Senator Rand Paul moves to refer Dr. Anthony Fauci for contempt of Congress after Fifth Amendment invocation
The Senate Homeland Security and Governmental Affairs Committee will vote on a contempt resolution against Dr. Anthony Fauci, with Senator Rand Paul planning to send a criminal referral to the Justice Department.
The Senate Homeland Security and Governmental Affairs Committee is set to vote on a contempt of Congress resolution targeting Dr. Anthony Fauci, who invoked the Fifth Amendment during a recent hearing. Senator Rand Paul, who chairs the committee, said he expects the measure to pass the subcommittee and intends to forward a criminal referral directly to the Justice Department, bypassing a full Senate vote that would require a 60-vote threshold. "We can debate that, but since it’s not really a law, it doesn't have an exact procedure," Paul told Fox News.
The resolution would direct Vice President J.D. Vance, as president of the Senate, to certify the contempt finding and refer the matter to the U.S. Attorney for the District of Columbia. Contempt of Congress is a federal misdemeanor punishable by a fine and up to one year in prison.
Legal experts have generally affirmed Fauci’s right to invoke the Fifth Amendment, noting that Biden’s pardon does not shield him from state or local prosecutions that could justify the claim. University of North Carolina law professor Michael Gerhardt told the Associated Press that Fauci was placed in a situation where “one of the smartest things to do” was to limit his responses.
During the hearing, Fauci delivered brief remarks stating his intention to plead the Fifth and later declined to answer more than 100 questions. He accused Paul of seeking his prosecution and of making “repeated slanderous comments.” Committee Republicans, including Senator Bernie Moreno, questioned Fauci aggressively, while Democratic members defended his service.
In the days before the hearing, Paul released over 1,000 pages of Fauci’s personal diaries from 2019 to 2022, prompting criticism from some quarters. The diaries reveal Fauci’s reflections on his public profile during the pandemic and contain remarks about interactions with political leaders, including critical comments about President Donald Trump’s briefings.