WASHINGTON — Dr. Anthony Fauci could now face a criminal contempt case after a Republican-controlled Senate committee voted Thursday to refer the former nation’s top infectious disease official for prosecution over his refusal to answer questions about the COVID-19 pandemic.
The Senate Homeland Security and Governmental Affairs Committee approved the contempt resolution 8-5, with two additional Democratic senators voting by proxy against the measure, after Fauci invoked his Fifth Amendment right against self-incrimination 111 times during a combative hearing last week.
Committee Chairman Sen. Rand Paul (R-Ky.) argued Fauci forfeited any valid Fifth Amendment claim because former President Joe Biden issued him a broad pardon covering potential federal crimes committed between January 2014 and January 2025. Paul also contended Fauci waived the privilege by delivering an opening statement before declining to answer questions.
Republicans sought answers about federally funded gain-of-function research, the Wuhan Institute of Virology, COVID-19’s origins and Fauci’s previous testimony before Congress. Fauci also refused to answer routine questions, including one asking him to identify the color of his tie.
“A subpoena is not an invitation,” Paul said before the committee voted. “Seeking the truth is not a witch hunt. Accountability is what stands between the American people and a repeat of the mistakes of the past.”
Democrats countered that the committee was attempting to punish Fauci for exercising a constitutional right. Sen. Gary Peters (D-Mich.) warned the vote could discourage future witnesses from cooperating with congressional investigations. Democratic members unsuccessfully introduced several motions to delay the contempt vote, including one that would have granted Fauci immunity in exchange for his testimony.
The resolution authorizes Vice President JD Vance, acting as president of the Senate, to certify the committee’s report for referral to the Justice Department. If prosecutors pursue the case and Fauci is convicted of criminal contempt of Congress, he could face between one month and one year in prison and a fine that could reach $100,000 under federal sentencing law.
Fauci’s attorney called the contempt vote “a crude political stunt” designed to punish the former NIAID director for invoking his constitutional rights.
