Fauci takes the Fifth 111 times as Alabama and Florida move to pursue state-level charges

Anthony Fauci invoked his Fifth Amendment right against self-incrimination 111 times at a Senate hearing Wednesday. That number became the catalyst for state investigations across at least three states, with Alabama and Florida each signaling intent to examine whether the presidential pardon signed by former President Joe Biden leaves Fauci exposed at the state level. The constitutional hinge: presidential pardons extend only to "offenses against the United States," a phrase that excludes state crimes.

The pardon argument

Sen. Josh Hawley argued at the hearing that Biden's blanket pardon erased Fauci's federal criminal exposure for covered conduct, which in turn undercut the basis for invoking the Fifth. If that reading stands, Fauci would face a narrower shield than the one he deployed 111 times Wednesday. The Fifth Amendment protects against compelled self-incrimination only where criminal liability remains live.

Alabama: a pledge to haul Fauci into court repeatedly

Sen. Tommy Tuberville, the Alabama Republican who is favored to win the state's November governor's race, told Fox News Digital that Biden's autopen-signed pardon does not reach state crimes. Tuberville attributed between 20,000 and 30,000 deaths in Alabama to Fauci's COVID-19 decisions and said he would summon Fauci to Montgomery as often as the law allows if elected governor. He also urged Alabamians to file individual civil claims, saying if criminal imprisonment proved unattainable, litigation could occupy Fauci for the remainder of his life. Speaking separately to Newsmax from the Capitol, Tuberville said Fauci "should be locked up before he leaves this building today."

Florida's inquiry and California's promised commission

Florida Attorney General James Uthmeier confirmed to Fox News Digital that any potential violations of Florida law are under review. His office said the inquiry would examine what Fauci knew and when, and whether his public communications accurately reflected that knowledge. Lt. Gov. Jay Collins, who is running to succeed Gov. Ron DeSantis, backed the investigation. Collins, a 100-percent-disabled retired amputee veteran, told Fox News Digital he was required to receive a COVID-19 vaccination to access prosthetic care through the Department of Veterans Affairs.

Steve Hilton, California's Republican gubernatorial nominee, said after watching Fauci plead the Fifth that he would create a COVID Accountability Commission targeting Fauci and state officials over pandemic-era policies. California's current leadership had aligned with federal public health guidance throughout the period under scrutiny.

What to watch

Fauci's counsel had not responded to Fox News Digital by publication. The next confirmable milestone is whether Tuberville wins the Alabama governorship in November, which would convert a campaign pledge into an actionable prosecution posture. Florida's inquiry carries no announced timeline, and Alabama Gov. Kay Ivey's office had not indicated whether she would open a parallel investigation before the end of her term.