The Senate Homeland Security and Governmental Affairs Committee voted 8-7 along party lines to hold Dr. Anthony Fauci in contempt of Congress. The move follows a hearing last week where the former health official invoked his Fifth Amendment rights over 100 times in response to questioning regarding his actions during the Covid-19 pandemic.
Chairman Rand Paul spearheaded the vote, stating that the committee will bypass a full Senate floor vote and send the referral directly to the Department of Justice. This procedural choice presents a novel legal test as there is limited precedent for skipping a full chamber vote before requesting federal criminal charges. The Justice Department now faces the decision of whether to pursue prosecution against the retired government scientist.
Fauci’s legal counsel, David Schertler, described the committee action as a political stunt aimed at penalizing his client for exercising constitutional protections. During the previous hearing, Fauci noted that he invoked his Fifth Amendment rights because committee leadership previously expressed intentions to use testimony to build a criminal case against him, despite his receipt of a preemptive pardon from former President Joe Biden.
Legal analysts indicate that federal prosecutors face a high threshold if they choose to pursue this case. The committee also recently gained access to a copy of a phone used by Fauci during his time as director of the National Institute of Allergy and Infectious Diseases, which senators intend to use for further review. The matter now moves to the executive branch, where the Justice Department must evaluate if a formal charge is warranted.