00:06:20.640The complication here, of course, as John said,
00:06:22.840is that Dr. Fauci received a pardon from Joe Biden.
00:06:25.940If a person has been pardoned, he cannot be criminally charged for anything within the scope of that pardon.
00:06:32.560And therefore, you cannot take the fifth for anything within the scope of the pardon.
00:06:36.400But the third thing and the wrinkle here is Dr. Fauci's position through his lawyer is he might still have criminal exposure outside the scope of that pardon.
00:06:45.420That pardon only covers federal crimes. He could still be prosecuted for state crimes.
00:06:49.980We know there have been various state attorney general investigations of Dr. Fauci.
00:06:54.780He also could theoretically be charged for anything after the date of the pardon, after
00:07:13.120Tony Fauci got a Biden pardon, and then Tony Fauci gave an opening statement, which waives
00:07:22.880his Fifth Amendment right against self-incrimination. And then he sat there after
00:07:28.600giving this opening statement and refused to answer the Senate's questions. The Senate should
00:07:36.720absolutely refer Tony Fauci to the Justice Department, and the Justice Department should
00:07:43.580absolutely prosecute him for contempt of Congress and an obstruction of a congressional investigation.
00:07:52.880Davis also framing the case as part of a broader push for accountability from Americans who believe Fauci has never faced justice for his role in the pandemic.
00:08:02.420Tony Fauci has a presidential pardon from Joe Biden, so it's going to be very hard to put him in prison for his federal crimes up to the point of his testimony.
00:08:14.180But now that he has obstructed this congressional investigation and shown contempt of Congress, he can go to jail for those crimes.
00:08:23.040It would be prosecuted in Washington, D.C., and who knows, maybe a D.C. jury, a grand jury, a penit jury would nullify this by not bringing charges or not finding him guilty.
00:08:36.160But the Trump Justice Department should absolutely put him through this process.