Mark Osler, a professor at the University of St. Thomas School of Law and director of its Federal Commutations Clinic, spoke with CNN about the legal questions surrounding Anthony Fauci’s decision to invoke the Fifth Amendment during Senate testimony. Osler explained how a presidential pardon may affect Fifth Amendment protections and discussed the legal arguments that could shape any future congressional contempt proceedings.
From the story:
Mark Osler, a law professor at the University of St. Thomas, wrote in an email that “the pardon would seem to cover Fauci’s previous congressional testimony prior to January 19, 2025. Thus, he can’t assert the 5th based on the fact that he may be asked questions that reveal his prior testimony as false (or at least subject to such a charge).”
But Osler said Fauci could argue his pardon has some holes that could be exploited – such as conduct that occurred before 2014 or that didn’t relate to his government service.
