WASHINGTON, D.C. — A Republican-led Senate committee voted Thursday to hold Anthony Fauci in contempt of Congress after he repeatedly invoked his Fifth Amendment right during testimony about the federal COVID-19 response.
The Homeland Security and Governmental Affairs Committee approved Chairman Rand Paul’s resolution in an 8-7 party-line vote. Fauci declined to answer more than 100 questions during the July 29 hearing, saying Paul’s repeated demands for his prosecution gave him legitimate reason to fear criminal exposure.
Paul argues that former President Joe Biden’s preemptive pardon eliminated Fauci’s Fifth Amendment protection for conduct covered by it. Fauci’s attorneys counter that the pardon does not cover later conduct, state charges or new allegations arising from his testimony. Legal experts say courts have not definitively resolved whether a pardoned witness may still invoke the constitutional protection before Congress.
Republicans accuse Fauci of withholding information about pandemic policies and the origins of the coronavirus. Fauci denies wrongdoing, and his attorney called the contempt vote a politically motivated effort to punish him for exercising a constitutional right.
Contempt referrals ordinarily require approval from the full Senate, where 60 votes would likely be needed. Paul has suggested sending the resolution directly to the Justice Department, where U.S. Attorney Jeanine Pirro would decide whether to pursue charges. Democrats argue that bypassing the Senate would weaken congressional procedure and turn oversight into partisan retaliation.
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