USA05 August, 20262 min read
Senate Committee Votes Thursday To Hold Anthony Fauci In Contempt After Fifth Amendment Invocations
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Fauci invoked the Fifth Amendment during congressional testimony. Senate committee will vote on contempt and refer the matter to the DOJ.
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Contempt Vote Looms
A Senate Homeland Security and Governmental Affairs Committee vote on Thursday, August 6, will decide whether to hold Dr. Anthony Fauci in contempt of Congress after he invoked the Fifth Amendment more than 100 times during a recent hearing about the COVID-19 pandemic.
Sen. Rand Paul, the committee chair, said, "I think there is a very good chance that we will win the vote," and he vowed that "The next step will be when we send the referral over directly to the Department of Justice."
Paul’s contempt resolution is set to be certified by Vice President JD Vance, as Senate president, for referral to the U.S. attorney for the District of Columbia, according to the Associated Press as cited by KFBK.
Fauci, who left federal service in 2022, said in his hearing remarks, "I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions."
Pardons, Fifth Amendment, and Dispute
Sen. Gary Peters of Michigan, the ranking Democrat on Paul’s committee, argued in a letter to colleagues obtained by The Hill that "Those rights are not negated by the existence of a pardon," ahead of the Thursday committee vote.
Peters wrote that a federal pardon does not eliminate Fifth Amendment protection if a person still faces a "real and appreciable" risk of federal or state prosecution, while Paul and other Republicans argue Fauci’s pardon means he cannot rely on the privilege.
Fauci’s hearing record is central to the dispute, with The Hill stating that Fauci pleaded the Fifth 111 times during the hearing and that he refused to answer a single question.
The Hill also reported that the Justice Department previously declined to prosecute a similar case in 2013 involving Lois Lerner after she pleaded the Fifth after giving an opening statement, and that Peters said Paul could seek immunity to compel testimony.
What Happens Next
If the contempt measure passes, Vice President JD Vance would certify the report to the U.S. attorney for the District of Columbia, and the NewsNation report said the process could set the stage for a legal showdown about presidential pardons and the Fifth Amendment.
“Does his Fifth Amendment privilege apply when he has a pardon?”
NewsNation also said Sen. Rand Paul argued that because Fauci received a 10-year, backward-looking pardon from President Joe Biden in 2025, "Does his Fifth Amendment privilege apply when he has a pardon?"
The Hill reported that Florida Attorney General James Uthmeier wrote on X, "My office is launching an investigation into Dr. Fauci. It’s past time we get the truth of what happened during COVID," after the hearing.
CNN en Español reported that a Senate subcommittee investigating Fauci obtained a copy of his iPhone from the Department of Health and Human Services ahead of the contempt vote, and CNN quoted Ron Johnson saying, "I hope this device answers many of the questions he refused to answer at last week’s hearing."