Senate Schedules Contempt Vote for Fauci

The doctor declined to answer questions under subpoena.

Dr. Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies before the Senate Committee on Homeland Security and Governmental Affairs in Washington on July 29, 2026. Madalina Kilroy/The Epoch Times

The Senate has scheduled a vote on holding Dr. Anthony Fauci in contempt.

The Senate Committee on Homeland Security and Governmental Affairs on Aug. 5 will consider a contempt resolution for Fauci. The resolution has not been released as of yet.

If the panel approves the resolution, then it will be sent to the Department of Justice with a recommendation to prosecute Fauci, Sen. Rand Paul (R-Ky.), chairman of the Senate panel, said during an appearance on CBS on July 30.

Paul has previously requested prosecution of Fauci for allegedly lying to Congress, but federal prosecutors have not brought any charges to date.

Fauci, who led the National Institutes of Health’s National Institute of Allergy and Infectious Diseases from 1984 to 2022, read an opening statement at a hearing of the committee on July 29, then refused to answer any questions.

Fauci said he was following advice from his lawyers and invoking his right under the Constitution’s Fifth Amendment, which protects people against self-incrimination.

Paul noted at the end of the hearing that a preemptive pardon from then-President Joe Biden issued in early 2025 covers Fauci for any crimes he may have committed from Jan. 1, 2014, through Jan. 19, 2025. Paul asked Fauci whether he, at any point during the time period the pardon covers, destroyed any federal record or instructed others to.

Fauci declined to answer, pointing to the Fifth Amendment.

“My question was limited to the period of your pardon only. I find your objection unsupported,” Paul said.

Fauci said in his opening statement that Paul is obsessed with calling for his prosecution.

“The only conclusion I can reach is that the sole reason he is calling me before this committee is to get me to say something, anything that could vindicate his repeated public pledges that I end up, in his words, ‘behind bars,’” Fauci said.

Sen. Rand Paul (R-Ky.), chairman of the Senate Committee on Homeland Security and Governmental Affairs, speaks during a hearing with Dr. Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, in Washington on July 29, 2026. Madalina Kilroy/The Epoch Times

Some senators said the situation called to mind what transpired with Lois Lerner, an IRS official who read an opening statement while appearing before a congressional panel in 2013 before refusing to answer any questions. The House of Representatives voted to hold Lerner in contempt of Congress.

Congress more recently approved contempt resolutions against Peter Navarro and Steve Bannon, onetime advisers to President Donald Trump. The men were convicted of contempt and spent time in prison.

People convicted of contempt of Congress can land a fine of up to $100,000 and a prison term of up to 12 months.

Several legal experts told The Epoch Times that Fauci wrongly invoked the Fifth Amendment in response to some of the questions.

Fauci’s lawyer, David Schertler, said in a statement to news outlets that Paul’s calls to prosecute Fauci trigger “what the Supreme Court has called a ‘basic function’ of the Fifth Amendment—‘to protect innocent men … who otherwise might be ensnared by ambiguous circumstances.’”