Dr. Anthony Fauci could face a potential criminal referral to the Department of Justice after a Senate committee voted to hold the former government health official in contempt of Congress following his repeated invocation of the Fifth Amendment.
The Senate Homeland Security and Governmental Affairs Committee advanced the contempt action Thursday after Fauci declined to answer more than 100 questions during a contentious hearing concerning the COVID-19 pandemic and the federal government’s response.
Kentucky Sen. Rand Paul (R) who has repeatedly clashed with Fauci over the government’s pandemic policies, indicated that he plans to refer the former National Institute of Allergy and Infectious Diseases director to the Justice Department for potential legal action.
The escalation follows Fauci’s appearance before the committee last week, during which he invoked his Fifth Amendment right against self-incrimination 111 times while Republican lawmakers questioned him.
Fauci was asked about his tenure as one of the country’s most influential infectious disease officials, the federal government’s response to COVID-19 and public health recommendations made during the pandemic.
Paul argued that Fauci should have been required to provide answers because former President Joe Biden issued him a sweeping pardon before leaving office.
“I ordered him to answer and warned him about contempt, yet he still refused,” Paul said. “That is obstruction of a congressional investigation. The Committee will act accordingly.”
Biden’s pardon covered potential federal offenses Fauci may have committed between Jan. 1, 2014, and the end of Biden’s presidency.
Fauci nevertheless invoked the Fifth Amendment on the advice of his attorneys, setting up the confrontation that ultimately led to Thursday’s contempt action.
Paul said Thursday that the escalation could have been avoided if Fauci had answered the committee’s questions.
“All Fauci had to do was tell the truth,” the Kentucky Republican said.
Democrats sharply disagreed with Republicans’ handling of the investigation. Sen. Gary Peters, D-Mich., characterized the contempt effort as a “witch hunt” and argued that lawmakers were unnecessarily escalating their pursuit of Fauci.
The contempt development came shortly after the committee obtained Fauci’s COVID-era cellphone, according to the Daily Mail.
Investigators could potentially use information from the device as they examine how federal public health officials made decisions during the pandemic.
Thursday’s action represents the latest development in a yearslong battle between Fauci and Republican lawmakers over COVID-19 policy and the federal government’s handling of the pandemic.
Tensions were already running high during Fauci’s appearance last week.
During his opening remarks, Fauci accused Paul of having an “unhinged obsession” with him, while several Republican senators unleashed blistering criticism of the former government health official.
Ohio Sen. Bernie Moreno (R) called Fauci a “total disgrace” during one particularly heated exchange.
Moreno criticized pandemic-era restrictions and recounted the case of a mother who was arrested while attending an outdoor football game after allegedly violating COVID-era rules.
Fauci’s congressional troubles may also extend beyond Paul’s investigation.
Wisconsin Sen. Ron Johnson (R) has requested transcribed interviews with Fauci and other former government health officials as part of another examination of the federal response to COVID-19.
Johnson is seeking information about the pandemic response, early treatments and the development, deployment, safety monitoring and effectiveness of COVID-19 vaccines.
The Wisconsin Republican has indicated that he is prepared to use compulsory measures if the requested officials do not voluntarily participate in the interviews.
The contempt action does not itself mean Fauci has been convicted of a crime. A potential referral to the Justice Department would instead leave federal prosecutors to determine what, if any, further legal action is warranted.
For Fauci, however, Thursday’s vote significantly raises the stakes of his renewed battle with congressional Republicans as Paul moves to put the matter before the Justice Department.
