- The Homeland Security and Governmental Affairs Committee approved a contempt referral for Dr. Anthony Fauci, pushed by its Republican Chair Rand Paul of Kentucky, a longtime Fauci antagonist.
- The vote followed a hearing where Fauci, who is 85 and retired in 2022, invoked the Fifth Amendment more than 100 times.
- Paul argued Fauci had no valid Fifth Amendment claim because the pardon nullified it and because Fauci waived any remaining protection by testifying; Fauci told the panel Paul had summoned him only to force testimony backing the senator’s repeated public pledges to see him imprisoned.
- A contempt referral typically must be approved by a congressional committee and then the full Senate, which would likely need a 60-vote majority, requiring Democratic support, highly unlikely given the party’s defense of Fauci; however, Paul suggested that vote may be unnecessary, telling Fox News he could send the referral directly to the Justice Department with a legal brief.
- If the referral proceeds, the U.S. Attorney’s Office in Washington, run by Trump ally Jeanine Pirro, would review it and decide whether to seek a grand jury indictment; Fauci also faces state-level scrutiny, with Louisiana joining Florida and Alabama in investigating his pandemic conduct.
A Senate panel's recent vote to hold Dr. Anthony Fauci in contempt of Congress stems from his invocation of the Fifth Amendment over 100 times during a hearing.
Fauci, who led the National Institute of Allergy and Infectious Diseases for 38 years, became a central figure in the U.S. pandemic response, facing significant backlash for his guidance on lockdowns and vaccines.
Senator Rand Paul, a long-time critic, argued that Fauci's Fifth Amendment claim is invalid due to a preemptive pardon issued by former President Joe Biden in January 2025, aimed at protecting Fauci from politically motivated prosecutions.
Paul stated, “Fauci had no valid Fifth Amendment claim because the pardon nullified it and because Fauci waived any remaining protection by testifying.”
The contempt referral requires approval from the full Senate, which is unlikely given Democratic support for Fauci. However, Paul indicated he might send the referral directly to the Justice Department, where it would be reviewed by U.S. Attorney Jeanine Pirro.
Additionally, Fauci faces investigations at the state level, with Louisiana joining Florida and Alabama in scrutinizing his pandemic conduct.
The political landscape surrounding Fauci remains contentious, as he continues to be a target of criticism from conservatives, particularly regarding his pandemic response measures that have been linked to over 1.1 million American deaths.
“The referral now heads to the full Senate, where a 60-vote majority is unlikely given Democratic support for Fauci. Paul told Fox News he could bypass that vote by sending the referral directly to the Justice Department, which would be reviewed by U.S. Attorney Jeanine Pirro.”
