Photo: AP Photo/Allison Robbert
The U.S. Senate Committee on Homeland Security and Governmental Affairs will consider whether to find Fauci guilty of contempt of Congress, according to the Associated Press. If the resolution is approved, the case materials may be forwarded to the U.S. Department of Justice, which will determine whether there are grounds for further legal action.
During the hearings, Fauci repeatedly invoked the Fifth Amendment to the U.S. Constitution, which allows a person to refuse to answer questions if their testimony could be used against them in a criminal proceeding. The former head of NIAID declined to answer more than 100 questions related to decisions and measures taken during the pandemic.
Committee Chairman Rand Paul, a Republican senator, stated that Fauci should not have exercised this right after receiving a presidential pardon from Joe Biden. The pardon, issued in 2025, covers Fauci’s actions from 2014 through January 2025. According to Paul, now that the threat of federal prosecution has been removed, there is no basis for invoking the Fifth Amendment.
Fauci disagreed with this position. He stated that the pardon does not preclude possible investigations at the state level and does not exempt him from liability in the event of potential charges of perjury.
The decision on how to proceed now rests with the U.S. Department of Justice. Any potential proceedings could set an important precedent for the relationship between Congress and witnesses who have received a presidential pardon.
