Fauci's Contempt Vote Poses Complex Dilemma for DOJ

WHO:

NY Post - Dr. Anthony Fauci held in contempt of Congress.

Yahoo - Rand Paul (R-Ky.) is the chair of the Senate Homeland Security and Governmental Affairs Committee.

Yahoo - Barbara McQuade, a former U.S. attorney in Michigan, commented on the case.

Yahoo - David Schertler is an attorney representing Fauci.

Yahoo - Molly Gaston is a former federal prosecutor who worked on the Bannon case.

Yahoo - Mark Osler is a former federal prosecutor and current law professor.

WHAT:

NY Post - Fauci pleaded the Fifth Amendment 111 times during a Senate hearing.

Yahoo - The Senate committee approved a criminal referral for Fauci's contempt of Congress.

Yahoo - Fauci could face up to one year in jail and a $100,000 fine if found guilty of contempt.

Yahoo - Three state attorneys general have issued subpoenas to Fauci after launching investigations into him.

Yahoo - The resolution to charge Fauci has not been vetted by the full Senate.

WHERE:

Yahoo - The Senate Homeland Security and Governmental Affairs Committee is located in Washington, D.C.

WHEN:

Yahoo - The Senate committee approved the criminal referral on a Thursday.

Yahoo - The pardon received by Fauci from President Biden covers the period from January 1, 2014, through January 19, 2025.

WHY:

Yahoo - The committee argues that Fauci's assertion of his Fifth Amendment rights amounts to contempt.

Yahoo - Paul and the committee's Republicans claim the pardon negates Fauci's Fifth Amendment claim.

Yahoo - There are concerns about the political motivations behind the contempt vote, as stated by Schertler.

HOW:

Yahoo - The Justice Department must weigh the contempt case before a grand jury if it is formally referred by the full Senate.

Yahoo - The process for contempt measures traditionally requires approval from the full chamber after committee approval.

(UPDATED August 9, 2026 22:05 UTC)

Dr. Anthony Fauci has been held in contempt of Congress after pleading the Fifth Amendment 111 times during a Senate hearing, leading to the Senate Homeland Security and Governmental Affairs Committee approving a criminal referral for him. If found guilty, Fauci could face up to one year in jail and a $100,000 fine, while three state attorneys general have issued subpoenas as part of their investigations into him. The Justice Department will need to consider the contempt case before it can be formally referred to a grand jury, but the resolution has not yet been vetted by the full Senate.