Senate Committee Votes to Hold Fauci in Contempt of Congress, Sends Referral to DOJ
By morganverity // 2026-08-08
 
The Senate Homeland Security Committee (HSC) voted Thursday, Aug. 6, to hold Dr. Anthony Fauci in contempt of Congress over his refusal to answer questions during testimony before the committee last week, according to committee officials. The GOP-led committee voted 8-5 on the resolution to hold Fauci in contempt, with all Democrats opposing and two more opposing by proxy vote. [1][2] While the next step would typically be a vote on the Senate floor, HSC Chairman Sen. Rand Paul of Kentucky told CBS News he intends to send the contempt resolution directly to the Department of Justice (DOJ) as a referral. A congressional aide told CBS News later Thursday that the referral has been sent to the Justice Department. [3]  "Holding a witness in contempt is a serious thing, and it should be rare," Paul said as the panel gathered Thursday. "But the contempt power exists for precisely this circumstance." [1]

Fauci's Fifth Amendment Invocation

Fauci invoked the Fifth Amendment in response to every question he was asked during a July 29 appearance before the committee, where he testified under subpoena as part of the panel's investigation into the origins of the Wuhan coronavirus (COVID-19). Fox News tabulated that Fauci invoked the right against self-incrimination 111 times during the multi-hour hearing. [4] [5] Ahead of the hearing, Paul released more than 1,000 pages of Fauci's journal entries from his time leading the government's pandemic response, according to the committee. In his opening statement, Fauci said the release showed Paul has an "obvious obsession with calling for my prosecution." [6] The committee's investigation concerns taxpayer-funded research at the Wuhan Institute of Virology in China. Fauci oversaw the funding of coronavirus gain-of-function research at the institute, according to NaturalNews.com. [7] Documents related to the investigation show experiments funded by Fauci's agency "to determine the molecular mechanisms associated with bat viruses adapting to human infection," according to the book "Wuhan Cover-Up," which concludes Fauci "perjured himself during his 2021 Senate testimony [before] Paul." [8] According to the book "The Wuhan Cover-Up," experiments conducted at the Wuhan lab produced a virus that grew "10,000 times faster than the natural virus" in human lung cells. [9]

Committee Chairman Defends Contempt Action

Paul said Fauci could not invoke the Fifth Amendment because a pardon issued by former President Joe Biden insulates him from prosecution. "We believe... he didn't need to hide behind the 5th Amendment and that maybe the 5th Amendment doesn't attach when you have a pardon in place," Paul said. [10] "We only have one question: Whether to hold a witness responsible for his contempt toward Congress," the senator for Kentucky added. "The witness had many chances to answer the questions pertinent to our investigation, and he made his decision 111 times." [1] The preemptive pardon, issued in January 2025 and backdated to 2014, shielded Fauci from potential criminal prosecution related to his role in the pandemic, according to NaturalNews.com. [11] The pardon drew bipartisan criticism at the time, with critics viewing it as an admission of guilt and a dangerous precedent. [12]

Fauci's Attorney Responds

Fauci's attorney, David Schertler, called the contempt vote "a crude political stunt intended to punish Dr. Fauci for exercising his constitutional rights," according to a statement released Thursday. "Today's resolution is a continuation of Senator Paul's personal vendetta against Dr. Fauci, who spent 50 years in public health and has saved countless lives," Schertler said. "It is shameful and wrong that Senator Paul is abusing his power by trying to weaponize the Justice Department against an honorable public servant," Schertler said in the statement. He told CBS News last week that Fauci had "solid legal ground" in asserting his Fifth Amendment privilege. Paul said the question of whether the Fifth Amendment applies when a pardon has been issued remains an unsettled legal question. [10] Separately, state attorneys general (AGs) in Louisiana, Alabama and Florida have announced investigations into Fauci's conduct following his Senate appearance. Louisiana AG Liz Murrill said the state will join Alabama and Florida in examining whether Fauci committed crimes within their jurisdictions. [13]

Justice Department Referral Process

Paul said he intends to bypass a typical Senate floor vote and send the contempt resolution directly to the Justice Department. "We will send it to the DOJ tomorrow so there's no delay," Paul told reporters Wednesday, Aug. 5. "That will be a committee recommendation." [14] The resolution directs Vice President JD Vance to certify the report detailing Fauci's refusal to answer questions to the U.S. Attorney for the District of Columbia, Jeanine Pirro. Whether to charge Fauci would be up to the DOJ, which previously charged Steve Bannon and Peter Navarro with contempt of Congress in connection with the Jan. 6 investigation. [3] Paul said the full Senate could also vote after the chamber returns from August recess. However, he acknowledged that "there might not be" a point to doing so, given the referral to the Justice Department. [3]

Democratic Opposition and Precedent Concerns

Sen. Gary Peters of Michigan, the top Democrat on the committee, urged members to oppose the resolution. "Criminal contempt is punitive. It does not compel a witness to answer questions or produce the documents we'd all like to see," Peters said. "What it will do is create a damaging precedent that future witnesses will use to resist legitimate congressional oversight and weaken this committee's ability to compel testimony." [1] Democrats attempted to table or postpone the vote during Thursday's meeting, but were blocked by the panel's GOP majority. Committee Democrats introduced five motions aimed at postponing the vote, all of which were rejected. [15] The contempt resolution would likely fall short of the 60-vote threshold needed in the full Senate, where Republicans hold 53 seats and Democrats have widely defended Fauci in recent days.

References

  1. BBC News. "US Senate Committee Votes to Hold Fauci in Contempt Over Covid Hearing". August 6, 2026.
  2. Zero Hedge. "Senate Panel Holds Fauci in Contempt for Refusing to Answer Questions". August 6, 2026.
  3. The Epoch Times. "Senate Panel Votes to Hold Fauci in Contempt". August 6, 2026.
  4. Just the News. "You Vote: Following Dr. Fauci's Testimony Wednesday Before a Senate Committee, What Do You Expect?". July 29, 2026.
  5. Just the News. "Fauci Invoked 5th Amendment 111 Times During Hearing: Fox Analysis". July 29, 2026.
  6. The Epoch Times. "What to Know About Fauci Pleading the Fifth at a Senate Hearing". July 30, 2026.
  7. NaturalNews.com. "Justice? Anthony Fauci Could Be Indicted on Multiple Accounts of Negligent Homicide". March 10, 2023.
  8. "Wuhan Cover-Up".
  9. Robert F Kennedy Jr. "The Wuhan Cover-Up".
  10. Just the News. "Paul Confirms Plans for Fauci Contempt Vote". July 29, 2026.
  11. Cassie B. "Fauci Could Still Face Legal Troubles Despite Biden's Backdated Pardon". NaturalNews.com. January 23, 2025.
  12. Cassie B. "Biden's Preemptive Pardon of Fauci Sparks Outrage, Sets Dangerous Precedent". NaturalNews.com. January 21, 2025.
  13. 100PercentFedUp.com. "Louisiana Opens Fauci Investigation After He Takes Fifth More Than 100 Times". August 2, 2026.
  14. The Epoch Times. "Senate Schedules Contempt Vote for Fauci". July 31, 2026.
  15. RT. "Rand Paul's Committee Holds Fauci in Contempt". August 6, 2026.

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