Sen. Rand Paul (R-Ky.) ordered Capitol Police to remove Dr. Anthony Fauci’s attorney, David Schertler, from a Senate Homeland Security and Governmental Affairs Committee hearing on Wednesday, July 29 [1].
The incident underscores the high tension surrounding the investigation into Dr. Fauci, as the legal battle over testimony and witness rights plays out in a public forum.
The removal occurred after Schertler repeatedly spoke without being recognized by the committee chair. Paul said security should escort the lawyer out of the room to maintain order during the proceedings [2].
"Sir, you are not recognized. You are not recognized," Paul said [3].
The hearing lasted nearly four hours [4]. During the session, Dr. Fauci invoked his Fifth Amendment right to remain silent 111 times [5].
Paul said the attorney was not invited to the hearing for the purpose of giving testimony. He said the lawyer must respect the proceedings before security intervened [6].
Schertler had been attempting to defend Fauci as the senator questioned the former health official. The confrontation ended when Capitol Police escorted the attorney from the hearing room on Capitol Hill [2].
"You will respect these proceedings... You are not invited here for testimony, sir," Paul said [6].
“"Sir, you are not recognized. You are not recognized."”
The removal of legal counsel from a congressional hearing highlights the friction between Senate oversight powers and the legal protections of witnesses. Dr. Fauci's extensive use of the Fifth Amendment suggests a strategy to avoid potentially incriminating testimony, while the ejection of his attorney reflects a strict enforcement of committee rules to prevent legal arguments from disrupting the questioning process.
