Dr. Anthony Fauci, the former National Institute of Allergy and Infectious Diseases (NIAID) Director, left Wednesday’s congressional grilling without answering lawmakers’ questions, but Republicans are escalating their fight to compel his testimony.
Sen. Rand Paul, R-Ky., announced Wednesday that he will seek contempt charges against Fauci after he invoked his Fifth Amendment right against self-incrimination more than 70 times during the blockbuster hearing.
“We’re going to have a vote next week on contempt. I think there’s another legal question that the courts may have to decide upon,” Paul said. “And that is whether or not a presidential pardon offers you complete immunity.”
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Paul, the top Republican on the Senate Homeland Security and Governmental Affairs Committee, subpoenaed Fauci to testify about the origins of COVID-19 after he declined to appear voluntarily.
Fauci repeatedly pleaded the Fifth, arguing Paul had an “obsession” with seeking his arrest and released more than 1,000 pages of his “personal diary” over the weekend in an effort to embarrass and intimidate him, according to his opening statement.
Some Republicans on the panel have argued that the sweeping pardon former President Joe Biden granted Fauci would not shield him from contempt sanctions because any alleged misconduct would have occurred after the pardon was issued.
The unprecedented pardon covers any federal offenses the ex-COVID-19 czar may have committed between Jan. 1, 2014, and Jan. 20, 2025 regarding his leadership over the NIAID and helming the nation’s COVID-19 response, among other government service.
“You don’t have any rights under the Fifth Amendment because you’ve been pardoned,” Sen. Josh Hawley, R-Mo., said during the fiery hearing. “You know that. Your lawyer is sitting behind you now, shifting nervously in their chairs. They know it. This isn’t about the Constitution. This isn’t about the law.”
“This is about contempt, contempt for this body and contempt for the American people,” he continued.
The planned committee vote is likely to be along party lines as several Democrats on the panel came to Fauci’s defense on Wednesday.
If approved by the committee, the contempt resolution would head to the full Senate, where Democrats could filibuster it. The resolution would need 60 votes to advance, requiring at least some Democratic support.
Democrats on the panel accused Paul of leading a partisan oversight investigation that cut out Democrats, including failing to share documents before Republicans publicly released them.
“This hearing appears to be a culmination of months of biased and selected efforts by the majority, under the guise of a committee investigation, to basically legitimize a predetermined conclusion that was reached years ago,” Sen. Gary Peters, D-Mich., said during his opening statement.
The lead Democrat also accused Paul of “relitigating the past” instead of holding the annual threats hearing or an oversight hearing on the Department of Homeland Security’s budget request for the upcoming fiscal year.
Paul fired back that Peters’ claim that the committee blocked the minority from accessing records is “categorically false” and claimed the probe was the “most transparent investigation” in history.
“We actually created a website, and we put all of the information on the website. It continues to operate,” Paul added. “The reason it hasn’t been accessed is no Democrat ever signed up for it.”
Sen. Maggie Hassan, D-N.H., also spoke at the hearing, arguing the forum was “designed to entrap” Fauci.
She and other Democrats were not able to ask any questions after Fauci repeatedly pleaded the Fifth.
