Rand Paul seeks contempt charges after Fauci invokes Fifth Amendment more than 100 times

Dr. Anthony Fauci, the former National Institute of Allergy and Infectious Diseases (NIAID) Director, left Wednesday's congressional grilling without answering lawmakers' questions, but Republicans are escalating their fight to compel his testimony.

Sen. Rand Paul, R-Ky., announced Wednesday that he will seek contempt charges against Fauci after he invoked his Fifth Amendment right against self-incrimination more than 100 times during the blockbuster hearing.

"We're going to have a vote next week on contempt. I think there's another legal question that the courts may have to decide upon," Paul said. "And that is whether or not a presidential pardon offers you complete immunity."

Chairman Sen. Rand Paul, R-Ky., speaks during a Senate Homeland Security and Governmental Affairs confirmation hearing on Jan. 15, 2025, in Washington, D.C.  (Andrew Harnik/Getty Images)

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The move capped off a years-long feud between Paul and Fauci after the senator accused Fauci of lying to Congress about the origins of COVID-19 and funding gain-of-function research in China that he alleged fueled the virus' outbreak.

Paul has previously issued criminal referrals against Fauci and suggested he should face criminal prosecution over alleged false statements to Congress.

Fauci has repeatedly denied Paul's allegations and said he did not do anything wrong.

Paul, the top Republican on the Senate Homeland Security and Governmental Affairs Committee, subpoenaed Fauci to testify Wednesday about the origins of COVID-19 after he declined to appear voluntarily.

Fauci repeatedly pleaded the Fifth, arguing Paul had an "obsession" with seeking his arrest and released more than 1,000 pages of his "personal diary" over the weekend in an effort to embarrass and intimidate him, according to his opening statement.

Fauci's refusal to answer any questions came as a surprise to Paul and his staff, who believed the ex-COVID-19 czar would not invoke his Fifth Amendment rights.

So confident, a source familiar told Fox News Digital, that several questions were prepared ahead of time, and members of the committee were told to come prepared for Fauci’s rebuttals.

Some Republicans on the panel have argued that the sweeping pardon former President Joe Biden granted Fauci would not shield him from contempt sanctions because any alleged misconduct would have occurred after the pardon was issued. 

The unprecedented pardon covers any federal offenses the ex-COVID-19 czar may have committed between Jan. 1, 2014, and Jan. 20, 2025 regarding his leadership over the NIAID and helming the nation’s COVID-19 response, among other government service.

"You don't have any rights under the Fifth Amendment because you've been pardoned," Sen. Josh Hawley, R-Mo., said during the fiery hearing. "You know that. Your lawyer is sitting behind you now, shifting nervously in their chairs. They know it. This isn't about the Constitution. This isn’t about the law."

"This is about contempt, contempt for this body and contempt for the American people," he continued.

Sen. Rand Paul, R-Ky., announced Wednesday that he will seek contempt charges against Dr. Anthony Fauci, the former National Institute of Allergy and Infectious Diseases (NIAID) Director.  (Chip Somodevilla/Getty Images)

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The planned committee vote is likely to be along party lines as several Democrats on the panel came to Fauci’s defense on Wednesday.

If approved by the committee, the contempt resolution would head to the full Senate, where Democrats could filibuster it. The resolution would need 60 votes to advance, requiring at least some Democratic support. 

Democrats on the panel accused Paul of leading a partisan oversight investigation that cut out Democrats, including failing to share documents before Republicans publicly released them. 

"This hearing appears to be a culmination of months of biased and selected efforts by the majority, under the guise of a committee investigation, to basically legitimize a predetermined conclusion that was reached years ago," Sen. Gary Peters, D-Mich., said during his opening statement.

The lead Democrat also accused Paul of "relitigating the past" instead of holding the annual threats hearing or an oversight hearing on the Department of Homeland Security's budget request for the upcoming fiscal year. 

Paul fired back that Peters’ claim that the committee blocked the minority from accessing records is "categorically false" and claimed the probe was the "most transparent investigation" in history.

"We actually created a website, and we put all of the information on the website. It continues to operate," Paul added. "The reason it hasn't been accessed is no Democrat ever signed up for it."

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Sen. Maggie Hassan, D-N.H., also spoke at the hearing, arguing the forum was "designed to entrap" Fauci.

She and other Democrats were not able to ask any questions after Fauci repeatedly pleaded the Fifth.