Senate Republicans are preparing a Thursday vote on the state attorneys general fauci subpoena fight after Dr. Anthony Fauci repeatedly invoked the Fifth Amendment during a hearing last week. The Senate Homeland Security and Governmental Affairs Committee is moving the dispute toward Contempt of Congress, a step that could send the case to the Justice Department or to a full Senate vote.
Fauci's hearing last week
Dr. Anthony Fauci declined to answer lawmakers’ questions and told them in his opening remarks that he believed Republicans would have tried to use his testimony to prosecute him. His refusal set up the contempt push now before Senate Republicans.
Rand Paul, who chairs the committee, said on Tuesday, “I ordered him to answer and warned him about contempt, yet he still refused.” Paul added, “That is obstruction of a congressional investigation. The Committee will act accordingly.”
Rand Paul's contempt push
Paul has targeted Fauci for years and has repeatedly accused him of lying, which Fauci has denied. On Tuesday, Paul accused Fauci of committing felonies, said Fauci lied to Congress and destroyed records, and called the possibility of prison “a good question” when asked about it in an interview on MS NOW.
Paul said, “Did he lie to Congress?” He then said, “I think he did lie to Congress, and I think to be fair, that people who lie to Congress should be charged with a felony, and if convicted, go to jail.” He also said, “There’s also the question of destroying records.”
Georgetown Law on the waiver claim
The Republicans’ contempt resolution says Fauci waived his Fifth Amendment right by giving opening testimony on subjects pertinent to the questions under inquiry. Abbe Smith, a Georgetown Law professor, said that argument did not seem right. “There would have to be some sort of legal understanding about the nature of the pardon and whether it is limitless, and those pre-emptive pardons, those are unique,” she said.
Smith added, “I’m not sure anybody knows how much protection they provide.” She said she would have advised Fauci to assert the Fifth if she had been his defense counsel, and added, “I don’t think that sort of an opening statement is a waiver.” She said, “It’s not like he was answering specific allegations and then shutting down questioning.”
Justice Department referral
If the committee approves Contempt of Congress, it can refer the matter directly to the Justice Department or ask Senate Majority Leader John Thune to bring it to a full Senate vote. If the case reaches the Justice Department, prosecutors would need to secure an indictment from a grand jury in the district. Thursday’s vote is the next procedural step and could determine whether the dispute stays inside the Senate or moves into the criminal system.
