Senate committee votes to hold Fauci in contempt after he invoked the Fifth Amendment


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Senators on the Homeland Security and Governmental Affairs Committee voted to hold Dr. Anthony Fauci in contempt Thursday, after he repeatedly invoked the Fifth Amendment during a scheduled hearing last week. 

Now, the committee can refer the contempt-of-Congress resolution to the Department of Justice, which Committee Chairman Sen. Rand Paul, R-Ky., said he would do.

From there, U.S. Attorney for the District of Columbia Jeanine Pirro must choose whether to prosecute the case. If she does, her office will need to secure an indictment from a grand jury.

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In a statement following the vote, Fauci’s attorney issued the following statement:

“Today’s partisan committee vote is a crude political stunt intended to punish Dr. Fauci for exercising his constitutional rights. The Senate should reject Senator Paul’s meritless and politically-motivated contempt resolution. For years, Senator Paul has proclaimed to anyone who would listen that Dr. Fauci should be prosecuted and put in prison. Dr. Fauci has committed no crime – and Senator Paul knows it. 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.  It is shameful and wrong that Senator Paul is abusing his power by trying to weaponize the Justice Department against an honorable public servant.”

Democrats resisted the contempt vote

During Thursday’s contempt hearing, Democrats pushed back on the contempt vote. Sen. Gary Peters, D-Mich., said the vote would create a “dangerous precedent.”

“If this committee now seeks to punish a witness for asserting their constitutional protected Fifth Amendment rights, future witnesses will argue that appearing before Congress exposes them to punishment, regardless of whether they comply with the subpoena and invoke a constitutional protection,” Peters said.

He added that others would point “directly to this vote as a justification for refusing to appear at all.”

Ranking member Sen. Gary Peters (D-MI) speaks during a business meeting with the Senate Homeland Security And Government Affairs Committee in the Dirksen Senate Office Building on August 06, 2026 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)

Meanwhile, Sen. Maggie Hassan, D-N.H., said last week’s hearing with Fauci was designed to “target a single doctor and dedicated public servant, who has testified before Congress many times before, and they wanted to blame him for everything that went wrong during the pandemic.”

She noted, however, that there is a “real need” for a “serious bipartisan examination” into what worked and what didn’t during the COVID-19 pandemic.

Other Democrats pushed for a vote to table the contempt resolution. Those pushes were rejected along party lines.

Fauci invokes the Fifth

The vote to hold Fauci in contempt comes as Paul and other Republicans have been fierce critics of Fauci and his leadership during the COVID-19 pandemic, often questioning his response and the outbreak’s origins. 

WASHINGTON, DC – AUGUST 06: (L-R) U.S. Sen. Ron Johnson (R-WI) speaks to Chairman Sen. Rand Paul (R-KY) during a business meeting with the Senate Homeland Security And Government Affairs Committee in the Dirksen Senate Office Building on August 06, 2026 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)

Fauci appeared before the Senate Oversight Committee last week, after he was formally subpoenaed to testify. However, in his opening remarks and throughout the hearing, Fauci repeatedly invoked the Fifth Amendment, saying it “pains” him to do so. 

With the maneuver, Fauci eliminated the opportunity for fireworks between him and Paul, who planned to question Fauci on COVID-19’s origins and the federal response to the pandemic. 

“The only conclusion I can reach is that the sole reason he is calling me before this committee is to get me to say something — anything — that could vindicate his repeated public pledges that I end up, in his words, ‘behind bars,’” Fauci said during the hearing. 

But even with Fauci invoking the Fifth, the committee’s efforts and investigations have not stopped. 

“There will be repercussions for your refusal to testify,” Paul warned Fauci last week.

Senate committee obtains Fauci’s phone

On Wednesday, Sen. Ron Johnson, R-Wis., said the Senate’s permanent subcommittee on investigations obtained a copy of Fauci’s phone this week. 

“Hopefully, this device will address many of the questions he refused to answer at last week’s hearing,” Johnson wrote on X Wednesday night.

The Department of Health and Human Services handed over the device less than a week after it also turned over Fauci’s personal diary entries. 

As Straight Arrow previously reported, in his diaries, Fauci not only memorialized his thoughts at the time, but he described private conversations with prominent figures as they grappled with a once-in-a-lifetime health crisis.

During Thursday’s hearing, Johnson said the committee’s investigation into Fauci has “just begun.”

“We’ve invited Dr. Fauci for a transcribed interview. Okay, he doesn’t want to do it in front of the American public. Come in front of our committee,” Johnson said. “You say you you have nothing to hide. Good. We’ll do it behind closed doors. We’ll transcribe it. That that’s only one of the interviews we’ll be conducting.”

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Why this story matters

A Senate committee voted to hold a prominent former federal health official in contempt of Congress, triggering a legal process that now involves the Justice Department and a sitting U.S. attorney.

Fifth Amendment use now contested

The committee's contempt vote, which Democrats said sets a "dangerous precedent," puts the constitutional right to invoke the Fifth Amendment before Congress under active dispute.

DOJ referral now pending

Sen. Rand Paul said he will refer the contempt resolution to the Justice Department, where U.S. Attorney Jeanine Pirro must decide whether to pursue prosecution and seek a grand jury indictment.

Federal records already obtained

The Department of Health and Human Services has turned over Fauci's government phone and personal diary entries to the Senate subcommittee, which Sen. Ron Johnson said the investigation is ongoing.

Straight Arrow
Fear No Fact.

Don't just take our word for it.


Center-rated reporting

According to media bias experts at AllSides

AllSides Center-rated reporting May 2026

Transparent and credible

Awarded a perfect reliability rating from NewsGuard

100/100

Welcome back to trustworthy journalism.

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Bias comparison

  • Media outlets on the left frame the vote as partisan pressure on a “former Covid czar,” stressing Republicans “targeted” him and that Biden’s preemptive pardon could spark a legal clash.
  • Not enough unique coverage from media outlets in the center to provide a bias comparison.
  • Media outlets on the right turn the same episode into an accountability story, spotlighting “held in contempt,” “took the Fifth 111 times,” and even “COVID cellphone” to imply evasion and scandal.

Media landscape

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354 total sources

Key points from the Left

  • A Senate committee voted 8-5 to hold Anthony Fauci in contempt for refusing to answer questions about the origins of the COVID-19 pandemic.
  • Anthony Fauci invoked his Fifth Amendment rights over 100 times during the Senate committee hearing to avoid answering questions.
  • Senator Rand Paul plans to send the contempt resolution against Fauci to the Department of Justice for possible prosecution.
  • Senator Paul argued that Fauci had no reason to invoke the Fifth Amendment because President Biden had pardoned Fauci for actions during his infectious disease leadership period.

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Key points from the Center

  • On Thursday, the Senate Homeland Security Committee voted 8-7 along party lines to hold Dr. Anthony Fauci in contempt of Congress, referring the 85-year-old former National Institutes of Health official to the Department of Justice for potential prosecution.
  • Fauci invoked his Fifth Amendment right to avoid self-incrimination, declining to answer committee questions more than 100 times during last week's hearing.
  • Committee chair Rand Paul argued that Fauci forfeited his constitutional protection by accepting a presidential pardon from President Joe Biden covering alleged offenses between 2014 and January 2025.
  • Democratic committee members warned the vote establishes a "damaging precedent" for future congressional oversight, while Paul ejected Fauci's attorney David Schertler after Schertler defended his client against threats of "consequences."
  • Critics argue the referral is a "political trap" designed to force a misstatement for prosecution by the Justice Department, which will now decide whether to pursue charges against Fauci.

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Key points from the Right

  • The Senate Homeland Security Committee voted 8-5 to hold Dr. Anthony Fauci in contempt of Congress for refusing to answer questions about COVID-19 and gain of function research by invoking his Fifth Amendment rights.
  • The contempt resolution allows the Senate Vice President, JD Vance, to certify the committee's report to the DC US Attorney for potential prosecution, with Fauci facing up to one year in prison and a $1,000 fine if convicted.
  • Senator Rand Paul accused Fauci of refusing to testify over 100 times and seeks rapid DOJ involvement, while Senator Gary Peters warned that punishing witnesses for exercising constitutional rights could set a dangerous precedent.

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