Rand Paul's Senate Homeland Security Committee Votes to Hold Anthony Fauci in Contempt of Congress Over Improper Invocation of Fifth Amendment During COVID Hearing
WASHINGTON — A Republican-led Senate committee voted Thursday to hold Dr. Anthony Fauci in contempt of Congress after he repeatedly invoked his Fifth Amendment right against self-incrimination during testimony tied to an investigation into the origins of COVID-19, intensifying a yearslong confrontation between the former top U.S. health official and Sen. Rand Paul.
The Senate Homeland Security and Governmental Affairs Committee approved the resolution in an 8-5 party-line vote, with Democrats unanimously opposed and two additional Democratic votes cast by proxy. Rather than waiting for action by the full Senate, Paul said he plans to forward the contempt referral directly to the Justice Department.
"Holding a witness in contempt is a serious matter, and it should be used sparingly," Paul said before the vote. "But this is exactly why Congress has that authority."
Fauci appeared before the panel under subpoena last week and declined to answer every question posed by lawmakers, invoking his constitutional protection against self-incrimination 111 times.
The hearing marked the latest chapter in Paul's long-running scrutiny of Fauci, whom the Kentucky Republican has repeatedly accused of misleading the public about the origins of the coronavirus pandemic. Ahead of the testimony, Paul released more than 1,000 pages of Fauci's personal journal entries from his time leading the federal pandemic response.
In his opening statement, Fauci accused Paul of using the hearing as part of a broader campaign to pursue criminal charges against him.
"The only conclusion I can reach is that the sole reason he is calling me before this committee is to get me to say something — anything — that could vindicate his repeated public pledges that I end up, in his words, 'behind bars,'" Fauci said.
The dispute centers on whether Fauci was entitled to invoke the Fifth Amendment after receiving a sweeping federal pardon from former President Joe Biden. Paul argues the pardon eliminated any realistic threat of federal prosecution, making Fauci's refusal to testify legally questionable.
Fauci's attorney has rejected that argument, telling CBS News that Fauci had "solid legal ground" to assert his Fifth Amendment rights. Paul has countered that the issue has not been definitively settled in court.
"This committee is not judging Dr. Fauci's opinions or his policies," Paul said before Thursday's vote. "The question is whether a witness who has received the benefit of a sweeping federal pardon can refuse a congressional order to answer questions without consequence."
"We have one question before us," Paul added. "Should a witness be held accountable for contempt of Congress? He had 111 opportunities to answer questions relevant to our investigation, and he chose not to."
Democrats repeatedly attempted to delay or table the resolution during the committee meeting but were overruled by the Republican majority.
Sen. Gary Peters of Michigan, the committee's top Democrat, warned the move could weaken Congress' oversight authority rather than strengthen it.
"Criminal contempt is punitive," Peters said. "It does not compel a witness to answer questions or produce documents. What it will do is create a damaging precedent that future witnesses may rely on to resist legitimate congressional oversight."
Although contempt referrals are typically considered by the full Senate, Paul has argued that a committee referral alone is sufficient and said he intends to send the recommendation to the Justice Department without delay.
"We will send it to the Department of Justice tomorrow so there's no delay," Paul told reporters Wednesday.
Paul said Senate leadership could still schedule a floor vote after lawmakers return from the August recess, though he questioned whether such a vote would be necessary if the Justice Department is already reviewing the referral.
Any Senate vote would likely face steep procedural hurdles. Republicans hold 53 seats, short of the 60 votes typically required to overcome a filibuster, meaning Democratic support would almost certainly be needed.
Under the resolution, Vice President JD Vance, acting as president of the Senate, would certify the committee's findings to U.S. Attorney for the District of Columbia Jeanine Pirro. Any decision to pursue criminal charges would rest with the Justice Department.
The latest effort echoes previous congressional contempt battles. In 2021 and 2022, the Democratic-led House recommended criminal contempt charges against several allies of then-former President Donald Trump who defied subpoenas issued by the Jan. 6 committee. Steve Bannon and Peter Navarro were later prosecuted, convicted and served prison sentences after refusing to comply with congressional demands.