Federal prosecutors will now decide whether to bring charges against the doctor.
A Senate committee on Aug. 6 voted to hold Dr. Anthony Fauci, the former head of the National Institute of Allergy and Infectious Diseases (NIAID), in contempt of Congress.
The Senate Committee on Homeland Security and Governmental Affairs voted 8–5 along party lines. All Republicans voted to hold Fauci in contempt, and all Democrats, including two by proxy for the record only, voted not to hold him in contempt.
“When voluntary cooperation ends, Congress must be able to compel compliance with its lawful demands. That is Congress’s compulsory instrument,“ Sen. Rand Paul (R-Ky.), chairman of the panel, said before the vote. ”A subpoena is not an invitation. A subpoena with no consequence is not a subpoena; it’s a suggestion.”
Sen. Gary Peters (D-Mich.), the top Democrat on the committee, said before the vote that Republicans were offering the resolution “without making the case that there is a legal basis for holding Dr. Fauci in contempt.”
The committee plans to recommend that the Department of Justice charge Fauci with contempt of Congress, according to Paul.
The U.S. Attorney’s Office for the District of Columbia and an attorney representing Fauci did not immediately respond to requests for comment.
The full Senate could consider the matter before making a referral to prosecutors, but Paul has said that might result in a negative vote.
Peters said referral without a vote from the Senate “would be even more dangerous, and a widely unprecedented move.”
Contempt of Congress is when a person who was subpoenaed by Congress “willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry.” Each count carries up to 12 months in prison.
Republican senators said they voted to hold Fauci in contempt for several reasons involving his recent appearance before the committee.
Fauci, during that appearance, read a prepared opening statement noting that he had previously testified before congressional panels, before criticizing Paul and stating that he would not be answering any questions. For the rest of the hearing, Fauci said he was invoking his Fifth Amendment right against self-incrimination.
Senators pointed to how Congress voted to hold Lois Lerner, a former IRS official, in contempt after she read an opening statement during a hearing in 2013 before refusing to answer questions. Some also noted that Fauci received a preemptive pardon from former President Joe Biden.
