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An Open Letter

To: Sen. Bennet, Sen. Hickenlooper

From: A verified voter in Thornton, CO

July 29

I am writing to you as a constituent who expects professionalism, constitutional literacy, and basic respect for due process from every member of the United States Senate. What occurred during the recent Homeland Security and Governmental Affairs Committee hearing—specifically Sen. Rand Paul ordering Dr. Anthony Fauci’s attorney, David Schertler, to be physically removed from the room—was inappropriate, historically abnormal, and deeply concerning. Dr. Fauci invoked his Fifth Amendment rights, as any American is entitled to do. His attorney stated a simple fact: that Dr. Fauci has a valid constitutional privilege and was exercising it. For this, the attorney was declared “not recognized” and forcibly removed. This is not normal congressional procedure. It is not acceptable conduct from a committee chair. And it is not something the Senate should ignore. Historically, the only comparable incidents occurred during the most controversial and widely condemned periods of congressional overreach: - During the McCarthy-era hearings, where attorneys were silenced or threatened for asserting constitutional protections. - During HUAC proceedings, where lawyers were expelled for objecting to improper questioning. - During certain Vietnam-era hearings, where counsel was removed for challenging self-incrimination traps. These episodes are remembered as violations of due process and abuses of congressional authority. What happened in this hearing fits squarely within that pattern. I am asking you not to respond with a generic, noncommittal form letter. This incident warrants more than that. It demands a clear, public statement from you—affirming that witnesses before Congress retain their constitutional rights, that their counsel may assert those rights without fear of removal, and that committee chairs cannot weaponize procedural authority to silence legal representation. Your constituents deserve to know where you stand. I expect you to speak out.

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