WASHINGTON — The Senate Homeland Security and Governmental Affairs Committee voted along party lines on Thursday to hold Dr. Anthony Fauci in contempt of Congress after the former National Institute of Allergy and Infectious Diseases director refused to answer questions at a hearing last week.
The 8-7 vote, led by committee Chairman Sen. Rand Paul (R-Ky.), formalizes a resolution accusing Fauci of failing to comply with a congressional subpoena. Republicans plan to refer the matter to the Justice Department for potential prosecution. Contempt of Congress is a federal misdemeanor that can carry a prison sentence of up to one year.
At the July 29 hearing, Fauci invoked his Fifth Amendment right against self-incrimination 111 times. In his opening statement, he accused Paul of an “unhinged obsession” with seeing him imprisoned and said he was acting on the advice of counsel. Paul argued that a preemptive pardon issued by former President Joe Biden in January 2025 eliminated any risk of federal prosecution for past conduct related to Fauci’s official roles, rendering the Fifth Amendment claim invalid. Paul also contended that Fauci waived any remaining privilege by delivering an opening statement addressing the subject matter under inquiry.
Fauci’s lawyer, David Schertler, described the committee’s action as “a crude political stunt intended to punish Dr. Fauci for exercising his constitutional rights.”
Paul said the panel would hand-deliver the resolution to the Justice Department and the U.S. attorney in Washington later Thursday. Some reports indicated he may seek to bypass a full Senate vote, a step Democrats criticized as a departure from precedent that typically requires certification by the full chamber. Whether the Justice Department will pursue charges remains uncertain; historical congressional contempt referrals have rarely resulted in prosecution.
The contempt vote follows other recent developments in Republican-led probes of the COVID-19 pandemic response. Earlier this week, Sen. Ron Johnson’s Permanent Subcommittee on Investigations obtained a copy of Fauci’s COVID-era iPhone from the Department of Health and Human Services. Johnson has previously requested transcribed interviews with Fauci and former FDA officials regarding vaccine safety monitoring, efficacy, early treatments, and related issues. Additional investigations have also included the public release of Fauci’s personal journals covering the pandemic period.
Democrats on the committee opposed the resolution, arguing it sets a damaging precedent for future congressional oversight and that Fauci retained the right to invoke the Fifth Amendment due to potential state-level exposure or risks of perjury charges. Fauci has consistently denied Republican allegations that he funded research linked to the virus’s origins or misled Congress.
The vote marks a significant escalation in the long-running congressional scrutiny of Fauci’s role during the pandemic, from lockdown policies and public messaging to vaccine development and deployment. Further legal and political steps will depend on the Justice Department’s response and any subsequent court proceedings.
