Attorney David Schertler was removed from a U.S. Senate hearing after speaking without being recognized by the committee [1].
The incident highlights the escalating legal and political tension surrounding Dr. Anthony Fauci's testimony and his potential reliance on constitutional protections to avoid answering specific questions.
During the Senate Committee hearing on public health matters, Schertler interrupted the proceedings. Sen. Rand Paul (R-Ky.) ordered the removal of the attorney, saying, "You are not recognized!" [2, 3]. The exchange led to one attorney [1] being escorted from the chamber.
Following his removal, Schertler spoke with NBC News reporter Julie Tsirksin regarding the legal strategy for his client. He addressed the possibility of Dr. Fauci refusing to answer certain queries based on his constitutional rights [4].
"Dr. Fauci has a valid Fifth Amendment privilege, and he has the right to assert it," Schertler said [4].
The removal occurred after a chaotic exchange between the senator and the legal counsel. The committee's rules require witnesses and their representatives to be recognized by the chair or the questioning member before speaking [2, 3].
Senator Paul's decision to eject the lawyer followed the interruption of the formal questioning process. The hearing focused on public health matters, though the procedural clash between the attorney and the senator overshadowed the testimony for a period of time [3, 4].
“"You are not recognized!"”
The assertion of Fifth Amendment privileges in a congressional hearing is a rare and significant legal move that often signals a high level of legal risk for the witness. By removing Schertler, the committee reinforced its procedural authority, but the attorney's public comments suggest that Dr. Fauci may continue to limit the scope of his testimony to avoid potential legal jeopardy.
