The Senate Homeland Security and Governmental Affairs Committee, chaired by Sen. Rand Paul, R-Ky., is set to vote Thursday at 8:30 a.m. EDT on a resolution to hold Dr. Anthony Fauci in contempt of Congress after the former top infectious disease official repeatedly invoked the Fifth Amendment during a subpoenaed hearing last week.
Fauci appeared before the committee July 29 under subpoena, where lawmakers pressed him on the origins of the COVID-19 pandemic and his past testimony about the government's response. Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times, declining to answer questions.
"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," Fauci said at the hearing.
During the hearing, an attorney representing Fauci, David Schertler, was removed from the room by Capitol Police.
Paul's Legal Argument
Paul contends Fauci's Fifth Amendment protections do not apply because Fauci received a presidential pardon covering any potential crimes committed between Jan. 1, 2014, and Jan. 19, 2026 — former President Biden's second-to-last full day in office. Paul also argues Fauci waived any remaining privilege by delivering opening testimony before declining to answer follow-up questions.
"Dr. Fauci appeared under subpoena and invoked the Fifth Amendment to refuse answering questions. During the hearing, I ruled that the Fifth Amendment did not apply because of the pardon, and that Fauci had waived any remaining privilege by giving opening testimony. I ordered him to answer and warned him about contempt, yet he still refused. That is obstruction of a congressional investigation. The Committee will act accordingly," Paul said in a statement announcing the resolution.
What Happens Next
If the committee votes to hold Fauci in contempt Thursday, the matter could be referred to the Department of Justice for potential prosecution. Paul has said he believes Fauci could face a fine, jail time, or both if the contempt finding proceeds.
Fauci has said he believes Paul is attempting to entrap him. Paul has argued for years that SARS-CoV-2 originated in a lab in China and has accused Fauci of concealing that possibility during his tenure leading the National Institute of Allergy and Infectious Diseases; Fauci maintains the evidence points to natural spillover from an animal host, a position shared by many virologists.
This is not the first time Paul has sought accountability from Fauci. In 2023, Paul formally asked the U.S. Attorney for Washington, D.C. to investigate whether Fauci lied to Congress during 2021 testimony before the Senate HELP Committee.
Sources:
Senate Homeland Security and Governmental Affairs Committee press release
Additional reporting from NPR, The Daily Caller, and The Hill.