The Senate Homeland Security and Governmental Affairs Committee has voted to hold Dr. Anthony Fauci in contempt of Congress for refusing to answer questions during a hearing, despite being issued a subpoena. Fauci invoked his Fifth Amendment right against self-incrimination 111 times, stating, "On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment of the Constitution." Republican senators argued that his previous pardon by President Biden obligated him to testify. The committee approved the contempt referral in a party-line 8-5 vote.
Sen. Rand Paul, R-Ky., the committee chairman, stated his intention to deliver the referral to the Justice Department and the district court. However, this unilateral action bypasses the customary procedure of a full Senate vote to refer such matters for prosecution. Democrats on the committee, including Ranking Member Sen. Gary Peters, D-Mich., criticized the move, arguing it sets a dangerous precedent that could weaken Congress's ability to compel testimony and that a criminal contempt referral is punitive rather than coercive.
"No individual senator and no committee speaks for the entire Senate as a whole," Peters said. "The chairman has also suggested he may attempt to refer this matter to the Department of Justice without approval of the full Senate. That would be even more dangerous and widely unprecedented."
Democrats also suggested that the Republican inquiry was designed to find a misstatement by Fauci that would not be covered by his pardon, allowing for potential prosecution. Fauci's attorney, David Schertler, accused Paul of attempting to "weaponize the Justice Department" against his client. Republicans countered that Democrats were excluded from witness interviews and ignored access to findings uploaded to a committee website.
The Senate Homeland Security Committee's action and subsequent referral to the Justice Department will present an early test for newly confirmed Attorney General Todd Blanche. The decision on whether to pursue prosecution rests with the Department of Justice. Some senators have expressed concerns about "lawfare" and the prosecution of political enemies, a sentiment that may influence the Department's review of the referral.