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Fauci’s decision to invoke the Fifth Amendment tees up a legal debate and a contempt vote

The committee will consider contempt after Fauci invoked the Fifth Amendment more than 100 times at a hearing on the COVID-19 pandemic.

  • The Senate Homeland Security and Governmental Affairs Committee, chaired by Senator Rand Paul of Kentucky, will vote Thursday on holding Dr. Anthony Fauci in contempt after he invoked the Fifth Amendment over 100 times during last week's hearing.
  • Republican senators contend that a pardon from President Joe Biden left Fauci ineligible for Fifth Amendment protections, though legal experts argue potential state prosecutions and questions from President Donald Trump's administration about the pardon's validity justify his silence.
  • Fauci claimed the committee chairman has an "obvious obsession with calling for my prosecution," arguing the hearing aims to force statements vindicating Paul's public pledges that he end up "behind bars."
  • To bypass a full Senate vote where Republicans lack the 60 votes required, the committee is working to send the referral directly to the Justice Department, with Vice President JD Vance certifying the report.
  • Legal experts note the case sets a significant precedent for future investigations into pardoned administration officials, creating uncertainty regarding Congress's ability to compel testimony from witnesses previously granted clemency by President Biden.
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ussanews.com broke the news on Tuesday, August 4, 2026.
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