The Fauci fight is dividing Senate Republicans as Rand Paul pushes a contempt referral and others warn against bypassing the full Senate.
The Fauci fight is splitting Senate Republicans as Sen. Rand Paul moves to force a contempt referral and two of his GOP colleagues urge caution. The Kentucky Republican said Tuesday he has enough support to hold former White House COVID adviser Anthony Fauci in contempt of Congress, setting up a new clash over how far the Senate can go.
Paul’s push stems from Fauci’s repeated use of the Fifth Amendment during recent congressional questioning. Rather than waiting for a full Senate floor vote, which would require 60 votes, Paul is considering sending the matter directly to the Justice Department. That route would bypass the chamber’s normal process and put the issue in the hands of federal prosecutors.
Sen. Josh Hawley is backing the effort and said his office is preparing a legal memo for acting Attorney General Todd Blanche arguing that Fauci can be prosecuted for contempt of Congress. Hawley also argued that Fauci cannot rely on both a pardon and the Fifth Amendment at the same time. Sen. Ashley Moody has taken a similar line, saying the dispute may ultimately need to be settled in court.
But not all Republicans are on board. Sen. James Lankford said the contempt measure should move through the full Senate and warned that skipping that step could create a precedent future Democrats could use against conservatives. Sen. Mike Rounds also questioned whether the legal case for contempt is strong enough, saying the first issue is defining exactly what Fauci would be held in contempt for.
“The Fauci fight is dividing Senate Republicans as Rand Paul pushes a contempt referral and others warn against bypassing the full Senate.”
The Senate Homeland Security and Governmental Affairs Committee already advanced a contempt resolution against Fauci last Thursday, which would normally send the matter to the full chamber. Paul’s plan would instead lean on Vice President JD Vance, who serves as Senate president, to certify the resolution and forward it to the U.S. attorney for the District of Columbia. That idea has sharpened the internal divide over procedure, power, and whether the Senate should take an unconventional path.
The debate comes as conservative activists continue to press for answers about Fauci’s pandemic decisions, his testimony, and the origins of COVID-19. The broader fight is also tied to the pardon President Joe Biden granted Fauci before leaving office, covering actions from Jan. 1, 2014, through Jan. 19, 2025.
That pardon now sits at the center of the legal fight over whether Fauci can still claim the Fifth in Congress. Paul appears ready to keep pressing, while skeptical Republicans say the chamber should not cut corners on a step this consequential. For Americans watching the case, the real issue is whether Congress will use its power carefully or create a precedent that could come back on the other side of the aisle.
Frequently asked questions
What is Rand Paul trying to do with Fauci?
Paul says he has enough support to pursue contempt proceedings against Fauci and may try to send the referral directly to the Justice Department.
Why do supporters think Fauci can still face prosecution?
Josh Hawley’s office is preparing a memo arguing Fauci can be prosecuted for contempt of Congress, despite his Fifth Amendment claims and a pardon.
Why are some Senate Republicans opposed to the shortcut?
James Lankford and Mike Rounds say the full Senate should handle the matter. Lankford warned the maneuver could create a precedent future Democrats could use.
How does Joe Biden’s pardon factor into the fight?
The pardon covers Fauci’s actions from Jan. 1, 2014, through Jan. 19, 2025, and Republicans are debating whether that protection affects his ability to claim the Fifth.
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