A US Senate committee has voted to hold Dr. Anthony Fauci in contempt of Congress, a move that could lead to a criminal case referral to the Department of Justice. The decision by the Senate homeland security and government affairs committee followed Dr. Fauci's repeated invocation of his Fifth Amendment right against self-incrimination during a tense hearing last week regarding the COVID-19 pandemic response.
Dr. Fauci, the former director of the National Institute of Allergy and Infectious Diseases (Niaid) who retired in 2022 after 38 years, refused to answer dozens of questions, citing constitutional protections. He accused committee chairman Senator Rand Paul of having an "unhinged obsession" with him, suggesting the senator aimed to embarrass and intimidate him, and potentially imprison him for his role in advocating for widespread restrictions like masking and social distancing.
Senator Paul, a Republican from Kentucky, insisted he was not attempting to entrap Dr. Fauci, stating that "He had no liability if he told the truth." However, top Democrats criticized the proceedings. Senator Gary Peters, the ranking Democrat on the panel, argued that the subpoena and subsequent contempt referral did nothing to advance public health and constituted a "one-sided investigation and a rushed process" that could jeopardize future investigations.
The committee's action is a referral, and a contempt citation typically requires approval by the full Senate, a process that usually necessitates a 60-vote majority. Senator Paul acknowledged this but expressed a desire not to "waste time" with a full Senate vote, suggesting the referral could be sent directly to the justice department with a legal brief.
The Fifth Amendment, enshrined in the US Constitution, protects individuals from being compelled to testify against themselves in criminal cases. The Supreme Court has affirmed its applicability in congressional investigations. However, Senator Paul argued that Dr. Fauci, having received a presidential pardon from Joe Biden, could not invoke the Fifth Amendment as he could not be prosecuted for the matters in question.
The evening before the committee's vote, it was revealed that the US Department of Health and Human Services had provided a copy of Dr. Fauci's phone to a Senate subcommittee. Republican Ron Johnson of Wisconsin, the subcommittee's chair, expressed hope that the device would help answer questions Dr. Fauci had declined to address.
Dr. Fauci, 85, stated during the hearing, "Although it pains me to do so, because of the respect I have for the legislative branch of government and my decades-long record of cooperating with Congress, under the advice of my attorneys I will invoke my right under the fifth amendment of the constitution to refrain from answering your questions." He subsequently used the same invocation for all further questions.
Senator Paul warned Dr. Fauci during the hearing that his stance would have "repercussions," later stating that because Dr. Fauci refused to answer, citing a privilege he deemed unsupported due to the pardon, the committee would vote on a contempt resolution. Federal law criminalizes the willful refusal to answer questions during congressional testimony and obstructing a congressional investigation.
Thereafter, he warded off all subsequent questions with identical answers that invoked the fifth amendment, enraging his Republican critics. The US supreme court has confirmed in several decisions since 1955 that witnesses can invoke it in congressional investigations, according to the Library of Congress.
While a contempt referral must typically be approved by the full Senate after a congressional committee, this would likely require a 60-vote majority – requiring Democratic support.
The senator has long accused Fauci of deliberately downplaying the possibility that the virus of originated from a research laboratory in the Chinese city of Wuhan, rather than jumping from an animal to humans in a wet market, as most scientists believe.
