A Republican-led U.S. Senate committee is set to vote on whether to hold Dr. Anthony Fauci in contempt of Congress after he repeatedly invoked his Fifth Amendment right against self-incrimination during a hearing on his handling of the COVID-19 pandemic.
The move, led by Sen. Rand Paul, would refer the matter to the U.S. Department of Justice, potentially opening an investigation into whether Fauci had a valid constitutional basis for refusing to answer lawmakers’ questions.
Republicans argue that the presidential pardon Fauci received from former President Joe Biden—covering actions from 2014 through January 2025—eliminated any realistic threat of federal prosecution, making his Fifth Amendment claims invalid.
Fauci invoked the Fifth Amendment more than 100 times during last week’s hearing, declining to answer questions after saying Sen. Paul had long sought to prosecute him and was attempting to build a criminal case against him.
Legal experts, however, say Fauci may still have had legitimate grounds to remain silent. They note that Biden’s pardon does not protect against state-level prosecutions or potential charges related to false statements made during congressional testimony. Some also point to ongoing challenges by President Donald Trump’s administration questioning the validity of Biden’s pardons, creating additional legal uncertainty.
Rather than seeking a vote in the full Senate, Paul’s committee plans to send the contempt referral directly to the Justice Department through an expedited process. It remains unclear whether the Justice Department would pursue the referral if the committee approves it.
The case is expected to test the limits of congressional oversight and could establish an important precedent on whether individuals who have received presidential pardons can still invoke the Fifth Amendment when compelled to testify before Congress.
