WASHINGTON - TelAve -- Now that Dr. Anthony Fauci has wisely, on the advice of his lawyers, refused to answer questions, several others have joined with public interest law professor in suggesting that he be granted immunity to force him to testify.

Immediately following Fauci's assertion of his Fifth Amendment privilege, Professor Banzhaf wrote:

"Fauci could be granted immunity for any answers he might give before a House or Senate committee so that he could then no longer be able to refuse to testify by citing a Fifth Amendment privilege.  He could be granted immunity from prosecution for any answers he might provide, thereby undercutting any claim of constitutional privilege.  Although this requires a 2/3rds vote of all the members of a congressional committe, such a grant could be authorized by the House or Senate with only a simple majority vote."

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Subsequently, Harvard Law professor emeritus Alan Dershowitz wrote:

"Now, they could get around the Fifth Amendment very easily by just giving him immunity for anything up to now. And then he would have no Fifth Amendment right if he had complete total, transactional immunity . . . "But they don't want to do that. What they want to do is have their cake and eat it. They want to be able to question him. They also want to incriminate him."

Attorney Bradley Moss, a partner at the Law Office of Mark S. Zaid who specializes in whistleblower defense and other government-related cases, said that one way to get Fauci to testify would be to grant him immunity.   "I doubt they will do so, because these hearings aren't about getting facts . . . The endless headlines are what matters."

Similarly former federal prosecutor Neama Rahmani suggested that "the only exception is if Congress grants him immunity . . . Then, of course, he can be compelled to testify."

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Since most legal experts agree that the other legal remedies available to members of Congress to compel Fauci to answer questions are unlikely to be successful, and in any event would take considerable time, Banzhaf says that it is especially important for the immunity option be considered.

If senators or others want answers rather than just a public shaming, they will try to obtain immunity for Fauci, says Banzhaf, since it's better to have full and complete answers than a stony silence and a few very dubious legal remedies.

Banzhaf also suggested another possible way to try to have Fauci answer questions.  He wrote: . . .

The legality and effectiveness of the former method - providing him with immunity for testimony - is well established, having been used in many investigations including those related to Watergate Iran-Contra, etc.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf