USA06 August, 20262 min read
Senate Committee Votes To Hold Anthony Fauci In Contempt, Refers Case To Justice Department
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Senate committee voted along party lines to hold Fauci in contempt. Justice Department referred the case for potential criminal charges.
Fauci Contempt Vote
A Senate committee voted Thursday to hold Dr. Anthony Fauci in contempt of Congress for refusing to answer questions at a hearing on his handling of the COVID-19 pandemic, setting up a referral to the Justice Department for potential investigation.
The vote came after Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times when he appeared before the Senate Committee on Homeland Security and Governmental Affairs.
Republican Sen. Rand Paul of Kentucky, the committee chairman, argued that constitutional protection did not apply because Fauci last year received a pardon from Democratic President Joe Biden.
Fauci’s lawyer, David Schertler, said the contempt resolution was “a continuation of Senator Paul’s personal vendetta against Dr. Fauci.”
A department spokesperson confirmed Thursday evening that the Justice Department had received the contempt referral and was “reviewing it and will work with the Senate accordingly.”
Pardon, Fifth, and Pushback
Paul said “Dr. Fauci faced no risk of federal prosecution,” arguing that the pardon meant Fauci did not have to worry about prosecution.
Fauci, in a statement last week explaining his decision to invoke his Fifth Amendment rights, said he had good reason to fear the possibility of criminal charges given what he said was Paul’s determination “to get me to say something, anything, that could vindicate his repeated public pledges that I end up, in his words, quote, behind bars, unquote.”
Democrats who unanimously opposed the contempt resolution agreed with Fauci that he had a well-founded fear of self-incrimination given publicly stated desires of Republican lawmakers, including Paul, to see him prosecuted in connection with COVID.
Sen. Maggie Hassan, D-N.H., said the “weaponized Department of Justice file criminal charges” scenario would leave Fauci little choice but to invoke his constitutional right to not walk directly into a trap.
Trump weighed in Thursday at the White House, saying “When you see that happen, you sort of say maybe he should,” referring to Fauci being prosecuted.
What Happens Next
The committee’s top Democrat, Sen. Gary Peters of Michigan, questioned whether the referral would be legally valid if Paul did not seek a vote before the full Senate, where 60 votes needed to pass the resolution are seen as unlikely.
“A referral from Congress does not compel the Justice Department to act.”
A referral from Congress does not compel the Justice Department to act, leaving prosecutors in Washington to decide whether to investigate or potentially attempt to prosecute Fauci for contempt.
CNN framed the move as Republicans bringing “the heat” after years of criticism, while also describing it as a selective exercise because Fauci’s alleged offenses could potentially be lodged at President Donald Trump.
In that same CNN account, Rand Paul said at the hearing that “Publicly, Anthony Fauci promoted the theory that the virus arose naturally,” while privately he was well aware of evidence suggesting the virus originated in the lab.
The stakes for Fauci hinge on whether the Justice Department pursues charges after the contempt referral, after which the courts would determine whether the contempt resolution can be upheld.