Senate Committee to Vote on Contempt Referral for Dr. Anthony Fauci

The Senate Homeland Security and Governmental Affairs Committee is scheduled to vote at 8:30 a.m. ET on a resolution that would refer former National Institute of Allergy and Infectious Diseases director Dr. Anthony Fauci to the Justice Department for contempt of Congress. Republican Chairman Sen. Rand Paul said the vote is about whether a witness who has received a presidential pardon can be compelled to answer questions and face consequences for defying the order.

During a recent hearing on the origins of COVID-19, Fauci invoked his Fifth Amendment right 111 times when questioned by lawmakers. Paul noted that, despite the pardon granted by Biden, statements made after Jan. 19, 2025 could still expose Fauci to perjury liability. Legal experts are divided on whether a presidential pardon eliminates Fifth Amendment protection for federal offenses, with some arguing the right persists as long as a prosecution threat exists.

If the committee approves the resolution, it will need a 60-vote majority in the Senate before a criminal referral can be sent to the Justice Department. Democrats on the panel have expressed concern that the move could intimidate scientific experts, with one senator stating it may deter future public-service participation by researchers.