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12h ago

Fauci Declines Second Senate Appearance After Contempt Referral Sent to DOJ

The Justice Department is reviewing a party-line contempt referral that could determine whether prosecutors pursue charges.

Dr. Anthony Fauci appears before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington. (AP Photo/Allison Robbert)
WASHINGTON, DC - JULY 29: Committee Chairman Sen. Rand Paul (R-KY) delivers his opening statement as former NIH Director Anthony Fauci testifies before the Senate Homeland Security and Governmental Affairs Committee hearing on July 29, 2026 in Washington, DC. Fauci was expected to be questioned about his diary entries during his handling of the Covid-19 pandemic. (Photo by Kevin Dietsch/Getty Images)
WASHINGTON, DC - JULY 29: Committee Chairman Sen. Rand Paul (R-KY) delivers his opening statement as former NIH Director Anthony Fauci testifies before the Senate Homeland Security and Governmental Affairs Committee hearing on July 29, 2026 in Washington, DC. Fauci was expected to be questioned about his diary entries during his handling of the Covid-19 pandemic. (Photo by Anna Moneymaker/Getty Images)
WASHINGTON, DC - JULY 29: Former NIH Director Anthony Fauci is sworn in before testifying to Senate Homeland Security and Governmental Affairs Committee hearing on July 29, 2026 in Washington, DC. Fauci was expected to be questioned about his diary entries during his handling of the Covid-19 pandemic. (Photo by Anna Moneymaker/Getty Images)

Overview

  • On July 29, 2026, Dr. Anthony Fauci invoked the Fifth Amendment more than 100 times when subpoenaed by the Senate Homeland Security and Governmental Affairs Committee and declined to answer substantive questions about the pandemic response.
  • The committee voted 8-5 on August 6 to recommend holding Fauci in contempt of Congress and Chairman Rand Paul sent those materials directly to the U.S. Department of Justice for potential prosecution.
  • The Justice Department has confirmed receipt of the referral and is reviewing the record but has not filed charges and may decline to prosecute for reasons including legal doubt or prosecutorial discretion.
  • Fauci refused a voluntary request to appear before Sen. Ron Johnson’s Permanent Subcommittee on Investigations, with his attorneys saying a compelled appearance would amount to harassment after the July hearing.
  • Legal experts note that President Biden’s preemptive pardon can undercut a Fifth Amendment claim for federal offenses but does not block state prosecutions, and several state attorneys general continue separate inquiries that leave the core legal question unresolved and likely to be litigated.