Republican-led Senate committee votes to hold Anthony Fauci in contempt of Congress

Source: Allison Robbert/AP/dpa

A US Senate committee has voted to pursue legal action against immunologist Anthony Fauci for contempt of Congress, after he exercised his right to remain silent during a hearing. Republicans are levying serious accusations against the former coronavirus advisor.

Committee Vote and Background

The Republican-dominated Committee on Homeland Security and Governmental Affairs voted on the morning of August 7 (local time) in favor of a resolution to hold Fauci in contempt.

The move stems from Fauci's subpoena to appear before the committee. One week ago, he refused to answer senators' questions about the coronavirus pandemic, invoking the Fifth Amendment to the US Constitution and exercising his right to remain silent more than 100 times.

Legal Dispute Over the Fifth Amendment

The Fifth Amendment stipulates that no person may be compelled to incriminate themselves. However, Republican committee chairman Rand Paul argues that this protection does not apply to Fauci. Paul points to a pardon that former US President Joe Biden precautionarily arranged for Fauci shortly before leaving the White House.

"Fauci did not face criminal prosecution by federal authorities when testifying before the committee," Paul said before the vote. "He only had to tell the truth."

The extent to which a pardon actually limits the ability to invoke the Fifth Amendment remains unclear, the New York Times reports, citing legal experts.

Fauci's Role and Republican Criticism

Fauci led the National Institute of Allergy and Infectious Diseases for nearly four decades and served under seven US presidents. During the coronavirus pandemic, he became a central figure and did not shy away from confrontation with then-President Donald Trump. Some individuals, including high-ranking Republicans, have made Fauci a scapegoat for pandemic containment measures they found objectionable.

Senator Paul has long maintained that Fauci promoted the theory of a natural origin of the coronavirus to conceal that the virus actually came from a laboratory in Wuhan, China—a lab that also received US funding. The origin of the coronavirus remains unclear more than six years after the outbreak. The White House published a website in April supporting the so-called lab leak theory.

Reactions and Next Steps

Senator Richard Blumenthal (Democrat): During last week's hearing, Blumenthal accused Paul of conducting "merely an attempt to accuse Dr. Fauci of criminal misconduct," calling it an illegitimate use of committee hearings.

David Schertler, Fauci's lawyer: Schertler described the committee's action as "a continuation of Senator Paul's personal crusade against Dr. Fauci." He added: "Dr. Fauci has committed no crime—and Senator Paul knows that."

Procedural Path

After a committee votes in favor of pursuing criminal prosecution for contempt of Congress, the full chamber typically votes to clear the way. However, the committee's highest-ranking Democrat, Gary Peters, warned that Paul might attempt to refer the matter directly to the Department of Justice without Senate approval. Peters called this approach dangerous and "largely unprecedented."