The Senate Homeland Security and Governmental Affairs Committee is expected to vote Thursday on whether to recommend holding Dr. Anthony Fauci in contempt of Congress after he repeatedly invoked his Fifth Amendment right during testimony last week.
The Republican-led panel could refer the matter to the U.S. Attorney's Office in Washington, which would decide whether to investigate or pursue contempt charges.
Fauci declined to answer questions more than 100 times during the hearing, citing his constitutional right against self-incrimination. Committee Chairman Sen. Rand Paul argued that protection no longer applied because Fauci received a presidential pardon from former President Joe Biden covering federal offenses between 2014 and January 2025.
Before the hearing, Fauci said he still faced potential legal risks despite the pardon. In a statement, he accused Paul of trying to force him into saying "something, anything" that could fulfill the senator's repeated pledge to see him "behind bars." Fauci also noted the pardon does not protect him from possible state prosecutions or from any allegations of false testimony before Congress.
Paul said Wednesday he does not plan to immediately seek a full Senate contempt vote, acknowledging such resolutions often fail to secure the required 60 votes. Instead, he said the committee will first vote on sending a recommendation to federal prosecutors, with the possibility of a Senate vote later if necessary.
The dispute could have broader implications for Congress's ability to compel testimony from witnesses who have received presidential pardons and may influence how future administrations use clemency in politically sensitive investigations.