Anthony Fauci contempt vote clears US Senate panel

A Republican-led US Senate committee voted on August 6 to hold Anthony Fauci, the former top US infectious diseases official, in contempt of Congress, advancing a Republican effort tied to scrutiny of Covid-19 pandemic decisions.

The party-line vote followed Fauci's decision last week to invoke his Fifth Amendment right not to answer questions. Fauci did so on the advice of lawyers while Republican senators questioned him about unsubstantiated claims that the origins of the Covid-19 pandemic were covered up.

The contempt effort stems from Republican Senator Rand Paul, the committee's chairman, who had subpoenaed the now-retired Fauci to testify before the Senate Homeland Security Committee. Paul released thousands of pages of Fauci's personal diary before the hearing.

Fauci indicated that his lawyers believed Paul intended to entrap him in a mistake that could result in perjury charges. Paul has indicated he intends to send the panel's recommendation directly to the Justice Department, which can decide whether to take the case.

Contempt resolutions generally go through the full Senate. Bypassing that route could draw further scrutiny over accusations that President Donald Trump's administration aims to persecute perceived political opponents.

Paul has charged that, under Fauci's watch at the National Institute of Allergy and Infectious Diseases, US-funded gain-of-function research in China triggered the spread of Covid-19. He says Fauci lied about that to Congress, an allegation Fauci has repeatedly denied.

Fauci has maintained that the virus had natural origins, while saying he is open to the idea of a lab leak. More than six years after the pandemic began, debate over whether Covid-19 leaked from a lab remains intense.

Paul says Fauci is not eligible for Fifth Amendment protection because former president Joe Biden granted him an unconditional pardon for public service actions dating from 2014 through January 19, 2025. Republicans say the pardon already protected Fauci from perjury.

Law scholars are split on the issue, which pits the reach of a presidential pardon against the scope of the Fifth Amendment. University of Florida law professor Tracey Maclin told AFP that if the Senate panel had truly wanted Fauci to speak frankly, it would have offered him immunity.

Democrats on the panel criticised the vote. Senator Gary Peters accused Paul of a rushed investigation and said the vote could harm future investigations while disregarding constitutional protections. Several Democrats unsuccessfully sought a delay so the panel could hear from legal experts.