Senate Panel Votes 8-5 to Hold Fauci in Contempt, Bypassing Floor Vote

The Senate Homeland Security and Governmental Affairs Committee voted 8 to 5 on Thursday to hold Dr. Anthony Fauci in contempt of Congress, according to CBS News. All Democrats on the committee opposed the resolution, and two more members voted against it by proxy. Committee Chairman Rand Paul, a Kentucky Republican, bypassed a vote of the full Senate and sent the matter to the Justice Department as a committee referral, CBS reported, citing a congressional aide who confirmed the referral went out Thursday.

The vote follows Fauci’s appearance a week earlier under subpoena, when he invoked his Fifth Amendment right against self-incrimination more than 100 times, according to PBS NewsHour and Reuters. Paul said Fauci declined to answer 111 times. Contempt resolutions normally go to the full Senate. This one directs Vice President JD Vance, as president of the Senate, to certify the committee’s report to the U.S. attorney for the District of Columbia, Jeanine Pirro, CBS reported. Whether to bring charges rests with the Justice Department. Paul said a full Senate vote could follow after the August recess but acknowledged there might not be a point to it; CBS reported the measure would likely fall short of the 60 votes needed, given 53 Republicans in the Senate.

Paul framed the vote as a question about pardoned witnesses. President Biden preemptively pardoned Fauci on Jan. 19, 2025, and Paul argues the pardon removes any basis for refusing to answer. He called it an unsettled legal question and said, “the contempt power exists for precisely this circumstance,” CBS reported. PolitiFact reported last week that many legal experts believe the pardon covers only actions before that date and only federal violations, which would leave testimony given in July uncovered.

Sen. Gary Peters of Michigan said “criminal contempt is punitive. It does not compel a witness to answer questions,” and warned of a “damaging precedent” that future witnesses could use, CBS reported. Democrats tried repeatedly to table or postpone the vote, but the Republican majority blocked them.

Fauci’s lawyer, David Schertler, called the vote a “crude political stunt intended to punish Dr. Fauci for exercising his constitutional rights,” and referred to “Senator Paul’s personal vendetta.” Fauci’s attorney told CBS the week before that Fauci had “solid legal ground” for invoking the privilege. PBS NewsHour reported that anyone can assert the Fifth if they believe they could be prosecuted, and Jessica Roth, a former federal prosecutor, said Paul’s statements show he is “very much interested in prosecuting Mr. Fauci.”

The precedent most often cited is from the other side of the aisle. Steve Bannon and Peter Navarro were charged with contempt over Jan. 6 committee subpoenas, found guilty and served months in prison, CBS noted. Both had refused to appear at all, unlike Fauci, who appeared and invoked the Fifth, PolitiFact reported.

Paul has alleged that Fauci misled Congress about National Institutes of Health funding for research in Wuhan, China; Fauci has denied it. Reuters reported that U.S. intelligence agencies remain divided on the origin of COVID-19.