Senate Committee Passes Fauci Contempt Resolution—Fauci’s Lawyer Calls It ‘Meritless’

Aug 06, 2026 11:04 PM - 1 hour ago 37

Topline

A Senate committee passed a solution to clasp Dr. Anthony Fauci successful contempt of Congress on statement lines, pinch each 8 Republicans voting successful favour while Democrats accused committee chair Sen. Rand Paul, R-Ky., of a “one-sided investigation and a rushed process.”

Dr. Anthony Fauci faces a contempt ballot earlier the Senate's Homeland Security and Governmental Affairs committee Thursday. (Photo by Anna Moneymaker/Getty Images)

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Key Facts

A solution to clasp Fauci successful contempt of Congress for refusing to reply questions during a proceeding past week passed successful the Homeland Security and Governmental Affairs committee Thursday morning, pinch each 8 Republicans voting successful favour and 7 Democrats voting against.

Paul has said he will nonstop the solution consecutive to the Department of Justice to mention him for prosecution, though Sen. Gary Peters, D-Mich., the committee’s apical Democrat, accused him Thursday greeting of trying to circumvent a Senate believe of sending contempt resolutions to the afloat Senate for a vote, which faces a higher barroom of 60 votes to walk and would require bipartisan support.

Before the vote, Peters accused Paul of orchestrating a “one-sided investigation and a rushed process” that could “harm our expertise to behaviour early investigations,” while Paul denied the investigation was partisan politics.

Paul released the matter of the committee’s contempt resolution Tuesday evening, which alleges Fauci’s usage of the Fifth Amendment is “unsupported” because erstwhile President Joe Biden pardoned him earlier leaving office—though immoderate ineligible experts person based on the threat of authorities aliases section prosecution intends Fauci is capable to invoke his Fifth Amendment rights.

Paul’s solution alleges Fauci “waived his correct to declare the privilege” because he opened his grounds pinch little remarks that addressed “subject matter pertinent to the questions nether inquiry.”

In a post connected X Tuesday, Paul said Fauci is “fully protected by a sweeping pardon, immune from prosecution, and he still refuses to comply pinch a lawful subpoena,” calling it the “very meaning of contempt for the American people.”

Fauci’s lawyer David Schertler antecedently said he is “completely confident” Fauci was “on coagulated ineligible crushed successful asserting” his Fifth Amendment rights, saying Paul “may beryllium a doctor, but he is not a lawyer.”

How Did Fauci React To The Contempt Vote?

“Today’s partisan committee ballot is simply a crude governmental stunt intended to punish Dr. Fauci for exercising his law rights,” Fauci’s lawyer David Schertler said successful a connection to Forbes. “The Senate should cull Senator Paul’s meritless and politically-motivated contempt resolution. For years, Senator Paul has proclaimed to anyone who would perceive that Dr. Fauci should beryllium prosecuted and put successful prison. Dr. Fauci has committed nary crime — and Senator Paul knows it.” Schertler accused Paul of having a “personal vendetta” against Fauci and said he is “abusing his powerfulness by trying to weaponize the Justice Department against an honorable nationalist servant.”

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.”