The Senate Homeland Security and Governmental Affairs Committee voted 8 to 5 Thursday to hold former NIAID Director Dr. Anthony Fauci in contempt of Congress after he invoked his Fifth Amendment right more than 100 times during last week’s hearing on his handling of the COVID-19 pandemic.
Democrats unanimously opposed the contempt resolution. Republicans won the vote — and now Sen. Rand Paul is referring charges directly to the Department of Justice.
“DR. FAUCI FACED NO RISK OF FEDERAL PROSECUTION. ALL HE HAD TO DO WAS TELL THE TRUTH.”
Sen. Paul, the committee chairman, argued that the Fifth Amendment did not apply because Fauci received a last-minute preemptive pardon from Joe Biden in January 2025. According to Paul, that pardon shielded Fauci from federal prosecution for actions between 2014 and 2025 — meaning he had no legal excuse to remain silent.
But the pardon does not protect him from charges arising after that date, including contempt of Congress.
And it does not cover potential state charges. Three states — Florida, Louisiana, and Alabama — have officially launched investigations into Fauci regarding his alleged misdeeds during the COVID-19 pandemic.
Paul said he would bypass a full Senate vote and refer the contempt charge directly to the Department of Justice.
“PASSED BY REPUBLICANS ON BEHALF OF THE MILLIONS OF AMERICANS AND THEIR FAMILIES STILL AFFECTED YEARS AFTER THE COVID PANDEMIC, THE RESOLUTION TO HOLD ANTHONY FAUCI IN CONTEMPT OF CONGRESS HAS PASSED OUT OF THE SENATE HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE BY A VOTE OF 8-5,” Paul posted on X following the vote Thursday.
The Homeland Security Committee’s contempt resolution authorizes Vice President JD Vance, the president of the Senate, to certify the report on Fauci to D.C. US Attorney Jeanine Pirro.
In a statement following the vote, Fauci’s lawyer, David Schertler, called it a “crude political stunt” being conducted to “punish Dr Fauci for exercising his constitutional right.”
“TODAY’S PARTISAN COMMITTEE VOTE IS A CRUDE POLITICAL STUNT INTENDED TO PUNISH DR. FAUCI FOR EXERCISING HIS CONSTITUTIONAL RIGHTS.”
Schertler added: “Today’s resolution is a continuation of Senator Paul’s personal vendetta against Dr. Fauci, who spent 50 years in public health and has saved countless lives. It is shameful and wrong that Senator Paul is abusing his power by trying to weaponize the Justice Department against an honorable public servant.”
Democrat lawmakers continue to defend Fauci despite the mountain of damning evidence now in the public eye.
Sen. Paul last month released over 1,100 pages of Fauci’s diary entries, spanning from December 2019 to December 2022. The bombshell diary entries revealed that the lifelong bureaucrat had private doubts about the virus’s origins even as he publicly insisted that the virus emerged naturally.
He knew early on that COVID-19 was merely a bad case of the flu while he publicly claimed it was ten times worse than the flu.
Fauci’s diary also revealed that officials knew the COVID shots had rapidly declining efficacy, but hid this from the public because it would weaken the legal case for mandates.
He also ignored countless vaccine safety signals, even concealing his own pulmonary infarction — a known COVID vax injury — four months after getting vaccinated, his diary entries revealed.
The journals documented numerous other examples of his duplicity, along with his appalling arrogance and preoccupation with fame and adoration as infections rose.
Meanwhile, the Department of Health and Human Services has handed over a copy of Dr. Fauci’s phone records to the Permanent Subcommittee on Investigations, the Wall Street Journal reported Wednesday. The device is expected to address many of the outstanding questions he refused to answer at last week’s hearing.
Read this Fauci diary entry closely. Officials would not admit the vaccine was not stopping spread because it might weaken the legal case for mandates. That is not science. That is a cover-up to justify coercion. https://t.co/fLlQkF2K1U
— Rand Paul (@RandPaul) July 31, 2026
Exclusive: A Senate panel has obtained a copy of Dr. Anthony Fauci's Covid-era iPhone, potentially securing more records related to his actions during the pandemic https://t.co/Ip6tKq0MVx
— The Wall Street Journal (@WSJ) August 5, 2026









