The Senate Homeland Security and Governmental Affairs Committee has announced plans to hold a vote next week on whether to certify Dr. Anthony Fauci in contempt of Congress.
During a high-profile hearing earlier this week, Fauci invoked his Fifth Amendment right against self-incrimination, declining to answer more than 90 questions about issues including the destruction of federal records and the origins of COVID-19.
Senator Rand Paul argued that Fauci's reliance on the Fifth Amendment is "unsupported" due to a broad pardon granted by former President Joe Biden for potential federal offenses between 2014 and early 2025.
Paul pressed Fauci on whether he had destroyed emails or other records during the period covered by the pardon, emphasizing that Fauci would face no federal criminal jeopardy for truthful answers but still refused to respond.
Florida Attorney General James has announced that his office is opening an investigation into Fauci's conduct during the pandemic to examine potential state offenses not covered by Biden's federal pardon.
Separately, former Deputy Assistant Attorney General John Yoo has stated that any lies Fauci might tell under oath could constitute new federal crimes not shielded by the earlier pardon, as presidential clemency can only cover past acts.
Yoo underscored that perjury before Congress is prosecutable under federal law and that the Justice Department could still bring criminal charges if investigators can prove Fauci knowingly made materially false statements during the hearing.
