A Senate committee is scheduled to vote Thursday on whether to hold Dr. Anthony Fauci in contempt of Congress and refer him to the Justice Department for potential prosecution. The vote stems from Fauci's refusal to answer questions at a hearing last week concerning his handling of the COVID-19 pandemic.
During the hearing, Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times. Sen. Rand Paul, the Republican chairman of the Senate Committee on Homeland Security and Governmental Affairs, argued that the constitutional protection did not apply because Fauci had received a presidential pardon from President Joe Biden. Paul stated that the pardon meant Fauci should not have to fear prosecution.
However, Fauci issued a statement prior to the hearing asserting that he had valid reasons to fear potential criminal charges. He cited Paul's stated determination to elicit testimony that would support claims of Fauci ending up "behind bars."
The pardon issued by President Biden covers acts from 2014 through January 2025. It does not, however, shield Fauci from state-level prosecutions or from investigations into any testimony he did provide that lawmakers might deem false.
The Republican-led panel's referral, if passed, would go to the U.S. Attorney's Office in Washington for a decision on whether to investigate or prosecute Fauci for contempt.
Paul has previously sent contempt referrals for Fauci independently. He acknowledged that such resolutions typically proceed to a full Senate vote, but he expressed a desire to expedite the process, stating he did not "want to waste time." A full Senate vote would likely require 60 votes to advance, a threshold he suggested might be difficult to meet.
"We still might come to the floor, but at this point, the first thing we will do is we will send it over as a recommendation from our committee, if it passes," Paul said.
This situation raises complex questions regarding lawmakers' authority to compel testimony from individuals who have received a presidential pardon. The outcome could have broader implications, particularly given the possibility of former President Trump granting clemency to his aides before leaving office.