August 14, 2026
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11:15Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover the Senate Homeland Security Committee's party-line vote to hold Dr. Anthony Fauci in contempt of Congress after he invoked the Fifth Amendment more than 100 times at a hearing chaired by Senator Rand Paul. Brian walks through why the leading Republican arguments don't hold up: an opening statement is not a waiver of the Fifth Amendment, a precedent going back to IRS official Lois Lerner's 2013 testimony, and Joe Biden's pardon covering conduct through January 2025 has no bearing on new testimony given under oath in 2026, nor does it block potential state prosecutions in the red states already circling. Shant notes the practical dead end: sending the contempt resolution to the full Senate would require 60 votes it doesn't have, so Paul instead referred it directly to the Trump Justice Department, which has confirmed receiving it. Brian and Shant agree the DOJ would still need to prove willful contempt, a high bar experts say gives Fauci a strong motion to dismiss. Shant's bottom line: this is largely theater ahead of the midterms, giving Republicans a rallying point against a familiar scapegoat, but the legal mechanics of the Fifth Amendment aren't on their side.
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