Rand Paul to refer Fauci to DOJ for contempt after panel vote
Senator Rand Paul (R-KY) plans too refer Dr. Anthony Fauci to the Department of Justice for contempt of Congress following a committee vote. This move bypasses a full Senate vote on whether Fauci improperly invoked his constitutional right against self-incrimination during a recent hearing about his management of the COVID-19 pandemic. Paul considers the referral a recommendation and intends to include a legal brief, wiht discussions ongoing about whether the full Senate will vote on it. Although Fauci received a federal pardon that protects him from federal prosecution related to pandemic actions, he can still face state or local charges, and any false testimony after the pardon would not be protected. Fauci largely invoked the Fifth Amendment during the hearing, only making a brief opening statement and criticizing Paul’s focus on prosecuting him. The hearing was prompted by the release of Fauci’s diary entries, which raised questions about the reported COVID-19 fatality rate. Some GOP senators, like James Lankford, support Fauci’s Fifth amendment rights but also support contempt proceedings. Several GOP-led state attorneys general have announced investigations into Fauci following the hearing.
Sen. Rand Paul (R-KY) will refer Dr. Anthony Fauci to the Department of Justice for contempt of Congress after a committee vote slated for Thursday morning.
The move by Paul, chairman of the Senate’s Homeland Security Committee, effectively sidesteps a vote before the entire chamber on whether Fauci inappropriately invoked his constitutional right against self-incrimination during a hearing on his handling of the coronavirus pandemic.
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A federal law lays out the process for the president of the Senate to certify the contempt resolution, but Paul argued that step does not need to happen for him to ask the Justice Department to investigate Fauci for possible prosecution.
“It’s a referral. It’s a recommendation,” Paul said on Tuesday, telling the Washington Examiner he would include a legal brief in that referral. “So, we’ll send it directly from the committee, but then we’ll also talk to leadership and at some point in time see if they want to vote on it.”
Fauci, who helped lead the federal response to the pandemic as a top infectious disease specialist, received a blanket pardon in the final hours of Joe Biden’s presidency, leading Republicans to argue that he had a responsibility to cooperate with Paul’s committee in last week’s testimony.
Under that pardon, Fauci would be immune from federal prosecution but could still face state or local charges. Any allegations of false testimony made after the date of the pardon would also not be covered.
Fauci pleaded the Fifth Amendment more than 100 times last week and only spoke to deliver his opening statement, accusing Paul of having an “obvious obsession with calling for my prosecution.”
Paul, a libertarian and longtime skeptic of the federal government’s response to the pandemic, has accused Fauci of covering up the origin of COVID-19 and referred him to the Justice Department multiple times under the Biden administration.
The hearing followed Paul’s release of Fauci’s diary entries, which were stored on a government server.
One GOP member of the panel, Sen. James Lankford (R-OK), appeared to support Fauci’s Fifth Amendment right during the hearing, although he told the Washington Examiner on Tuesday that he would support the contempt resolution and viewed the questioning as separate from any state charges he might face.
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The attorneys general of several GOP-led states have vowed to investigate Fauci after his Senate hearing.
“It’s two different issues here,” Lankford said. “I believe he has a Fifth Amendment right based on his protection for state crimes that are sitting out there, obviously, or any future crimes — that’s very different.”
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