A Senate panel votes to hold Anthony Fauci in contempt of Congress

The Senate Committee on Homeland Security and Governmental Affairs voted Thursday to hold Dr. Anthony Fauci in contempt of Congress. The decision was made along party lines after the former White House chief medical advisor refused to answer questions during a hearing held last week regarding his role in managing the COVID-19 pandemic and the origin of the virus.

Fauci, 85, who has been retired since late 2022, invoked the Fifth Amendment more than 100 times on July 29. He alleged that the committee chairman, Sen. Rand Paul (R-Ky.), harbored an "unhinged obsession" with him and that the subpoena was intended to trap him so he could be charged with perjury.

Biden's pardon at the center of the legal debate

The committee approved the contempt resolution. Normally, this type of measure goes to the full Senate for a vote. However, Paul has indicated that he may refer the case directly to the U.S. Attorney for the District of Columbia and the Department of Justice (DOJ), bypassing that process.

If the DOJ decides to proceed, the case would go before a grand jury. It is unclear whether Biden's pardon would protect Fauci from potential contempt proceedings. The final decision rests with federal prosecutors.

"It’s a good legal discussion, and we will make those legal points to DOJ in sending the referral over," Paul told Fox News Digital before the hearing.

Paul argues that the preemptive pardon that former President Joe Biden granted to Fauci means he is not allowed to invoke the Fifth Amendment under these circumstances. Fauci and his attorneys argue the opposite: that the pardon does not eliminate the risk of potential prosecution and that, therefore, he has the right to protect himself against self-incrimination.

Fauci's phone is already in the Senate's possession

Meanwhile, Senate investigators are already in possession of a copy of the cell phone Fauci used during the pandemic. The Department of Health and Human Services (HHS), led by Robert F. Kennedy Jr., turned the device over to the Permanent Subcommittee on Investigations, chaired by Sen. Ron Johnson of (R-Wis.).

Previously, the department had turned over more than 1,000 pages of Fauci's personal diary from the time of the pandemic. Both Paul and Johnson hope that the phone's contents will provide information about the decisions made during the health crisis and the origin of the virus.