman Rand Paul (R-KY), who has spent years investigating the federal government’s role in funding coronavirus research. The hearing examined the origins of COVID-19, the government’s response to the outbreak, and whether federal officials concealed or destroyed records connected to those matters. Fauci announced at the beginning of the hearing that he would refuse to answer questions under the advice of his attorneys.
“Under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions,” Fauci said. He then used that same response throughout the hearing, declining to answer questions from Paul and other senators. His refusal extended even to basic questions intended to establish how broadly he planned to assert the constitutional protection.
As The Hill reported, Uthmeier announced the Florida investigation in a social media post following the hearing. “Fauci’s lack of candor to Congress is unbelievable,” the attorney general wrote. “My office is launching an investigation into Dr. Fauci. It’s past time we get the truth of what happened during COVID.”
Uthmeier did not immediately identify the specific Florida statutes his office would examine, the precise conduct under investigation, or whether investigators had issued subpoenas. No state charges have been filed against Fauci at this time. The decision nevertheless opens a new front because a presidential pardon can protect a recipient from federal prosecution but cannot automatically eliminate potential exposure under state law.
Biden issued Fauci a sweeping preemptive federal pardon during his final hours in office in January 2025, claiming the protection was necessary to prevent what he described as “politically motivated prosecutions”. The pardon covered potential federal offenses connected to Fauci’s government service, creating a major obstacle for officials seeking federal charges based on his pandemic-era conduct. It does not give Fauci blanket immunity from state investigations, state criminal charges, civil lawsuits, or new offenses allegedly committed after the pardon was issued.
Paul repeatedly challenged Fauci’s decision to invoke the Fifth Amendment despite the existence of the federal pardon. The Kentucky senator maintained that the pardon removed the threat of federal prosecution for the conduct it covered and questioned whether Fauci could continue refusing to testify about those matters. Fauci’s attorneys argued that he still faced potential legal exposure, including possible state proceedings and new charges such as perjury if he gave inaccurate testimony.
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Florida Senators Ashley Moody and Rick Scott were among the lawmakers who attempted to question Fauci during the hearing. Their questions addressed the federal response to COVID-19, Fauci’s private writings, communications between health officials, and concerns that government employees may have used private email accounts to evade public-record requirements. Fauci declined to provide substantive answers, continuing to cite his Fifth Amendment rights throughout their allotted time.
Paul warned Fauci during the hearing that the committee would consider further action over his refusal to testify after being directed to answer. The chairman said the committee plans to vote on whether to hold Fauci in contempt of Congress, although any subsequent prosecution would require additional action. “The committee will have to consider after this hearing what appropriate action should be taken against you for the failure to testify after being directed to do so,” Paul said. “There will be repercussions to your refusal to testify today.”