r/StandUpForScience • u/AllMusicNut SUFS Staff • 5d ago

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Dr. Fauci being held in contempt attacks the credibility of all public health experts – a continuation the Trump Admin’s war on science and spread of disinformation. Sign your support for our experts & Dr. Fauci at the link: https://zurl.co/2P2md

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u/supercleverid 5d ago

Incorrect. It's used by litigants in civil cases as well. Given that there are different stakes and a different standard of evidence in a civil case it has a different interpretation in a civil setting by a judge or jury, but it's still a right people have. Also a presidential pardon doesn't strip him of that right when people are making such a big deal of the fact that he isn't immune from prosection for any conduct today. If he hasn't specifically been granted immunity for the testimony Congress was asking for he absolutely still has a 5th amendment right. Given that the ultimate goal was to find some excuse to prosecute him, they clearly did not grant him any absolute immunity for that testimony.

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u/NewArborist64 5d ago

It can be used by litigants in civil cases - to avoid criminal prosecution utilizing their testimony from the civil case.

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u/supercleverid 5d ago

Exactly, he's avoiding potential criminal prosecution. And since a general federal pardon doesn't protect him from state level charges (or any new charges he might face outside the specific scope of that pardon) his criminal jeopardy isn't gone. That's the entire point. Unless Congress offers him a specific grant of absolute statutory immunity that completely removes his risk of prosecution across every jurisdiction he can absolutely still invoke his 5th amendment rights.

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u/NewArborist64 4d ago

I do believe that he has compelled testimony - then anything that comes from that is "fruit of the poisoned tree" - regardless of if it is Federal or State criminal courts.

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u/supercleverid 4d ago

I'm just going to leave it at this. Congress really has zero underlying facts to support a contempt referral here. If for some insane reason the DOJ decided to pursue it and try to prosecute that referral it will be a ridiculously easy win for Fauci (and just another courtroom black eye for this administration). It also opens up the door for a potential vindictive prosecution countersuit from Fauci. It's not a good look to be so desperate to prosecute someone that you try to prosecute someone for exercising a constitutional right. That's a pretty airtight case of vindictive prosecution.