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Senate Panel Votes to Hold Fauci in Contempt of Congress

A Republican-led Senate committee chaired by Rand Paul voted Thursday to hold Dr. Anthony Fauci in contempt of Congress after he invoked the Fifth Amendment more than 100 times and refused to answer questions about the COVID-19 pandemic response.

Tommy FlynnTommy Flynn
C-SPAN screenshot
C-SPAN screenshot

A Republican-led Senate committee voted Thursday to hold Dr. Anthony Fauci in contempt of Congress after the former director of the National Institute of Allergy and Infectious Diseases refused to answer questions during recent testimony about his role in the COVID-19 pandemic response.

The Senate Homeland Security and Governmental Affairs Committee, chaired by Sen. Rand Paul (R-Ky.), approved the contempt resolution in a party-line vote. All eight Republicans present supported the measure, while the committee’s Democrats opposed it. Paul announced the outcome as an 8-5 vote, with some reports noting additional Democratic opposition recorded by proxy.

The action followed Fauci’s appearance before the same panel on July 29 under subpoena. During that hearing, the 85-year-old retired official invoked his Fifth Amendment right against self-incrimination more than 100 times when questioned about pandemic origins, decision-making, and related matters. Fauci delivered an opening statement in which he accused Paul of an “unhinged obsession” and said he believed the hearing was designed to trap him into statements that could support perjury charges.

Paul has argued that Fauci’s Fifth Amendment claim is unsupported. He pointed to a preemptive presidential pardon issued by former President Joe Biden covering potential federal offenses from 2014 through January 2025, contending that the clemency eliminated the basis for asserting the privilege. Paul has also maintained that Fauci’s limited participation in the hearing waived remaining protections. “Holding a witness in contempt is a serious thing, and it should be rare,” Paul said ahead of Thursday’s vote. “But the contempt power exists for precisely this circumstance.”

Sen. Gary Peters (D-Mich.), the ranking Democrat on the committee, criticized the process as one-sided and rushed. He accused the majority of excluding the minority from witness interviews and selectively releasing information to support predetermined conclusions. Peters and other Democrats warned that the approach could undermine the committee’s future ability to secure cooperation from witnesses.

Paul has indicated he intends to transmit the contempt referral directly to the Department of Justice for consideration of prosecution rather than first seeking a vote by the full Senate. Full Senate action would typically require overcoming a filibuster and securing 60 votes, a threshold complicated by near-unified Democratic opposition. The resolution directs the president of the Senate to certify the findings to the U.S. Attorney for the District of Columbia.

Contempt of Congress is a criminal offense that can carry penalties including fines and imprisonment of up to one year if prosecutors pursue charges and secure a conviction. Similar referrals in recent years involving other individuals have resulted in prosecutions and prison sentences.

The vote marks an escalation in Paul’s long-running scrutiny of Fauci, which has included previous criminal referrals related to alleged false statements to Congress and other issues. Those earlier referrals did not result in charges. Fauci has consistently denied wrongdoing and characterized the investigations as politically motivated. A representative for Fauci could not be immediately reached for comment following the committee action.

The matter now rests with the Justice Department, which will determine whether to initiate formal proceedings. The outcome will test the practical reach of congressional contempt authority in a case involving a high-profile former official who received a broad presidential pardon covering the primary period under examination.

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