Elie Honig told Stephen A. Smith that a Department of Justice prosecution of Dr. Anthony Fauci would likely fail because proving Fauci lacked a lawful right to invoke the Fifth Amendment would be very difficult. Honig argued that anyone in Fauci's position would have taken the Fifth and questioned attorneys who say otherwise. He added that Senator Rand Paul may seek perjury charges and noted a Senate committee voted 8‑7, along party lines, to hold Fauci in contempt.
Elie Honig Tells Stephen A. Smith DOJ Case Against Dr. Fauci Would "Crash and Burn"
CNN’s Elie Honig Tells Stephen A. Smith That Dr. Fauci Case Will ‘Crash and Burn’ if DOJ Prosecutes
CNN senior legal analyst Elie Honig told Stephen A. Smith on Thursday that any Department of Justice prosecution of Dr. Anthony Fauci would likely "crash and burn." In the interview, Honig argued that, from a legal standpoint, Fauci was entitled to invoke the Fifth Amendment and that proving otherwise beyond a reasonable doubt would be extremely difficult for prosecutors.
Honig's Legal Assessment
Honig said, "Anyone in Dr. Fauci's scenario would take the Fifth, and any lawyer who comes on here and tells you Fauci should not have taken the Fifth, you ask them, 'Would you have advised someone in Dr. Fauci's situation to take the Fifth?' Because the answer better be yes. And if it's not yes, then they're not a competent lawyer."
He emphasized the heavy burden that prosecutors would face: to obtain a criminal conviction, the Department of Justice would have to prove beyond a reasonable doubt that Fauci did not legitimately invoke his right against self-incrimination. Honig noted that, while reasonable people may debate the underlying facts or public policy implications, the legal standard makes a successful prosecution unlikely.
Distinguishing Legal Rights From Scientific Debate
Honig clarified that his comments were legal, not scientific: he was not weighing in on Fauci's medical or scientific record, but on whether a criminal case could overcome constitutional protections.
Potential Alternative Paths: Perjury and Congressional Action
Honig also suggested that Senator Rand Paul (R‑KY) might pursue perjury charges rather than relying on the DOJ to bring a successful criminal case. On Thursday, a Senate committee led by Paul voted 8‑7, along party lines, to hold Fauci in contempt for refusing to answer certain questions.
"All he had to do was tell the truth," Paul said ahead of the vote. "There will be another pandemic. The time to determine which legislative reforms are necessary to make sure the mistakes of the past are not repeated is now, not later."
The remarks were made during Honig's television interview with Stephen A. Smith.
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