Paul says Fauci will face ‘repercussions’ for taking the Fifth. That could get complicated.
The Kentucky senator called for a vote next week on contempt of Congress. President Joe Biden last year granted his former top health official a preemptive pardon.
By SIMON J. LEVIEN, JOSH GERSTEIN and KYLE CHENEY
07/29/2026, 11:19AM ETUPDATED: 07/29/2026, 11:29AM ET
Rand Paul says Anthony Fauci can expect consequences for the former Covid czar’s decision to exercise his Fifth Amendment rights against self-incrimination to avoid testifying before Paul’s Senate committee on Wednesday.
“It’s against the law to obstruct an investigation of Congress. There will be repercussions for your refusal to testify,” Paul told Fauci, the longtime top government health official who led the pandemic response.Paul scheduled a vote of his Homeland Security and Governmental Affairs Committee on Aug. 5 on a resolution declaring Fauci in contempt of Congress.
The Fifth Amendment, which gives people the constitutional right to avoid making statements that they believe could incriminate them, usually precludes consequences for rebuffing questions at congressional hearings.
But Fauci is in an unusual position: President Joe Biden pardoned him for all of his official conduct from 2014 to 2025,meaning Fauci cannot be subject to federal criminal prosecutions for many of the pandemic-related decisions and actions Paul sought to grill him about.
Republicans contend it means he cannot claim fear of prosecution for questions about the time the pardon covers.However, Fauci could theoretically face state or local prosecution, as well as federal prosecution for making any false statements to the panel. And Fauci said he was convinced Paul’s goal was to trip him up and trigger a perjury allegation.
Complicating the equation further is Congress’ power to hold recalcitrant witnesses in contempt. The Senate could seek civil contempt sanctions against Fauci,pursuing a court order requiring him to testify and exposing him to fines or incarceration for refusing. In theory, the Senate could have its sergeant-at-arms arrest and detain Fauci, but this “inherent contempt” power hasn’t been used for nearly a century.
The Senate could also pursue criminal contempt, voting to turn the matter over to the Justice Departmentfor potential prosecution. Two former Trump aides — Peter Navarro and Steve Bannon — were convicted of contempt misdemeanors for refusing to testify to the Jan. 6 committee. Unlike Fauci, they refused to appear for their depositions and cited executive privilege rather than the Fifth Amendment. Each served four months in prison.
After Paul said Fauci would face consequences, David Schertler, Fauci’s lawyer, sought to speak, arguing the Constitution should shield his client. Paul had security remove Schertler from the hearing room.
“It was outrageous for Sen. Paul to exclude his counsel for counsel making a legitimate legal point,” Schertler said in a statement. “It proves the baseless and vindictive nature of this proceeding and Rand Paul’s personal vendetta against Dr. Fauci.”
A key risk Fauci, 85, faces is that if a court rejects his Fifth Amendment claim, he may have no sanctuary in arguing he was relying on his attorneys’ advice in declining to answer the committee’s questions. The D.C. Circuit Court of Appeals ruled in 1961 that the so-called advice-of-counsel defense isn’t available to those charged with willfully defying Congress.
In recent rulings, some judges have expressed skepticism about the rationale of that decision but the appeals court has thus far refused to revisit it.
After Paul at his committee hearing accused Fauci of covering up Covid’s origins — Paul believes the disease emerged from a Chinese lab that had received U.S. research funding — and of unnecessarily closing schools and churches, Fauci repeatedly refused to answer questions.
“On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution,” he said.
Fauci said in his opening statement he thought Paul aimed to entrap him, citing his “obvious obsession with calling for my prosecution, his repeated slanderous comments about me, and recently his publicly releasing my unredacted personal diary aimed at embarrassing and intimidating me.”
Paul said he would explore “appropriate actions” to pursue Fauci further.
Dozens of witnesses in recent high-profile congressional probes have pleaded the Fifth to avoid testifying, from Joe Biden’s physician to a slew of witnesses called by the House’s Jan. 6 select committee. Those assertions effectively doomed that committee’s bid to compel their testimony — since litigation would likely have taken months or years to resolve.
https://www.politico.com/live-updates/2026/07/29/congress/rand-paul-fauci-biden-pardon-fifth-amendment-01015150