The Daily Journal – A U.S. Senate committee voted 8-7 to hold Dr. Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases (NIAID), in contempt for refusing to testify about the federal government’s handling of the COVID-19 pandemic.
Republican Senator Rand Paul, who spearheaded the measure, announced that he will refer the case to the Department of Justice and ask prosecutors to file criminal charges against Fauci. A contempt conviction could carry a prison sentence of up to one year. Paul argued that Fauci obstructed Congress by invoking his Fifth Amendment right against self-incrimination to avoid answering questions.
The committee voted after Fauci invoked the Fifth Amendment more than one hundred times during the hearing. Republicans argued that Fauci could not rely on that protection because former President Joe Biden had already granted him a preemptive pardon covering his actions during the pandemic. Fauci’s attorney, however, described the vote as a “blatant political maneuver” and maintained that his client committed no crime.
Paul’s approach departs from the Senate’s usual practice of submitting a contempt citation to a vote before the full chamber. Legal experts cautioned that prosecutors may face significant obstacles in pursuing the case. They predicted that the dispute could trigger a lengthy court battle over the scope of the Fifth Amendment.
Vice President J.D. Vance, acting as President of the Senate, would need to approve the referral before the Department of Justice decides whether to prosecute Fauci. Paul, however, said he could also send his recommendation directly to federal prosecutors.
President Donald Trump, who awarded Fauci a presidential honor during his first term for helping advance COVID-19 vaccine development, has declined to support calls for prosecution, saying he respects the pardon that Biden granted.
The dispute between Paul and Fauci stretches back several years. Paul has repeatedly argued that the coronavirus originated from a laboratory leak in China linked to research funded by the National Institutes of Health (NIH), a claim Fauci has consistently rejected. More recently, Health and Human Services Secretary Robert F. Kennedy Jr. has joined Paul in pushing for a deeper investigation.
Democratic members of the committee unsuccessfully sought to delay the vote, warning that the measure could weaken the Senate’s oversight authority. So far, the Department of Justice has only stated that it “takes all congressional referrals seriously” and has not confirmed whether it will open an investigation into Fauci.
