_________. __ ____________________ _ ______ ________ _______ _______._______ _____

MICHAEL HILTZIK

Los Angeles Times

There’s a comic trope beloved by playwrights, novelists and screenwriters about the fighters all suited up for battle, only to discover that their adversary refuses to play.

A real-life example of this stratagem unfolded Wednesday on Capitol Hill, where Sen. Rand Paul, R-Ky., convened a committee hearing aimed at trapping Dr. Anthony Fauci into saying something under oath that Paul could use to prosecute him for perjury.

Fauci, who was appearing before Paul’s Homeland Security and Governmental Affairs Committee under subpoena, took the weapon out of Paul’s hands by simply refusing to answer a single question other than to state — 116 times by my count — “On the advice of counsel, I respectfully decline to answer based upon my rights under the 5th Amendment to the Constitution.”

During the nearly three-hour hearing, Fauci’s response left Paul and his seven GOP colleagues on the panel confronting a brick wall. They resorted to the common, if infantile tactic of asking repeated simple but irrelevant questions in an attempt to embarrass their target.

“What day of the week is it today?” Sen. Josh Hawley, R-Mo., asked. “What color tie are you wearing?” He elicited the same boilerplate response.

Presumably most of the senators were aware that protocol requires a witness pleading the Fifth to plead it to all questions. Certainly Sen. Rick Scott, R-Fla., who participated in this performative charade, knew that. During a 2000 civil deposition in a lawsuit related to the healthcare firm Columbia/ HCA, of which he was chief executive until 1997, he pleaded the Fifth at least 55 times, using phraseology almost identical to Fauci’s.

(Scott left his post after it was learned that his company was under investigation for filing false claims with Medicare and other government healthcare programs. By 2000, it had paid $1.7 billion in fines, penalties and restitution, which the Justice Department called “by far the largest recovery ever reached by the government in a healthcare fraud investigation.” Scott wasn’t charged personally with wrongdoing.)

Trump knows too. At a civil deposition in 2022, he invoked the Fifth more than 440 times.

They all know too that the Supreme Court has upheld the idea that the Fifth protects not only the guilty but also the innocent. So their shtick about how Fauci wouldn’t be pleading the Fifth unless he had something to hide is sheer duplicity.

Fauci, 85, and his lawyers presumably knew they had no choice but to turn away all questions. Experience told him that engaging with Paul would merely feed what Fauci, in a brief opening statement, labeled Paul’s “unhinged obsession” with blaming him for the COVID-19 pandemic.

It was left to the Republicans to fulminate into the wind about how Fauci is a “megalomaniac” (Sen. Bernie Moreno, R-Ohio) or “a villain” (Scott), or worse. Early in the proceedings, Paul ordered Fauci’s lawyer, David Schertler, from the hearing room for trying to make a statement on his client’s behalf.

Let’s examine the backdrop to Wednesday’s farce.

As I have documented many times over the last five years, Republicans and right-wingers are fixated on the notion that the SARS-CoV-2 virus, which causes COVID, escaped from a Chinese lab to infect the rest of the world.

There is not a speck of evidence to validate that theory. Rather, it’s the overwhelming consensus of epidemiologists and virologists that COVID originated in wildlife, probably bats, and migrated to humankind via the illicit trade in wildlife in China and other south Asian territories, a process known as zoonosis.

The case against Fauci, who retired in 2022, rests on several false claims. One is that as director of the National Institute of Allergy and Infectious Diseases, he manipulated scientists into downplaying the lab-leak theory in favor of zoonosis.

His accusers base this idea on questions raised by the first scientists who examined the virus in early 2021, literally days and weeks after it appeared and it was a pathogen new to everybody. Some hadn’t seen some features of the virus in the wild, so they pondered whether it was man-made.

But they were wrong — the features were familiar to virologists, just not to the ones examining SARS-CoV-2. Following the science, they came to discard the lab-leak theory as nothing more than an exceptionally remote possibility; that conclusion has held up over time. Fauci didn’t downplay the possibility of a lab leak in his discussions with scientists, as his enemies claim, but instead urged them repeatedly to follow their research wherever it took them.