Paul Vows to Send Fauci Contempt Referral Directly to Justice Department if Committee Approves

Senate Homeland Security and Governmental Affairs Committee Chairman Rand Paul said he will transmit a contempt of Congress referral against former National Institute of Allergy and Infectious Diseases Director Anthony Fauci straight to the Department of Justice if the measure clears his panel later this week.

In an appearance on the “Just The News, No Noise” television program, the Kentucky Republican outlined his plan following Fauci’s recent testimony before the committee. During that hearing, Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times when questioned about his role in the federal response to the COVID-19 pandemic and related matters.

Paul argued that the refusal to answer questions constitutes a distinct offense. “We have a law in Congress that if you will not testify and help an investigation, it’s called contempt of Congress. It’s a felony,” he said. He noted that while Fauci received a presidential pardon covering potential federal offenses between 2014 and January 2025, the act of declining to assist a Senate investigation after that period stands apart and is not shielded by the clemency.

The committee is scheduled to vote on a resolution certifying the contempt this week. Paul indicated that if the measure advances, he intends to forward the referral and supporting legal arguments directly to the Justice Department rather than first seeking a vote by the full Senate. He described the referral as a recommendation rather than legislation, allowing the committee product to be transmitted without a floor vote. “The prosecution has to be through the Department of Justice,” Paul said, adding that he lacks independent prosecutorial authority.

The senator raised legal questions he believes a court would need to resolve, including whether an individual who has accepted a presidential pardon retains the ability to invoke the Fifth Amendment privilege against self-incrimination. He pointed to historical Supreme Court decisions suggesting that a pardon can eliminate the basis for claiming the privilege, while also noting qualifications around acceptance of the pardon. Fauci’s attorneys have maintained that residual exposure remains possible on issues such as perjury, false statements, or matters outside the scope of the federal pardon, including potential state-level inquiries.

Paul has previously submitted multiple criminal referrals concerning Fauci to the Justice Department under both the Biden and Trump administrations, citing alleged false statements to Congress and other issues. Those earlier referrals did not result in charges. The current contempt effort follows Fauci’s appearance under subpoena after he declined a voluntary invitation to testify. In his opening remarks at the hearing, Fauci criticized the process and stated that he was invoking the Fifth Amendment on the advice of counsel because he believed the hearing was intended to create a basis for prosecution.

Beyond the contempt process, Paul reiterated longstanding criticism of the concentration of authority in the NIAID director position during Fauci’s lengthy tenure. He suggested that the role accumulated excessive influence over research funding and policy and has advocated structural changes, including term limits or dividing the position into multiple Senate-confirmed roles.If the committee approves the contempt resolution, the referral will place the matter before the Justice Department for a determination on whether to pursue charges. Contempt of Congress carries potential criminal penalties, though any prosecution would require independent action by federal prosecutors. The outcome of the committee vote and any subsequent Justice Department review will determine the next steps in the ongoing congressional examination of pandemic-era decision-making.