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Contempt vote escalates
A Republican-controlled U.S. Senate committee voted Thursday to hold former top infectious-disease official Anthony S. Fauci in contempt of Congress after he refused to answer questions during a hearing examining his handling of the COVID-19 pandemic.
“A US Senate committee has voted to hold former top health official Anthony Fauci in contempt of Congress”
The vote cleared the way for the committee to refer the case to the Justice Department for potential prosecution for failing to comply with a congressional subpoena, and the resolution accuses Fauci, 85, of failing to obey the subpoena.
Senate Homeland Security and Governmental Affairs Committee chair Rand Paul said, "Seeking the truth is not a witch hunt," as he argued the contempt power exists for the circumstance.
Fauci’s lawyer, David Schertler, called the move a "crude political stunt intended to punish Dr. Fauci for exercising his constitutional rights," and said Fauci has committed no crime.
Bypassing the floor
CBS News reported that Rand Paul intended to send the contempt resolution directly to the Justice Department as a referral, and a congressional aide later told CBS News that the referral had been sent to the Justice Department.
CBS News also said the GOP-led committee voted 8 to 5 Thursday on the resolution to hold Fauci in contempt, with all Democrats opposing, and two more opposing by proxy vote.
Paul told CBS News, "Holding a witness in contempt is a serious thing, and it should be rare," while arguing that the contempt power exists for precisely this circumstance.
Democrats warned that the process would create a damaging precedent, and USA TODAY quoted Sen. Gary Peters saying, "What it will do is create a damaging precedent that future witnesses will use to resist legitimate congressional oversight."
Legal stakes and fallout
The contempt referral is tied to Fauci’s repeated invocation of the Fifth Amendment during testimony last week, when he invoked his constitutional right against self-incrimination more than 100 times, arguing Kentucky Senator Rand Paul was trying to put him "behind bars".
“During his testimony last week, Fauci invoked his constitutional right against self-incrimination more than 100 times”
The Washington Post reported that Fauci’s phone log was provided to Senate Permanent Subcommittee on Investigations chair Ron Johnson, with Johnson writing on X that he hopes the device will help answer many of the questions Fauci refused to answer during the hearing.
The BBC said it remains unclear whether the Justice Department will pursue the case, even as the vote clears the way for referral.
In the same dispute over whether Fauci could invoke the Fifth Amendment after a presidential pardon, the BBC reported that former President Joe Biden gave Fauci a pre-emptive pardon on his last day in office in 2025, protecting him from federal prosecution for his actions between 2014 and 2025.
