Tag: covid-19
Fauci

How A Far Right Witchhunt Forced Fauci To Invoke The Fifth Amendment

One hundred and eleven times. That's how many times Dr. Anthony Fauci invoked the Fifth Amendment to avoid falling into the perjury trap Sen. Rand Paul was setting for him. Dr. Fauci was not brought in to testify because they needed to know more about what he had said and done in the past. No, he has not only testified multiple times about all of these issues in the past, but they are covered by the broad pardon of him that President Joe Biden granted before he left office.

The purpose here was the trap. Sen. Paul was open about it. He told reporters before the hearing that any statement made by Dr. Fauci at the hearing would not be protected by the presidential pardon — so if there were any inconsistency between what Dr. Fauci said now and then, no matter how small or insignificant, it could be the basis of a perjury charge. Paul has made no bones about his desire to see Dr. Fauci behind bars. Not that he can single-handedly succeed at doing so, but he got a gaggle of Republican senators who should have known better to follow his lead.

It is the purpose of the Fifth Amendment to prevent such persecutions. That's what this was, pure and simple, and thankfully we have a Constitution to invoke to stop it.

Not that Fauci was able to escape entirely unscathed. His lawyer — who happens to have a stellar reputation in Washington — got thrown out of the hearing. Some attorney general from the South threatened to prosecute him. For what? Invoking the Fifth. Paul wants to hold him in contempt for that. Again, I ask, for what? Since when is rightly invoking the Fifth because you rightly fear investigation and persecution, if not lawful prosecution, an offense that can land you behind bars? Punishing constitutionally protected activity as a crime?

Of course, there will always be people who say that only the guilty invoke the Fifth, and that's what they're saying about Dr. Fauci. When you're the target of a witch hunt, invoking the Fifth is an act of courage, calling your persecutors on their case.

Paul tried to smear Dr. Fauci by releasing excerpts from his diary in advance of the hearing. Some of his comments about the president were insulting. Big surprise. Not a crime. He was, it appears, impressed and taken by all the media attention he was receiving. A "narcissist," one of the Republican senators called him. Since when is that a crime in Washington?

For me, Dr. Fauci will always be a dedicated public servant who spent his life saving lives. There is no full accounting I've seen of the millions of lives he saved in the AIDS and COVID epidemics. Did his agency fund research at the lab in Wuhan that Paul is so sure was the source of a "lab leak"? It did, but as countless experts have tried to explain to Paul, it was not the kind of research that could have led to the COVID leak. What do you do with a man who prefers spite over science?

You ignore him, which is what the Senate, and the public, should do with Rand Paul.

Susan Estrich is a celebrated feminist legal scholar, the first female president of the Harvard Law Review, and the first woman to run a U.S. presidential campaign. She has written eight books.


New Attacks On Fauci Provide Smokescreen For Republicans' War Against Science

New Attacks On Fauci Provide Smokescreen For Republicans' War Against Science

The news is unremittingly bad when it comes to federal funding for U.S. science in general and medical science in particular.

The Trump regime’s attempt to impose political controls over research funding will affect every branch of government that relies on grants to outsiders for properly researched information to guide their decision-making. A federal rule, now under consideration by the Office of Management and Budget, would give the Trump regime’s political commissars the right to veto any grant that doesn’t meet their ideological agenda. The rule has drawn hundreds of thousands of protest comments from scientists, professional societies, research groups and the general public.

The news is especially disturbing when it comes to health care, the subject of this Substack.

KFF Health News reported today that the Agency for Healthcare Research and Quality has effectively been shut down, awarding just 4.5% of the $345 million Congress appropriated for an agency that is "estimated to have saved thousands of lives and billions of dollars over the past 27 years by improving medical practice.” About 75 percent of its staff has left since January 2025.

AHRQ’s major focus over the years has been hospital safety and flaws in the medical delivery system. “When you think about everything Americans hate about our healthcare system — that it costs too much, that you can’t get in to see a physician, that the treatment isn’t right, that the records contain wrong information — all that is what AHRQ studies,” said Dr. Aaron Carroll, chief executive of AcademyHealth, a health services research group, many of whose members depend on AHRQ grants.

Becker’s Hospital Review reported on the latest broadside in the Health and Human Services Department’s attack on all research involving genetic manipulation aimed at changing an organism’s behavior — so-called gain-of-function research. A July 20 guideline essentially ended funding for such research if it were deemed dangerous, a decision that will be left up to political appointees when the new science overlord rule goes into effect.

The American Society for Microbiology points out that there are major legitimate uses for gain-of-function research. It has been helpful in developing new therapies for cancer, cystic fibrosis, diabetes and cardiac pacemaker repair; developing vaccines for coronavirus and dengue fever; and developing treatments for bacterial infections affecting crops, a rising concern in an age of rapid global warming. The paper notes that experiments raising biosafety concerns are “an extremely small subset” of the field.

A new report from the Kaiser Family Foundation documents the decimation of U.S. support for HIV prevention and treatment around the world. Total funding from all donor countries declined by $2.1 billion or 25% in 2025 from the previous year. It was the lowest level of donor government support since 2007. All of the decline was due to sharp cutbacks by the Trump regime during its first year in office.

“Congress has continued to appropriate funding for HIV at steady levels, meaning that additional funding remains in the U.S. pipeline, although the extent to which those funds will be fully spent remains uncertain,” the report noted.Meanwhile, Anthony Fauci, the former head of the National Institute for Allergy and Infectious Diseases, used the fifth amendment’s protection against self-incrimination to refuse to answer any question posed by Sen. Rand Paul (D-KY) at his oversight committee hearing this morning. HHS Secretary Robert F. Kennedy Jr. told Fox News over the weekend that “if he lies again, he could be subject to perjury prosecution.”

Paul apparently leaked Fauci’s diaries that had been subpoenaed by his subcommittee. Besides the unflattering self-aggrandizing comments contained in the diary, which have received substantial media attention, there were a few statements that indicated Fauci believed there should be further investigation of the theory that the COVID-19 pandemic was started by an escaped virus from a Chinese lab doing gain-of-function research on coronaviruses with U.S. grants. He later dismissed this theory.

Paul also attacks Fauci for endorsing the Covid-era lockdowns, which Paul claims cost more lives than the virus itself. This claim has been repeatedly debunked in the medical literature. One early study showed that the lives lost due to economic lockdowns totaled a maximum of a quarter of a million, while lives saved with the lockdowns could have been as high as 1.7 million. The minimums in the estimates were 60,000 and 866,000 respectively.

“The Covid lockdown, however, could never have been inflicted without you aiding and abetting the crime,” Paul said at the opening of the hearing. When Fauci’s lawyer attempted to make a statement, he was ejected from the hearing room. “There will be repercussions to your refusal to testify today,” the senator told Fauci.

According to Stat News, Gary Peters (D-MI), the ranking member of the committee, opened the hearing by calling the legitimacy of Paul’s efforts into question, saying the oversight efforts were not bipartisan as usual. He said the pandemic response was only being relitigated to support “a pre-determined conclusion that was reached years ago.”


Nicole Saphier

Dumping Means, Trump Nominates A Fox Covid-19 Misinformer As Surgeon General

President Donald Trump has nominated yet another Fox News pundit for a major position in his administration.

He announced Thursday that he’s chosen Nicole Saphier as his pick to be surgeon general. Saphier distinguished herself at Fox as one of the biggest medical misinformers on COVID-19 and a shameless shill for Trump.

Saphier got the nod after Trump’s previous nominee, influencer Casey Means—who lacks a medical license—saw her nomination jammed up in the Senate.

“Nicole is a STAR physician who has spent her career guiding women facing breast cancer through their diagnosis and treatment while tirelessly advocating to increase early cancer detection and prevention, while at the same time working with men and women on all other forms of cancer diagnoses and treatments,” Trump wrote on Truth Social.

If her nomination is successful, Saphier will join the ever-growing ranks of Fox characters who litter this administration—including Defense Secretary Pete Hegseth, Transportation Secretary Sean Duffy, and U.S. Attorney for Washington, D.C., Jeanine Pirro.

According to Media Matters for America, Saphier has made at least 640 appearances on Fox over the years. The right-wing propaganda network is obsessively watched by Trump and wields enormous influence over his actions.

Saphier primarily focuses on medical issues. Her stance, as expressed in her book Make America Healthy Again, is that people experience medical issues because of “lifestyle” choices.

“If Americans want to know why their health care is so costly and getting costlier, they need only look in the mirror,” she posits in the blurb for her book.

In this worldview, poor policy decisions, corporate greed, and other external factors play no role in ailments like cancer or heart disease. It remains to be seen how something like childhood cancer could stem from one’s “lifestyle.”

As COVID-19 ravaged the world in 2020, Saphier became one of Fox’s primary figures promoting quack takes on how Trump was handling the pandemic.

For instance, Saphier argued that Trump deserved praise for focusing on economic issues, even as he ignored advisories from medical experts. While Trump argued that COVID-19 was not a major concern and that the summer heat would kill it, Saphier said that he was doing an adequate job.

“The economic and emotional toll from misinformation is going to hit us much harder than this virus is in itself,” she said at the time.

As recently as September 2025, Saphier was still pushing COVID-19 misinformation, arguing that the Centers for Disease Control and Prevention “lost all credibility throughout the COVID pandemic when they continued to universally recommend the COVID vaccine.”

And when she wasn’t making outlandish comments about the response to COVID-19, Saphier was a dedicated cheerleader for Trump and the GOP.

After the Trump administration pursued its widely condemned family separation immigration policy in 2018, Saphier argued that it was medically acceptable to house immigrant children “in cages or in windowless rooms.”

She also complained about the Affordable Care Act requiring insurance companies to cover serious illnesses that were previously denied, insisted that expanding Medicare would make the program worse, claimed that the ACA made people die from preventable illnesses, and lied about the GOP plan to kill the ACA, falsely claiming that it wouldn’t rescind coverage for preexisting conditions.

When she wasn’t opining and misinforming on medical issues, Saphier also engaged in typical Fox culture war bigotry. For instance, she alleged—without evidence—that a transgender fencer had gone through gender-affirming care purely to have a competitive advantage.

“These men can’t cut it with the other male athletes, so therefore they are coming into the female sports,” she said.

Trump’s senior leadership already looks like a Fox News broadcast. If Saphier joins the ranks, the network’s lies and bigotry will play an even greater role in U.S. health care.

Correction: A previous version of this story stated that Casey Means does not have a medical degree, which is incorrect. She does not have a medical license.

Reprinted with permission from Daily Kos

RFK Jr. Loses Lawsuit (Again) Over 'Cavorting With Neo-Nazis In Berlin'

RFK Jr. Loses Lawsuit (Again) Over 'Cavorting With Neo-Nazis In Berlin'

Years ago, during the COVID-19 pandemic, current Health and Human Services Secretary Robert F. Kennedy Jr. cavorted with neo-Nazis in Berlin. A Daily Kos community member, whose real name is David (which he himself revealed), summarized a local news article about the event, headlined his write-up “Anti-Vaxxer RFK JR. joins neo-Nazis in massive Berlin ‘Anti-Corona’ Protest,” and moved on with his day.

In 2021, a furious RFK Jr. sued Daily Kos to unmask David’s identity. Four-plus years later, after bouncing between New York and California courts, amicus briefs from The New York Times and 10 other organizations, and endless appeals, our case is still working its way through the courts. Somewhere along the way and after considerable expenses, RFK Jr.’s team figured out David’s identity and sued him directly. Those original suits went nowhere: He filed in New Hampshire—while David lives in Maine—then blew an appeal deadline (his lawyers blamed bad Wi-Fi, no joke).

My most recent comprehensive update on the case is here.

(For the record, I’ve flat-out called RFK Jr. a Nazi. He’s never sued me or Daily Kos for that—just fixated on the lower-profile diarist. It’s been bizarre.)

At this point, two cases remained. The first is ours, still on appeal, aimed at securing a New York precedent to shield media outlets from frivolous suits like this. The second—the case against David—should finally be dead now, after a Maine judge granted summary judgment earlier this month. And the reasoning is hilarious.

Summary judgment means that the facts can’t be in dispute and that the judge can rule as a matter of law. The fatal problem for RFK Jr.? He refused to deny that he cavorted with neo-Nazis.

From the decision, RFK Jr. alleged that David claimed he:

  1. Helped cause the Samoa Measles Outbreak;
  2. Opposed all vaccines;
  3. Expressed “dangerous vaccine conspiracies” that caused the death of 234,000 Americans;
  4. Wanted to cause the death of all black people;
  5. Said Covid19 was designed to save Jewish people; and
  6. Knowingly joined, supported, and associated with a neo-Nazi party in Berlin.

The judge dismantled those claims one by one. Here’s an example, given the outrageousness of the claim: 

iv. Plaintiff “wanted to cause the death of black people”Defendant has never written or said this statement [...] On January 4, 2022, Defendant posted on X, without comment, a link to an article, authored by thegrio.com, titled "Anti-vaxxer Robert F. Kennedy Jr. is harming black people—and his family legacy—with his vaccine misinformation campaign.” [...] Plaintiff does not offer sworn evidence to the contrary.

To make it crystal clear, a reposted tweet from a respected publication on how RFK Jr. is reportedly harming Black people turned into a legal claim that RFK Jr. “wanted to cause the death of all black people.” He really is a piece of shit.

Let’s do another one:

v. Plaintiff “said Covid19 was designed to save Jews”Defendant has never written or said this statement. [...] On July 16, 2023, Defendant posted on X, without comment, a link to an article, authored by the Washington Post, titled “Robert F. Kennedy Jr. suggests covid was designed to spare Jews, Chinese People.” [...] Complaint supports Defendant’s assertion that he repeated the third-party content without embellishment. Plaintiff denies Defendant posted the link without embellishment, but cites no admissible record evidence to support the denial.

Again, RFK Jr.’s lawyers took a simple link to a Washington Post article and created an alternate reality in which David claimed COVID was “designed to save Jews.” RFK Jr.’s lawyers should be disbarred for wasting the court’s time with these egregious lies.

But the kicker is the Nazi-rally bit, the whole reason this fiasco started.

Defendant establishes as true, and Plaintiff admits, that Plaintiff joined the protest rally in Berlin as a speaker. [...] Plaintiff argues that Defendant’s statement [that it was organized by neo-Nazis] supports a defamatory inference that Plaintiff joined a neo-Nazi party or movement as a member. Although a defamatory inference may be actionable, the statement that Plaintiff joined the protest, which is true, does not reasonably give rise to an inference that Plaintiff joined the organizations sponsoring the protest.

In other words, RFK Jr. and his lawyers didn’t argue that the rally wasn’t organized by Nazis, just that he didn’t join the Nazi party as a member. Cool beans, bro. Except David never said RFK Jr. was a Nazi, just that he joined Nazis at their rally—and that turned out to be factually true. RFK Jr. didn’t even bother to dispute that part.

So chalk one up for the First Amendment.

And thank you—to our community and to Public Citizen—for funding this defense, and to David for standing strong throughout it all. He went up against RFK Jr. and emerged victorious. That couldn’t have been easy.

RFK Jr. is a dangerous loon who cavorts with neo-Nazis, and he can go fuck himself.

Reprinted with permission from Daily Kos.

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