Anthony Fauci, the retired health official who previously led the National Institute of Allergy and Infectious Diseases, is facing a contempt-of-Congress vote this Thursday. The decision, overseen by the Republican-led Senate Homeland Security and Governmental Affairs Committee, follows Fauci’s refusal to answer questions posed by lawmakers during a hearing last week. He cited his Fifth Amendment right to avoid self-incrimination as the reason for his silence.

During the hearing, Fauci remarked that committee chairman, Senator Rand Paul, had what he called “an unhinged obsession” with him. Fauci suggested the hearing’s purpose was to trap him into lying under oath. “Although it pains me to do so, because of my respect for the legislative branch and my years of cooperation with Congress,” Fauci stated, “under advice from my attorneys, I invoke my Fifth Amendment right.” He emphasized that he had already addressed many of their questions in previous testimonies.

Fauci, a leading figure in the US response to the coronavirus pandemic, has had ongoing disputes with Senator Paul over the pandemic’s origins. Before the recent hearing, Paul released over 1,000 pages from Fauci’s private diary entries. Paul argued they show Fauci’s private uncertainties about the pandemic’s cause.

During the hearing, Paul argued Fauci should not fear testifying due to his immunity from prosecution for actions during the pandemic. This immunity comes from a pardon granted by President Joe Biden, covering conduct from 2014 to January 2025. Biden described the pardon as “preemptive” due to Republican scrutiny of Fauci. However, this pardon does not protect Fauci from any actions or statements made during current congressional hearings.

If Republicans proceed with the contempt vote, the Justice Department must decide whether to pursue a criminal case. Such prosecutions are rare, but notable examples include former Trump advisers Steve Bannon and Peter Navarro, who faced contempt-of-Congress charges during the Biden administration. Some Democrats express concern about a similar outcome for Fauci, recalling the prosecution of figures critical of Trump, such as former FBI director James Comey.