The Senate Homeland Security and Governmental Affairs Committee voted Wednesday to recommend holding former National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci in contempt of Congress after he repeatedly invoked the Fifth Amendment during testimony before lawmakers last week.
The measure passed on an 8-7 party-line vote, advancing the matter toward a potential vote by the full Senate. If approved by the chamber, the contempt referral would be sent to the Department of Justice for consideration.
Ahead of the committee meeting, Chairman Sen. Rand Paul (R-Ky.) said he wants the Justice Department to act quickly if the Senate ultimately votes to hold Fauci in contempt.
“The next step will be when we send the referral over directly to the Department of Justice,” Paul told Fox News before the vote. Under federal law, a criminal contempt conviction can carry penalties including a fine and up to one year in prison.
Democratic members of the committee unsuccessfully attempted to delay consideration of the contempt resolution through a series of procedural motions. Each effort failed.
The contempt effort stems from Fauci’s appearance before the committee last week, when he declined to answer lawmakers’ questions by invoking the Fifth Amendment a whopping 111 times. In his opening statement, Fauci explained that his decision was based on the advice of legal counsel.
“Although it pains me to do so because of the respect I have for the legislative branch of government, and my decades-long record of cooperating with Congress under the advice of my attorneys, I will invoke my right under the Fifth Amendment of the Constitution to refrain from answering your questions,” Fauci said.
Throughout the hearing, Fauci refused to answer every substantive question posed by senators. He also invoked the Fifth Amendment in response to basic questions, including inquiries about what day of the week it was and even the color of the tie he was wearing.
The committee vote also came shortly after Sen. Ron Johnson (R-Wis.) announced that investigators had obtained Fauci’s government-issued iPhone as part of ongoing congressional inquiries into the federal response to the COVID-19 pandemic.
“The Permanent Subcommittee on Investigations has obtained a copy of Dr. Fauci’s phone from HHS. Hopefully, this device will address many of the questions he refused to answer at last week’s hearing,” Johnson wrote on X.
