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The Senate Homeland Security and Governmental Affairs Committee voted Thursday to hold Dr. Anthony Fauci in contempt of Congress. The party-line vote followed his refusal to answer questions during a hearing on the federal response to COVID-19.
The Fauci contempt of Congress vote passed 8-5 on Aug. 6. Republicans supported the resolution, while Democrats opposed it.
Fauci Invoked the Fifth Amendment
Fauci appeared before the committee under subpoena on July 29. He invoked his Fifth Amendment right against self-incrimination more than 100 times.
The committee’s investigation covers the origins of COVID-19, high-risk biological research and Fauci’s federal service. Fauci led the National Institute of Allergy and Infectious Diseases from 1984 through 2022.
Before questioning began, Fauci accused committee Chairman Rand Paul, R-Ky., of seeking statements that could support a criminal case against him. Fauci has denied Paul’s previous allegations that he gave false testimony to Congress.
Fauci Contempt of Congress Vote Centers on Pardon
Paul argued that Fauci lacked a valid reason to invoke the Fifth Amendment. Former President Joe Biden granted Fauci a broad pardon before leaving office in January 2025.
The pardon covered possible federal offenses connected to Fauci’s government service from Jan. 1, 2014, through Jan. 19, 2025. Paul said that protection removed the possibility of federal prosecution for conduct during that period.
“Dr. Fauci faced no risk of federal prosecution. All he had to do was tell the truth,” Paul said before the vote.
However, the pardon does not cover future conduct. It also does not prevent state prosecutions or a possible investigation involving testimony given after the pardon.
Legal experts have noted another complication. Trump administration officials have questioned Biden’s use of an autopen for pardons, although legal experts cited by the Associated Press said those pardons remain valid.
Democrats Challenge Committee’s Action
Committee Democrats argued that Fauci had a reasonable basis to fear prosecution. They said the hearing placed him at risk of making statements that could support new investigations.
Sen. Gary Peters of Michigan, the committee’s ranking Democrat, also warned about broader consequences for congressional oversight. Peters said future witnesses could cite the vote when refusing to participate in committee proceedings.
Republicans said Fauci’s opening statement discussed subjects covered by the investigation. Paul ruled that Fauci had waived his Fifth Amendment claim on those subjects and directed him to answer. Fauci continued to invoke the constitutional protection.
What Happens Next
The committee-approved calls for the matter to be certified to the U.S. attorney for the District of Columbia. The Justice Department would then decide whether to investigate or pursue a criminal contempt case.
Contempt resolutions have traditionally gone before the full Senate. Paul said he plans to send the committee’s recommendation directly to federal prosecutors, although he has not ruled out seeking a Senate floor vote.
The committee action does not amount to a criminal conviction. Prosecutors would still need to evaluate the referral, and Fauci could challenge any resulting case in court.
The dispute now raises a larger constitutional question about pardoned witnesses and compelled testimony. Its outcome could shape how Congress conducts oversight hearings involving former government officials.