Senate investigators obtain forensic copy of Fauci's cellphone from HHS

The Senate subcommittee investigating Dr. Anthony Fauci's pandemic-era conduct has secured a forensic copy of his government cellphone, the latest in a mounting series of records demands that Fauci has fought at every turn.

The Department of Health and Human Services turned the device data over to the Senate Homeland Security Permanent Subcommittee on Investigations, led by Sen. Ron Johnson of Wisconsin. The forensic copy dates back to Fauci's tenure as head of the National Institute of Allergy and Infectious Diseases, the agency he ran until stepping down in 2022. Breitbart News reported that the handover came from HHS under Secretary Robert F. Kennedy Jr., who has long accused Fauci of protecting the pharmaceutical industry and undermining individual freedoms.

The phone is one piece of a much larger paper trail. Johnson and Sen. Rand Paul of Kentucky have already obtained millions of pages from federal databases tied to Fauci. HHS previously turned over Fauci's personal journals to Congress, records that drew national attention when they surfaced in late July.

More than 100 Fifth Amendment invocations in a single hearing

The cellphone handover follows a combative Senate hearing last week at which Fauci refused to answer questions more than 100 times, invoking his Fifth Amendment right against self-incrimination before the Senate Homeland Security and Governmental Affairs Committee. His blanket refusal drew sharp criticism from Republican lawmakers who had subpoenaed his testimony specifically to press him on federal pandemic policies and the origins of the coronavirus.

Fauci offered a single substantive statement during the hearing, telling senators he had appeared before Congress or briefed lawmakers hundreds of times during his career. He accused Paul of fixating on him personally. But when it came to the substance, the questions about what he knew, when he knew it, and what his agency did, he declined to say a word.

His invocation was uniform and rehearsed:

"Under the advice of my attorneys, I will invoke my right under the 5th Amendment of the Constitution to refrain from answering your questions."

He repeated that line, or close variations, more than a hundred times. For a man who spent years positioning himself as the face of government transparency on COVID, the silence spoke volumes.

Paul's committee eyes contempt vote this week

Paul's committee is expected to vote Thursday on whether to hold Fauci in contempt after he stonewalled the panel during last week's hearing. A contempt finding would escalate the confrontation between congressional investigators and the former health official who, for more than two years of the pandemic, wielded enormous influence over American life, school closures, business shutdowns, mask mandates, and vaccine policy.

Paul has been moving to fast-track the contempt process, a signal that Republican patience with Fauci's refusal to cooperate has run out. The Kentucky senator and Fauci have clashed publicly for years over gain-of-function research, lab-leak questions, and Fauci's public statements about the virus's origins.

Biden's preemptive pardon looms over the probe

Hanging over the entire investigation is the preemptive pardon former President Joe Biden granted Fauci on January 20, 2025, his last day in office. Biden issued the pardon amid concerns that Republicans would pursue criminal charges related to Fauci's pandemic decisions. The pardon also covered General Mark Milley and members of the January 6 Committee.

That pardon may shield Fauci from federal prosecution, but it does not shield him from congressional oversight, and it does not explain why a man who claims to have nothing to hide would invoke the Fifth Amendment more than a hundred times rather than answer questions under oath.

Fauci's personal journals, which HHS turned over to Congress before the cellphone data, have already produced damaging revelations. The diary entries revealed that Fauci sought political help managing his public image, a far cry from the dispassionate scientist he presented himself as during televised briefings.

State-level investigations add pressure from multiple fronts

Fauci is not facing scrutiny from Congress alone. Attorneys general in at least four Republican-led states have opened their own investigations into his conduct. The specific states have not been publicly identified in connection with the Senate probe, but the parallel tracks mean Fauci confronts legal and political exposure on multiple fronts simultaneously.

Kennedy's role at HHS has made the agency cooperative with congressional demands for Fauci's records in a way it never was under the previous administration. The forensic cellphone copy and the personal journals both came from HHS, material that investigators had sought for years and that Fauci's allies in the Biden administration had no incentive to produce.

What investigators will find on the phone remains to be seen. The forensic copy preserves not just active files but deleted messages, metadata, and communication logs, the kind of granular record that can confirm or contradict official accounts of who said what, and when. For a figure who spent the pandemic insisting the science was settled and his conduct was beyond reproach, the contents of that device may tell a different story.

Fauci stepped down from NIAID in 2022. He was one of the most visible figures in the government's pandemic response, and his public disagreements with then-President Trump over health guidance made him a hero to the left and a deeply polarizing figure on the right. But visibility is not the same as accountability, and accountability is what Johnson, Paul, and a growing number of state officials are now demanding.

A man who told the country to "follow the science" now refuses to follow a subpoena. The phone may have answers he won't give voluntarily.

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