Fauci Faces Contempt Vote Tomorrow—Here’s What To Expect

Key Facts

What Do We Know About The Contempt Vote?

Fauci will first look a contempt of Congress ballot wrong the 15-member Homeland Security and Governmental Affairs committee, which has an eight-member Republican majority. Paul has said he believes the solution will walk successful committee, but suggested he would nonstop the criminal referral consecutive to the Department of Justice, alternatively than holding a ballot successful the afloat Senate. “We tin statement that, but since it’s not really a law, it doesn't person an nonstop procedure,” Paul told Fox News of his determination to skip a afloat Senate vote—which faces a higher barroom to pass, arsenic it would require 60 votes. The contempt solution says the president of the Senate, Vice President J.D. Vance, “shall certify” the solution and mention the study to the U.S. Attorney for the District of Columbia. Contempt of Congress is simply a federal misdemeanor that criminalizes a subpoenaed witnesser who refuses to “answer immoderate mobility pertinent to the mobility nether inquiry,” punishable pinch a good and up to 1 twelvemonth successful prison.

Was Fauci Permitted To Invoke The Fifth Amendment?

Whether Fauci was capable to wield his Fifth Amendment authorities to diminution to reply questions astatine past week’s proceeding is simply a taxable of debate, arsenic ineligible experts person mostly said he was capable to usage it—while Paul and different Fauci critics person based on Biden’s pardon of the infectious illness master precludes him from claiming his Fifth Amendment rights. Biden’s pardon of Fauci, which covers immoderate imaginable national offenses committed betwixt Jan. 1, 2014, and Jan. 19, 2025, does not screen actions committed aft the pardon was issued. But immoderate ineligible scholars person said Fauci is still nether reasonable threat of authorities aliases section prosecution, which could springiness him the correct to invoke the Fifth Amendment. “He was invited into a business wherever everyone successful the state understood that Rand Paul was trying to group him up for a criminal prosecution,” University of North Carolina rule professor Michael Gerhardt told the Associated Press, saying “one of the smartest things to do” successful Fauci’s business is to opportunity arsenic small arsenic possible.

What Happened At Fauci’s Hearing?

Fauci began the proceeding by delivering little prepared remarks, successful which he stated his intent to usage the Fifth Amendment to diminution to reply questions. Fauci accused Paul of an “obvious obsession pinch calling for my prosecution” and of making “repeated slanderous comments astir me,” alleging Paul was utilizing the proceeding to “get maine to opportunity something, anything, that could vindicate his repeated nationalist pledges that I extremity up, successful his words, quote, down bars.” Fauci pleaded the 5th much than 100 times astatine the hearing. Paul, during the hearing, warned Fauci it is “against the rule to obstruct an investigation of Congress” and suggested location would beryllium “repercussions” for his refusal to reply questions. During the hearing, Fauci was mostly targeted by Republican members of the committee, including Sen. Bernie Moreno, R-Ohio, who asked: “Who the f—k do you deliberation you were for doing that?” aft telling a communicative of a female arrested for not wearing masks astatine a shot game, while Democrats thanked Fauci for his work and defended him.

What Did Fauci’s Diaries Say?

Fauci, astatine the proceeding past week, accused Paul of releasing the diaries pinch the intent of “embarrassing and intimidating me.” Paul released much than 1,000 pages of Fauci’s individual diaries, spanning 2019 to 2022, days earlier the hearing, mostly sparking outrage from right-wing critics who accused Fauci of an obsession pinch fame and of making contradictory statements betwixt his nationalist comments and backstage diaries. In respective diary entries, Fauci processed his abrupt emergence to nationalist fame during the early days of the COVID-19 pandemic, detailing interactions pinch celebrities and noting merch had been made of him. In May 2020, he wrote the “situation pinch my nationalist and world fame is explosive and really unimaginable,” adding he mightiness beryllium “the astir celebrated and talked astir personification successful the state and 1 of the astir recognizable personification successful the world.” Critics besides slammed Fauci complete diary entries successful which he wrote he encouraged New York City activity to adjacent schools, contempt him saying successful a 2022 interview he had “nothing to do” pinch schoolhouse closures. In different diary entries, Fauci was fiercely captious of President Donald Trump, saying the COVID-19 “press briefings are a full S— Show pinch POTUS rambling,” besides describing a March 2020 gathering successful which Trump discussed TV ratings “and virtually everything other arsenic I was trying to support him connected track.”

further reading

Fauci Testimony: Rand Paul Threatens Contempt After Fauci Declines To Answer Questions (Forbes)

Fauci Testifies Today: Here’s What We Learned From His Diaries (Forbes)