Sen. Rand Paul (R-Ky.) predicted that a Senate homeland security panel would hold Dr. Anthony Fauci in contempt after the official invoked the Fifth Amendment more than 100 times during subpoenaed testimony.
Paul Presses Ahead With Contempt Vote
“I think there is a very good chance that we will win the vote,” Paul told Fox News Digital in an account which was reported on Thursday. “The next step will be when we send the referral over directly to the Department of Justice.”
Paul added on X, “I’ve sent two criminal referrals on Fauci to two different administrations. Tomorrow’s contempt vote adds the weight of an entire committee behind it. The truth is coming out, one way or another.”
The vote extends Paul’s yearslong fight with Fauci over COVID-19’s origins, U.S.-funded virus research and whether Fauci misled Congress. Paul subpoenaed the former NIAID director in June after releasing more than 1,100 pages of pandemic-era diaries. Fauci denies lying or concealing the virus’s origins.
Fauci Cites Fifth Amendment And Pardon Risks
At the July 29 hearing, Fauci said, “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 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 accused Paul of pursuing an “unhinged” campaign to imprison him and said answering could expose him to new accusations. The committee resolution argues that former President Joe Biden’s pardon removed Fauci’s federal prosecution risk and that his opening statement waived any remaining privilege.
Biden pardoned Fauci for potential federal offenses from Jan. 1, 2014, through Jan. 19, 2025. The pardon does not cover later conduct or state charges.
Paul questioned whether the pardon leaves Fauci any Fifth Amendment protection. Legal experts told Reuters that courts have not resolved whether a pardoned witness may refuse congressional questions about pardoned conduct.
Referral Faces Uncertain Path Through Congress
Paul wants to send the referral directly to Washington’s U.S. attorney. Reuters said the standard process requires committee approval and a full Senate vote, likely needing 60 senators, before prosecutors decide whether to seek an indictment.
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