Senate Committee Sends Contempt Referral on Dr. Anthony Fauci to the Justice Department

The Senate Homeland Security and Governmental Affairs Committee voted along party lines to refer former COVID-19 adviser Dr. Anthony Fauci for criminal contempt of Congress after he invoked his Fifth Amendment right more than 100 times during a hearing. The referral was hand-delivered to the Justice Department, which said it had received the document and was reviewing it.

CNN

Fauci declined to answer questions, citing a reasonable fear that his testimony could be used in a criminal proceeding. Republicans argue that a presidential pardon issued by President Joe Biden—covering actions from January 1 2014 through January 19 2025—does not shield Fauci from contempt charges because the pardon does not extend to perjury or state-level offenses.

WXIN - Fox59 - Indianapolis

• Hearing: Fauci invokes the Fifth Amendment repeatedly.

Fox News (website)

• Committee vote: The panel adopts the contempt referral by an 8-7 party-line margin.

CNN

• Justice Department receipt: DOJ confirms it has the referral and is evaluating next steps.

WXIN - Fox59 - Indianapolis

• Fauci invoked the Fifth Amendment 111 times.

Fox News (website)

• Committee vote tally: 8-7.

CNN

• Rand Paul, chair of the committee, said the referral can be sent directly to the Justice Department without a full-Senate vote.

CNN

• The Justice Department said it is “reviewing” the referral and will work with the Senate as appropriate.

CNN

• Sen. Gary Peters, the committee’s top Democrat, urged colleagues to table the resolution to protect Senate oversight.

CNN

• David Schertler, Fauci’s attorney, called the resolution a “crude political stunt.”

CNN

• Molly Gaston, a former federal prosecutor, described the measure as part of Senator Paul’s “personal vendetta.”

WXIN - Fox59 - Indianapolis

• Democratic members warned that bypassing a full-chamber vote could set a precedent that weakens congressional oversight.

CNN

Sources differ on whether a committee-only referral satisfies the statutory requirement for a contempt referral. CNN reports that Paul claims “it doesn’t have to go to the House, doesn’t have to be signed by the president, and really doesn’t have to go before the Senate.” Fox 59 emphasizes uncertainty, suggesting Congress traditionally must pass a full-chamber vote before the Justice Department can act.

CNN

• “It doesn’t have to go to the House, doesn’t have to be signed by the president, and really doesn’t have to go before the Senate,” — Rand Paul, Senate committee chair

CNN

• “He was pardoned by Biden, and I respect that,” — Donald Trump, former president

CNN

The Justice Department must decide whether to present the referral to a grand jury. Legal scholars anticipate a court battle over the scope of Fifth Amendment protections in the context of a presidential pardon. Congressional leaders on both sides are likely to use the outcome to shape future oversight procedures and potential reforms of the contempt power.

WXIN - Fox59 - Indianapolis