Senate Panel Votes 8-7 to Hold Fauci in Contempt Over 100 Fifth Amendment Invocations
Updated
Updated · Lawfare blog · Aug 16
Senate Panel Votes 8-7 to Hold Fauci in Contempt Over 100 Fifth Amendment Invocations
3 articles · Updated · Lawfare blog · Aug 16
Summary
An 8-7 party-line vote by the Senate Homeland Security and Governmental Affairs Committee approved a resolution to hold Anthony Fauci in contempt of Congress and seek Justice Department prosecution.
Rand Paul pursued the charge after Fauci invoked the Fifth Amendment more than 100 times at a July 29 hearing, where Paul ruled the privilege claim invalid and pressed for criminal exposure.
Section 194 of the contempt statute appears to require a full Senate vote before any referral can be certified, making Paul's hand-delivered referral to Attorney General Todd Blanche and U.S. Attorney Jeanine Pirro legally vulnerable.
Blanche and Pirro could still try to indict Fauci for contempt or obstruction, but doing so would break with past practice and force Fauci to fight on Fifth Amendment and procedural grounds in court.
The clash could test how far committee chairs and a sympathetic Justice Department can push congressional oversight, with implications for future partisan investigations beyond Fauci.