Overview
- Dr. Anthony Fauci invoked his Fifth Amendment right more than 100 times when he testified under subpoena on July 29, 2026 before the Senate Homeland Security and Governmental Affairs Committee.
- The committee voted 8-5 on August 6, 2026 along party lines to recommend holding Fauci in contempt and sent its records directly to the Justice Department for possible prosecution.
- The Justice Department has confirmed receipt of the referral and is reviewing the materials but has not filed any federal charges against Fauci.
- Legal experts and Democrats say a key unresolved question is whether President Biden’s pre-departure pardon for federal acts through January 19, 2025 removes federal jeopardy enough to bar Fifth Amendment claims, while state investigations in several states remain unaffected by the federal pardon.
- The dispute follows the public release of roughly 1,000 pages of Fauci’s pandemic-era diaries and highlights a partisan oversight fight that could shape how witnesses respond to congressional subpoenas and whether prosecutors will pursue contempt cases.