Senate Committee Advances Contempt Resolution Against Anthony Fauci
The Senate Homeland Security and Governmental Affairs Committee voted 8-7 along party lines to advance a contempt of Congress resolution against Dr. Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases. The vote followed a hearing at which Fauci invoked the Fifth Amendment more than 100 times while declining to answer questions about the federal response to COVID-19 and the origins of the virus.
Republican committee chair Sen. Rand Paul argued that Fauci was not entitled to invoke the protection because former President Joe Biden had pardoned him for potential federal offenses committed from January 1, 2014, through January 19, 2025. Republicans also noted that false statements made during the hearing could create new exposure to perjury charges. Fauci’s attorney, David Schertler, maintained that the constitutional claim was valid. Fauci accused Paul of pursuing the hearing to support longstanding calls for his prosecution.
Under Senate procedure, the contempt resolution would normally proceed to the full Senate for consideration. Passage would allow certification and referral to the Justice Department. However, the measure appears unlikely to secure the 60 votes needed to overcome a filibuster. Paul said he would instead deliver the resolution directly to the department, a step legal experts said may prompt an investigation but would not carry the same procedural force as a Senate-approved referral.
Contempt of Congress is a federal misdemeanor covering willful obstruction of a congressional investigation, including refusing to answer relevant questions. A conviction can bring up to one year in prison and a fine of as much as $100,000. Prosecutors would nevertheless have to establish that Fauci acted willfully.
Legal analysts cited in the report disagreed over the implications of Biden’s pardon and the scope of Fauci’s Fifth Amendment rights. They noted limited precedent and the possibility of lengthy litigation.