A possible Fauci contempt vote is looming after Anthony Fauci refused to answer questions at a Senate hearing on Covid and invoked the Fifth Amendment more than 100 times. The former White House chief medical adviser faced sharp criticism from Republicans on Wednesday as the committee examined his role during the pandemic.
Senator Rand Paul, who chairs the Senate Committee on Homeland Security and Governmental Affairs, said the panel could move next week to hold Fauci in criminal contempt of Congress. Fauci’s lawyer pushed back, saying his client is on firm legal ground. In an email to CBS, attorney David Schertler said he was fully confident that Fauci had a valid Fifth Amendment privilege. He also jabbed at Paul, saying the senator may be a doctor, but he is not a lawyer.
Paul, a Kentucky senator, told CBS News there is a real chance Fauci could be prosecuted. He has long accused Fauci of helping cover up the origins of Covid and of supporting research tied to a lab in Wuhan, China, where some theories say the pandemic began. Fauci denies wrongdoing. During the hearing, Fauci repeatedly said he was following the advice of his lawyers when he declined to answer.
The legal stakes are still murky. Invoking the Fifth Amendment is not itself a crime, and it is commonly used by defendants in criminal cases. CBS reported that if the committee approves a contempt resolution, it would go to the Senate floor, where it would likely face a steep climb because it could require 60 votes. That would mean Democrats would have to join Republicans, which appears unlikely under the current makeup of the chamber.
Even getting that far may not be simple. Congressional expert Daniel Schuman, executive director of the American Governance Institute, said the path to a successful contempt vote is complicated. He noted that Republicans hold only a one-vote edge on the committee, so a single Republican skeptic could upset the recommendation. He also pointed out that the full Senate is already dealing with budget and funding work.
