Senate panel votes 7-4 to hold Fauci in contempt

The Senate Homeland Security and Governmental Affairs Committee handed the Justice Department an “incredibly messy” choice on Thursday by voting 7-to-4 to refer Anthony Fauci for criminal contempt after he invoked his Fifth Amendment 111 times during a May hearing on COVID origins.

The referral lands as Republicans step up their three-year campaign to blame U.S. pandemic policies on Fauci, the former National Institute of Allergy and Infectious Diseases director. House Republicans already impeached Homeland Security Secretary Alejandro Mayorkas in February; now they want a similar reckoning for Fauci, arguing he obstructed Congress by refusing to answer questions about early COVID research funding and whether the virus leaked from a Wuhan lab. Democrats on the committee called the move a political stunt that could chill future testimony.

Legal experts warn the contempt referral creates a no-win situation for prosecutors. If they charge Fauci, they risk turning a policy dispute into a First Amendment flashpoint; if they decline, they face accusations of protecting the former top health official. The Justice Department has already faced criticism for slow-walking similar contempt cases against Steve Bannon and Mark Meadows, and a new prosecution would intensify partisan warfare over congressional oversight. Fauci’s lawyers have signaled he will continue asserting his Fifth Amendment rights if compelled to testify again.

What happens next is unclear. The full Senate must vote on the contempt referral, a step that could drag into the summer. Even if the chamber approves, Attorney General Merrick Garland would have to decide whether to convene a grand jury or decline the case. The outcome will shape how future officials handle congressional subpoenas and could redefine the balance between executive privilege and congressional subpoena power. For now, the fight over Fauci’s testimony has become less about facts and more about who controls the narrative on the pandemic’s origins and the government’s response.