A Senate Panel Has Voted to Hold Fauci in Contempt of Congress. What Happens Next?
Under Senate procedure, a contempt resolution next heads to a vote in the full upper chamber. But committee chair Rand Paul has opted for a different step.
On Thursday, the Senate Homeland Security and Governmental Affairs Committee voted 8-7 along party lines to hold Dr. Anthony Fauci in contempt of Congress. This decision followed a contentious hearing where the infectious disease expert invoked his Fifth Amendment right against self-incrimination 100 times during questioning about the U.S. government's response to the COVID-19 pandemic and the origins of the virus.
Fauci repeatedly refused to answer Republican senators' inquiries, accusing Senator Rand Paul of having a "clear obsession with calling for my prosecution." Fauci's lawyer, David Schertler, expressed confidence in Fauci's Fifth Amendment privilege and solid legal ground in asserting it.
Should the full Senate pass the contempt resolution, the case would be sent to the Department of Justice (DOJ) for prosecution. However, due to the close partisan divide in the Senate, it is unlikely that the required 60 votes would be obtained to overcome a filibuster. Republican Senator Rand Paul, a persistent critic of Fauci, intends to bypass the Senate vote and deliver the resolution directly to the DOJ.
Former officials and legal experts suggest that while this procedural move may have no legal effect, it could set a concerning precedent for allowing a single chairman to harass a private individual. Should the DOJ choose to pursue the contempt charge, Fauci could face up to a fine of $100,000 and a prison sentence of up to one year—assuming prosecutors can prove his willful contempt of Congress.
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