Washington — The Republican-led Senate Homeland Security and Governmental Affairs Committee voted along party lines on Thursday to hold Dr. Anthony S. Fauci in contempt of Congress for refusing to answer lawmakers’ questions at a hearing last week, clearing the way for the panel to refer the matter to the Justice Department for possible prosecution.
What happened
The committee approved the contempt resolution by an 8–7 vote, with all Republicans in favor and all Democrats opposed. The move follows a contentious hearing on July 29 in which Dr. Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times when pressed by Republican senators about his handling of the COVID-19 pandemic and its origins.
Committee Chairman Sen. Rand Paul (R-Ky.) had warned he would seek a contempt vote after Fauci declined to testify, arguing that the former top U.S. infectious disease expert was obstructing the panel’s investigation into the pandemic’s origins and funding decisions.
What the contempt vote means
The resolution does not address the core GOP allegation that Fauci funded gain-of-function research in China that sparked the coronavirus pandemic and lied about it to Congress—an accusation Dr. Fauci has repeatedly and vigorously denied. Instead, it targets his refusal to comply with a congressional subpoena by declining to answer questions.
Under the resolution, the president of the Senate—Vice President JD Vance—would certify the contempt report to the U.S. Attorney for the District of Columbia, Jeanine Pirro, for potential action. Contempt of Congress is a misdemeanor under federal law, but any prosecution would be at the discretion of the Justice Department.
Next steps
For a contempt resolution to carry the full force of Congress, the entire Senate must adopt it, which typically requires a 60-vote supermajority. With 53 Republicans in the chamber, passage is considered unlikely. Even if referred, the Justice Department retains discretion over whether to open an investigation or bring charges.
Reaction
Republicans have long accused Fauci of concealing information about the pandemic from the public and lying about its dangers, charges he has denied. Democrats have criticized the process as one-sided and rushed, arguing that Fauci was within his rights to invoke the Fifth Amendment.