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Senate committee set to vote on whether to hold Fauci in contempt of Congress
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Rand Paul, R-Ky., has "an unhinged obsession" with him and suggested the hearing was convened in an attempt to trick Fauci into lying under oath.
Science Anthony Fauci invokes Fifth Amendment in Rand Paul Senate hearing "Therefore, although it pains me to do so because of the respect I have for the legislative branch of government and my decades-long record of cooperating with Congress," Fauci said, "under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions."
Fauci told the committee he had answered many of their questions already during previous testimony.
In the days leading up to last week's hearing, Paul released more than 1,000 pages of Fauci's private diary entries, pointing to them as evidence that he masked private uncertainty about what caused the pandemic.
Sen. Rand Paul, R-Ky., delivers his opening statement as Fauci testifies before the Senate Homeland Security and Governmental Affairs Committee on July 29. That immunity stems from a pardon that Fauci received from President Joe Biden for conduct between 2014 and January 2025 — a pardon that the then-president described as "preemptive" given Republican scrutiny of Fauci.
The 2025 pardon wouldn't protect Fauci from any prosecution stemming from conduct after that date, including any remarks made during present-day congressional testimony.
While prosecutions are rare, two former Trump advisers — Steve Bannon and Peter Navarro — were imprisoned on contempt-of-Congress charges during the Biden administration.
Many Democrats now see a similar risk for Fauci, pointing to the prosecution of other former government officials whom President Trump is critical of, including his former FBI director, James Comey.
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− Fresh Air Wild Card with Rachel Martin It's Been a Minute Embedded Get NPR+ More Podcasts & Shows Search Newsletters NPR Shop Get NPR+ Tiny Desk New Music Friday All Songs Considered Music Features Live Sessions About NPR Diversity Support Careers Press Ethics Senate committee to vote on contempt of Congress for Fauci Republicans on the Senate Homeland Security Committee want to hold Fauci in contempt of Congress after he refused to answer their questions about the government's response to the COVID-19 pandemic.
+ Fresh Air Wild Card with Rachel Martin It's Been a Minute Embedded Get NPR+ More Podcasts & Shows Search Newsletters NPR Shop Get NPR+ Tiny Desk New Music Friday All Songs Considered Music Features Live Sessions About NPR Diversity Support Careers Press Ethics Senate panel votes to hold Fauci in contempt of Congress Republicans on the Senate Homeland Security Committee voted to hold Fauci in contempt of Congress after he refused to answer their questions about the government's response to the COVID-19 pandemic.
− Politics Senate committee set to vote on whether to hold Fauci in contempt of Congress August 6, 20263:16 AM ET Heard on Morning Edition Eric McDaniel
Anthony Fauci, a former director of the National Institute of Allergy and Infectious Diseases, listens during a hearing with the Senate Homeland Security and Governmental Affairs Committee on July 29.
+ Politics Senate Homeland Security committee votes to hold Fauci in contempt of Congress Updated August 6, 202610:44 AM ET Originally published August 6, 20263:16 AM ET Heard on Morning Edition Eric McDaniel
Anthony Fauci, a former director of the National Institute of Allergy and Infectious Diseases, listens during a hearing with the Senate Homeland Security and Governmental Affairs Committee on July 29.
− Anna Moneymaker/Getty Images hide caption
Anthony Fauci, the 85-year-old retired health official who helped lead the U.S. government's response to the coronavirus pandemic, faces a contempt-of-Congress vote Thursday.
+ Anna Moneymaker/Getty Images hide caption
The Senate Homeland Security and Governmental Affairs Committee has voted to hold Anthony Fauci in contempt of Congress.
− The punitive measure under consideration by the Republican-led Senate Homeland Security and Governmental Affairs Committee comes after he refused to answer lawmakers' questions in a hearing last week, citing his Fifth Amendment right to avoid self-incrimination.
+ Thursday's vote was along party lines, and came after Fauci refused to answer lawmakers' questions in a hearing last week about the government's response to the COVID-19 pandemic, citing his Fifth Amendment right to avoid self-incrimination.
− In an opening statement, Fauci said that the committee chairman, Sen.
+ In an opening statement during that hearing, Fauci said that the committee's chairman, Sen.
− Fauci, the United States' leading infectious disease expert during the pandemic, has long sparred with Paul over the origins of the pandemic.
+ In a statement following Thursday's vote, an attorney for Fauci, David Schertler, said, "Today's partisan committee vote is a crude political stunt intended to punish Dr.
+ Fauci for exercising his constitutional rights."
Fauci, the United States' leading infectious disease expert during the pandemic, has long sparred with Paul over the origins of the pandemic.
− Anna Moneymaker/Getty Images hide caption
During that hearing, Paul indicated that Fauci shouldn't be concerned about testifying, given his immunity from prosecution over pandemic-era conduct.
+ Anna Moneymaker/Getty Images hide caption
Paul has argued that Fauci shouldn't be concerned about testifying, given his immunity from prosecution over pandemic-era conduct.
− If Republicans do vote to hold Fauci in contempt of Congress, the Justice Department will then decide whether to pursue a criminal prosecution.
+ In remarks just before the contempt vote, Paul said the committee was strictly responding to Fauci's refusal to testify, rather than his decisions during the pandemic.
"The chair directed Anthony Fauci to answer.
+ He refused. That is what we are voting on today. Not his opinions. Not his policies. Not anything he said from the podium six years ago. We are voting on whether a witness who has received the benefit of a federal pardon can be ordered by this committee to answer questions and then defy that order without consequence," Paul said.
Democrats sought to table the vote, warning of the harm it could mean for the panel's oversight role.
"To be clear, this resolution will not provide the committee with any additional information or compel Dr. Fauci to provide answers to our inquiries," said Michigan's Gary Peters, the committee's top Democrat. "Criminal contempt is punitive. It does not compel a witness to answer questions or produce the documents we'd all like to see. What it will do is create a damaging precedent that future witnesses will use to resist legitimate constitutional, or excuse me, congressional oversight, and weaken this committee's ability to compel testimony."
It will ultimately be up to the Justice Department to decide whether to pursue a criminal prosecution of Fauci. Paul's contempt resolution, as written, directs the President of the Senate, Vice President Vance, to certify the committee's decision to the U.S. Attorney for the District of Columbia.
Doing so would sidestep a vote by the entire Senate, but in order for the resolution to carry the full force of Congress the GOP would need to secure 60 votes for it.