Senators hold Fauci in contempt, advance to U.S. Attorney's Office

By Andrew Rice
The Center Square

U.S. Senators advanced, in an 8-5 vote on Thursday, a contempt of Congress resolution that would refer Anthony Fauci to the U.S. Attorney's Office in Washington, D.C.

Fauci testified before the Senate Homeland Security and Government Governmental Affairs Committee last week on his response to the COVID-19 pandemic. He invoked his Fifth Amendment right to protect against self-incrimination more than 100 times during the hearing. 

"Holding a witness in contempt is a serious thing, and it should be rare," U.S. Sen. Rand Paul, R-Ky., said. "But the contempt power exists for precisely this circumstance," 

Paul's resolution called for sending Fauci's contempt vote to the U.S. Attorney's Office in Washington, D.C., led by Jeanine Pirro. Paul could bypass a vote by the full Senate to advance the contempt resolution. 

Republicans fiercly criticized Fauci for refusing to answer questions last week about contradictions found in his personal diary compared to his public comments related to the pandemic. Sen. Josh Hawley, R-Mo., said he asked Fauci the color of his tie last week to test whether he answered questions in "good faith." 

Hawley said Fauci needed to assert specific claims on his fear of prosecution to be adequately protected by the Fifth Amendment. He said Fauci did not display those fears in his answers to questions. 

"He wouldn't answer, that betrays the fact that his invocation of the Fifth Amendment wasn't tailored to anything; it was a predetermined, premeditated design," Hawley said. "He had no interest and no intention of answering any of our questions. There's no privilege for any of that."

Republicans on the committee also pointed to Fauci's pardon from President Joe Biden, an order that granted him aid from criminal prosecution over his activities leading the COVID-19 response. 

"What he displayed last Wednesday was contempt for Congress, contempt for this committee, contempt for our investigation," Sen. Ron Johnson, R-Wisc., said. 

Democrats repeatedly attempted to delay the vote on holding Fauci in contempt, but were overruled. 

"This resolution will not provide the committee with any additional information, or compel Dr. Fauci to provide answers to our inquiries," said. Sen. Gary Peters, D-Mich. "Criminal contempt is punitive; it does not compel a witness to answer questions or produce the documents we'd all like to see."

"Oversight is not a courtesy this committee extends or a favor a former official grants us; it is a constitutional obligation," Paul said.