WASHINGTON - TelAve -- Dr. Anthony Fauci invoked his constitutional privilege not to answer any questions this morning, including even the color of the tie he was wearing (since answering even the most innocuous questions could arguably "open the door" to stronger arguments that he has waived the privilege), but there are at least two ways his testimony could be obtained now, says public interest law professor John Banzhaf.

First, Fauci could be granted immunity for any answers he might give before a House committee so that he could then no longer be able to refuse to testify by citing a Fifth Amendment privilege.

Pursuant to 18 U.S.C. § 6002, 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 the Committee and therefore might be difficult to obtain, such a grant could be authorized by the House by only a simple majority vote.

Second, any major news organization (or combination) could invite Fauci to answer questions - either new ones propounded by reporters, or simply some of the word-for-word questions put to him this morning - in an interview by the media.

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Since his statements would not be under oath, and it is not a crime to lie to the public, he could not be prosecuted for anything he might say.

While no news organization can compel him to answer questions, Fauci would face very strong public condemnation if he refused such an interview because could no longer "hide behind" the fifth, nor use it as an excuse not to answer relevant questions involving his life-and-death decisions (for which he has already received a presidential pardon).

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

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School
"The Man Behind the Ban on Cigarette Commercials"
FAMRI Dr. William Cahan Distinguished Professor
Fellow, World Technology Network
Founder, Action on Smoking and Health (ASH)
Inventor of the "Banzhaf Index"
(703) 527-8418
http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf