A Senate committee voted along party lines Thursday to hold Dr. Anthony Fauci in contempt of Congress over his refusal to answer questions at a hearing on his handling of the COVID-19 pandemic, setting up a referral to the Department of Justice for potential investigation over whether the country’s longtime top infectious disease official properly exercised his constitutional rights.
The vote approving the contempt resolution came a week after Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times when he appeared before the Senate Committee on Homeland Security and Governmental Affairs, an episode that raised fresh legal questions about the ability of Congress to compel testimony from a previously pardoned witness.
Republican Sen. Rand Paul of Kentucky, the committee chairman who pressed for the contempt finding, said that constitutional protection did not apply because Fauci last year received a pardon from Democratic President Joe Biden and thus did not have to worry about the threat of prosecution. He has said he intends to send the referral directly to the Justice Department, rather than first to the full Senate, despite Democratic questions over the legal validity of such a maneuver.
