Sen. Rand Paul (R-Ky.) is betting that a Senate homeland security panel will hold Dr. Anthony Fauci in contempt after the former top infectious disease official invoked the Fifth Amendment more than 100 times during subpoenaed testimony.
Rand Paul Predicts Senate Panel Will Hold Anthony Fauci in Contempt After He Invoked the Fifth Amendment More Than 100 Times: 'The Truth is...'
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Paul Presses Ahead With Contempt Vote
"I think there is a very good chance that we will win the vote," Paul told Fox News Digital in an account reported on Thursday. "The next step will be when we send the referral over directly to the Department of Justice."
Paul also took to X, writing: "I've sent two criminal referrals on Fauci to two different administrations. Tomorrow's contempt vote adds the weight of an entire committee behind it. The truth is coming out, one way or another."
The vote is the latest chapter in Paul's yearslong feud with Fauci over COVID-19's origins, U.S.-funded virus research, and whether Fauci misled Congress. Paul subpoenaed the former NIAID director in June after releasing more than 1,100 pages of pandemic-era diaries. Fauci has consistently denied lying or concealing the virus's origins.
Fauci Cites Fifth Amendment And Pardon Risks
At the July 29 hearing, Fauci said, "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 accused Paul of pursuing an "unhinged" campaign to imprison him and argued that answering questions could expose him to new accusations. The committee's resolution, however, contends that former President Joe Biden's pardon eliminated Fauci's federal prosecution risk and that his opening statement waived any remaining privilege.
Biden pardoned Fauci for potential federal offenses from Jan. 1, 2014, through Jan. 19, 2025. The pardon doesn't cover later conduct or state charges.
Paul has questioned whether the pardon leaves Fauci any Fifth Amendment protection. Legal experts told Reuters that courts have not yet resolved whether a pardoned witness can refuse to answer congressional questions about pardoned conduct.
Referral Faces Uncertain Path Through Congress
Paul wants to send the referral directly to Washington's U.S. attorney. Reuters noted that the standard process requires committee approval and a full Senate vote, likely needing 60 senators, before prosecutors decide whether to seek an indictment.
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