The Senate Homeland Security and Governmental Affairs Committee will consider a resolution recommending that the U.S. Attorney’s Office for the District of Columbia review the matter and determine whether to pursue a criminal contempt investigation.

During last week’s hearing, Fauci invoked the Fifth Amendment more than 100 times when questioned by lawmakers about his role in the federal government’s response to the COVID-19 pandemic.

Committee Chairman Sen. Rand Paul, R-Ky., argued that Fauci could not rely on the constitutional protection because former President Joe Biden granted him a presidential pardon in January 2025 covering federal conduct dating back to 2014.

Before the hearing, however, Fauci said he continued to face potential legal risks despite the pardon. In a statement, he said Paul’s repeated calls for his prosecution left him concerned about possible criminal exposure, noting that the pardon does not protect against potential state prosecutions or legal issues arising from future testimony.

Committee to Consider Justice Department Referral

If the committee approves the resolution, it would recommend that the Justice Department review the case and determine whether to investigate or pursue criminal contempt charges.

Paul said Wednesday that while contempt resolutions have traditionally proceeded to a vote of the full Senate, he intends to move forward with the committee recommendation first because obtaining the votes needed for Senate consideration could prove difficult.

He said the committee referral would allow the matter to move ahead while preserving the option of seeking a full Senate vote at a later stage.

Constitutional Questions at the Center of Dispute

The dispute has renewed debate over the relationship between presidential pardons, the Fifth Amendment and Congress’ investigative authority.

Paul argues that a presidential pardon removes the risk of federal prosecution for covered conduct, eliminating the legal basis for invoking the Fifth Amendment in response to questions about those matters.

Fauci maintains that he continues to face potential legal exposure despite the pardon, including possible state-level investigations and legal consequences related to any future testimony.

Legal experts have long recognized that the Fifth Amendment protects witnesses from compelled testimony that could expose them to criminal liability, but how those protections apply to individuals who have received presidential pardons remains a subject of legal debate.

The committee’s vote is expected to serve as an early test of those constitutional questions while determining whether Congress should formally recommend that federal prosecutors review Fauci’s refusal to answer lawmakers’ questions.

This report is based on reporting by The Associated Press.

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