3 weeks ago
Senate panel votes to hold Fauci in contempt of Congress
Anthony Fauci is a famous doctor who helped guide the United States through the Covid-19 pandemic.
Some senators wanted to ask him questions about that time.
When Fauci went to a hearing, he decided not to answer their questions.
He used a special rule called the Fifth Amendment, which lets people stay quiet so they do not accidentally get themselves in trouble.
He used this rule more than one hundred times.
This upset the senators on the committee, and they voted to hold him in contempt, which means they think he disobeyed them.
Senator Rand Paul said Fauci was safe because President Joe Biden gave him a pardon, which is like a government forgiveness note.
Fauci said the pardon does not protect him from new trouble caused by new things he might say.
Other senators agreed with Fauci and said he was right to stay quiet.
Now, government lawyers will decide what happens next.
The Senate Homeland Security and Governmental Affairs Committee voted to hold Anthony Fauci in contempt of Congress over his Covid-19 hearing testimony.
Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times at last week's hearing on the pandemic.
The contempt resolution will be referred to the US Attorney's Office in Washington, which will decide whether to investigate or prosecute.
Committee chairman Sen. Rand Paul argued that Biden's pardon meant Fauci faced no risk of federal prosecution and should have told the truth.
Fauci said he feared new statements could expose him to criminal charges not covered by Biden's pardon, and Democratic lawmakers backed his decision.
- Who
- Anthony Fauci, former top infectious disease expert, and the Senate Homeland Security and Governmental Affairs Committee, chaired by Sen. Rand Paul.
- What
- The committee voted to hold Fauci in contempt of Congress and refer the matter to the Justice Department after he repeatedly invoked his Fifth Amendment right at a Covid-19 hearing.
- Where
- Washington, D.C. — the Senate committee vote, with the referral sent to the US Attorney's Office in Washington.
- When
- The committee vote took place on Thursday, following Fauci's hearing the previous week; Biden's pardon was granted earlier this year.
- Why
- Fauci refused to answer questions, citing Fifth Amendment protections; Republicans argued his presidential pardon removed any risk of prosecution, while Fauci and Democrats said the pardon did not cover potential new charges.
Fauci and Democratic lawmakers
Republicans led by Sen. Rand Paul
Fifth Amendment right after a presidential pardon
Fauci and Democratic lawmakers
The pardon does not protect Fauci from potential prosecution arising from future testimony, so his constitutional right to remain silent was legitimate.
Republicans led by Sen. Rand Paul
Because Biden's pardon removed any risk of federal prosecution, the Fifth Amendment protection no longer applied and Fauci should have told the truth.
Purpose of the questioning
Fauci and Democratic lawmakers
Sen. Maggie Hassan said the goal was to get Fauci to make a misstatement that a 'weaponized' Department of Justice could use to file criminal charges not covered by the pardon.
Republicans led by Sen. Rand Paul
Sen. Rand Paul said the vote was not about Fauci's pandemic handling, but about whether a pardoned witness can refuse to answer questions after being ordered to do so by Congress.
Key facts
- Committee
- Senate Homeland Security and Governmental Affairs Committee
- Action
- Voted to hold Anthony Fauci in contempt of Congress
- Reason
- Fauci invoked the Fifth Amendment more than 100 times at a Covid-19 hearing
- Pardon
- Sweeping pardon granted to Fauci by former President Joe Biden earlier this year
- Next step
- Referral to the US Attorney's Office in Washington to decide on investigation or prosecution
- Republican argument
- Pardon removed any risk of federal prosecution, so Fauci should have answered questions
- Fauci's argument
- New statements could expose him to criminal charges not covered by the pardon
Quotes
Senator Maggie Hassan
D‑NH Senator and committee member
“"The goal was to wait for Dr. Fauci to make any kind of misstatement and then have a weaponized Department of Justice file criminal charges for that new statement that would not have been covered by the pardon, leaving Dr. Fauci little choice but to invoke his constitutional right to not walk directly into a trap."”
livemint.com
“"I invoked the Fifth Amendment because I feared that any new statements could expose me to criminal charges not covered by Biden’s pardon."”
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