Biden granted Fauci a full pardon on his last day in office, Jan. 20, 2025. CNN senior legal analyst Elie Honig said that if not for Biden's pardon, Fauci would be within his right to invoke the Fifth Amendment. Additionally, Fauci could still be prosecuted under state law rather than federal law, according to Honig. The "proof in the pudding," to Honig, will be whether Paul and the committee seek that kind of order from federal court. Ultimately, though, because courts tend to provide a "broad deference" when people call on the Fifth Amendment, he believes Fauci is within his right.