Senate Committee Votes to Hold Dr. Anthony Fauci in Contempt Over COVID-19 Testimony

The Senate Committee on Homeland Security and Governmental Affairs voted to hold Dr. Anthony Fauci in contempt of Congress for refusing to answer questions during a hearing on his handling of the COVID-19 pandemic. The decision was made along party lines and sets up a possible referral to the Department of Justice for investigation into whether Fauci properly exercised his constitutional rights.

Dr. Fauci recently invoked his Fifth Amendment right, declining to answer more than 100 questions during his testimony. He cited fears of self-incrimination due to pressure from Republican Sen. Rand Paul, who has been vocal about wanting Fauci prosecuted.

“Dr. Fauci faced no risk of federal prosecution,” said Sen. Rand Paul. “All he had to do was tell the truth.”

Sen. Paul contends that Dr. Fauci’s pardon from President Joe Biden negates the need for Fifth Amendment protections. The pardon covers acts from 2014 to January 2025 but does not protect Fauci from state or federal probes into any allegedly false statements.

Dr. Fauci’s lawyer, David Schertler, criticized the contempt vote, calling it a political maneuver aimed at Fauci, who has had a long career in public health. He accused Sen. Paul of maliciously wielding power to punish Fauci for exercising his constitutional rights.

Democrats on the committee argued that Fauci had legitimate concerns about self-incrimination given the expressed intent by Republicans to see him prosecuted over COVID-19 matters. They opposed the contempt resolution unanimously. The goal was to wait for Dr. Fauci to make any kind of misstatement and then have a weaponized Department of Justice file criminal charges for that new statement, said Sen. Maggie Hassan of New Hampshire.

Sen. Gary Peters of Michigan raised concerns about whether Sen. Paul’s plan to send the contempt referral directly to the Justice Department would be legally valid. He argued that doing so without Senate approval would complicate congressional oversight efforts and deter witnesses from testifying openly.

The decision on whether to investigate Fauci will rest with the U.S. attorney in Washington. A congressional referral does not mandate prosecutorial action.