Paul sets Fauci committee vote for Thursday
The Senate Homeland Security and Governmental Affairs Committee will vote this week on whether to hold Anthony Fauci in contempt of Congress.
Sophie Gardner
Sen. Rand Paul (R-Ky.) will hold a committee vote Thursday morning on whether to hold Anthony Fauci — the former Covid czar who Paul has long reviled — in contempt of Congress.
Fauci appeared last week before the Senate Homeland Security and Governmental Affairs Committee, which Paul chairs, but refused to answer any questions, invoking his Fifth Amendment rights against self-incrimination. During his opening statement, Fauci explained his decision, saying he felt Paul was trying to goad him into saying “something — anything,” in order to prosecute him for perjury.
If Paul’s resolution passes committee Thursday, there are several routes that he could take.
Typically, the resolution would proceed to the full Senate and would need to overcome a 60-vote threshold, meaning Paul would need some Democratic support.
He has reportedly signaled he might try to avoid that route by referring Fauci directly to the Justice Department for prosecution.
But whether that maneuver is legal is another question. It’s “a little bit of a gray area, so I think you could try that,” said Jonathan David Shaub, a professor of law and public policy at the University of Kentucky’s Rosenberg College of Law. “It would really be up to the Justice Department to decide if that was valid or not.”
Another option Paul could attempt involves Vice President JD Vance in his capacity as Senate president.
According to Shaub, the U.S. code that governs prosecutions can be interpreted to mean that after a favorable committee vote the Senate president can refer an individual to the Justice Department for prosecution in lieu of a floor vote, but only if Congress is not in session.
Either way, the U.S. attorney for the District of Columbia would be in charge of prosecuting any contempt of Congress.
“That’s a prosecutor’s office, they have discretion not to prosecute if they think that it’s a valid indication,” said Shaub. “Of course, Fauci can raise all of these defenses in the prosecution itself.”
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