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Fauci Pleads the Fifth | Interview: Elie Honig

Aug 6, 2026 · 1h 11m

Summary

Hosts David and Sarah welcome legal analyst Ellie Honig to discuss Dr. Anthony Fauci’s Fifth Amendment invocation and the scope of presidential pardons. They debate whether Fauci had valid grounds to plead the Fifth despite a federal pardon, citing potential state liabilities. The episode also covers the legality of preemptive pardons and obstruction charges for wiping digital evidence. Finally, the trio plays a constitutional game show, proposing amendments to ease the ratification process and require Senate consent for pardons.

Topics discussed

Introduction and guest Ellie Honig Toyota RAV4 advertisement Fifth Amendment: Fauci, Trump, and legal principles Fauci's ethics and DOJ award controversy Presidential pardon power and preemptive pardons Obstruction of justice and digital evidence White Claw and Google Photos advertisements Amending the Constitution: Pardon power and impeachment House size and Article 2 executive power Emergency powers, natural-born citizen, and 17th Amendment Judicial term limits, free speech, and Electoral College Conclusion and book praise
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