Senate Panel Refers Dr. Fauci to Justice Department for Contempt of Congress

The Senate Homeland Security and Governmental Affairs Committee voted Thursday to hold Dr. Anthony Fauci in contempt of Congress, referring the former Director of the National Institute of Allergy and Infectious Disease (NIAID) to the Department of Justice for potential prosecution after he repeatedly refused to answer questions about his actions during the COVID-19 pandemic.

The 8-5 party-line vote comes shortly after AMAC Action mobilized its members to urge senators to hold Fauci accountable for contempt of Congress. AMAC members responded by contacting their senators and calling for action following Fauci’s refusal to cooperate with congressional oversight.

Fauci invoked his Fifth Amendment right against self-incrimination 111 times during a July 29 committee hearing examining the origins of COVID-19, controversial pandemic policies, and U.S. funding for risky coronavirus research connected to the Wuhan Institute of Virology.

His refusal was so sweeping that Fauci would not answer even innocuous questions about the color of his tie or the day of the week.

“All he had to do was tell the truth,” Committee Chairman Rand Paul (R-KY) said before Thursday’s vote. “More than 100 times, though, he refused.”

Republicans argue that Fauci had no legitimate basis for invoking the Fifth Amendment regarding conduct covered by the sweeping pardon he received from former President Joe Biden. The pardon protected Fauci from federal prosecution for actions taken between January 2014 and January 2025 – covering virtually the entire period under examination.

Paul ruled during the hearing that Fauci’s assertion of the privilege was unsupported because the pardon eliminated any reasonable threat of federal prosecution for the conduct in question. Fauci nevertheless continued refusing to answer.

Paul also noted that many of the questions concerned exclusively federal matters, including federal research funding, federal employees, Freedom of Information Act requirements, and the use of taxpayer resources.

Fauci and his attorneys contend that he still faced potential state prosecution and could have been charged over any allegedly false statements made during the hearing. Attorneys general in Florida, Louisiana, and West Virginia have reportedly sought testimony or records from Fauci.

Democrats characterized the contempt vote as an attempt to punish Fauci for exercising a constitutional right. Sen. Gary Peters (D-MI) warned that the committee’s action could make future witnesses hesitant to appear before Congress.

But Republicans framed the dispute more simply. As they see it, a federally pardoned witness appeared before Congress, delivered an opening statement, and then refused to answer virtually every question posed to him – even after being directed by the committee chairman to respond.

The Justice Department confirmed that it had received the referral and was reviewing it. A congressional referral does not require prosecutors to bring charges, and Democrats have questioned whether the committee can bypass a vote by the full Senate.

If prosecuted and convicted of misdemeanor contempt of Congress, Fauci could face up to one year in prison and a fine.

For years, Fauci demanded that Americans trust his judgment while denying accountability for his decisions, testimony, and handling of taxpayer-funded research. But now that Congress is demanding answers, the man once presented as the unquestionable voice of “the science” has chosen silence.