A Senate committee has decided to hold Dr. Anthony Fauci in contempt of Congress. This decision follows his refusal to answer questions during a hearing about his management of the COVID-19 pandemic. The committee’s vote, divided along party lines, might lead to a referral to the Department of Justice for investigation into whether Fauci correctly exercised his constitutional rights.

The decision occurred after Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times during his appearance before the Senate Committee on Homeland Security and Governmental Affairs. This action sparked discussions on whether Congress can oblige a previously pardoned witness to testify.

Republican Senator Rand Paul of Kentucky, who led the call for the contempt resolution, argued that Fauci’s constitutional protection did not apply. According to Paul, Fauci had already received a pardon from President Joe Biden, meaning he faced no federal prosecution threat. Paul intends to send the referral directly to the Justice Department, bypassing the full Senate, despite questions from Democrats regarding the legality of this approach.

“All he had to do was tell the truth,” Paul asserted during the hearing.

Fauci explained his decision to invoke his rights, citing fears of criminal charges due to Paul’s claimed intent to incriminate him. David Schertler, Fauci’s lawyer, labeled the contempt resolution a tactic in Paul’s personal vendetta against Fauci, who has served public health for five decades.

Schertler described the vote as a political move aimed at punishing Fauci for using his constitutional rights and called the resolution meritless and politically driven. The pardon provided relief from acts committed between 2014 and its issuance up to January 2025, but it did not protect against state-level prosecutions or federal investigations related to any false testimony.

Democrats on the committee, who unanimously opposed the contempt resolution, agreed with Fauci’s concerns of self-incrimination. They highlighted a Republican intent to prosecute him regarding COVID-related issues. Questions also arose regarding the legitimacy of Biden’s pardons.

Before the vote, Senator Maggie Hassan of New Hampshire remarked that Fauci’s choice to use his constitutional rights was due to concerns over potential criminal charges for any inadvertent misstatements outside the pardon’s protection.

The referral to the Justice Department leaves the decision to prosecute Fauci for contempt to the U.S. attorney in Washington. However, a congressional referral does not force legal action.

Senator Gary Peters from Michigan expressed concerns over the referral’s legality without the Senate’s full approval. He emphasized that penalizing a witness for asserting constitutional rights could impede Congress’ oversight activities.