Senate Committee Votes to Hold Dr. Fauci in Contempt Over Fifth Amendment Invocation
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The Senate Homeland Security and Governmental Affairs Committee voted along party lines to hold Dr. Anthony Fauci in contempt of Congress after he invoked his Fifth Amendment rights during a COVID-19 hearing, referring the matter to the Justice Department.
The Senate Homeland Security and Governmental Affairs Committee voted Thursday to hold Dr. Anthony Fauci in contempt of Congress after he declined to answer questions at a hearing on his handling of the COVID-19 pandemic, invoking his Fifth Amendment right more than 100 times. The resolution, passed along party lines, directs the Justice Department to review a possible prosecution for contempt.
A Department of Justice spokesperson confirmed receipt of the referral and said the agency is reviewing it and will work with the Senate as appropriate.
Republican Senator Rand Paul, the committee chair, argued that Fauci’s pardon by Joe Biden does not shield him from being compelled to testify, stating, "Dr. Fauci faced no risk of federal prosecution. All he had to do was tell the truth." He framed the vote as a question of whether a pardoned witness can defy a congressional order without consequence.
Fauci, in a statement, said he invoked the Fifth Amendment because he feared criminal charges, citing Paul’s repeated public statements suggesting he could be jailed. His attorney, David Schertler, called the contempt vote a "politically-motivated" action and accused Paul of abusing his power.
Democratic senators opposed the resolution, with Senator Maggie Hassan noting that the committee’s aim appeared to be to force Fauci into a statement that could later be used to pursue charges. Senator Gary Peters warned that punishing a witness for asserting Fifth Amendment rights could deter future congressional oversight.
The referral does not obligate the Justice Department to act, and any decision to prosecute would rest with federal prosecutors. The vote underscores ongoing partisan disputes over congressional authority to compel testimony from officials who have received presidential pardons.