Overview
- The Senate Homeland Security and Governmental Affairs Committee voted along party lines to hold Dr. Anthony Fauci in contempt and approved a referral for possible prosecution after his July testimony.
- Fauci invoked his Fifth Amendment right more than 100 times at the July 29 hearing, saying he feared being trapped into new criminal exposure outside the scope of the pardon.
- President Biden granted Fauci a broad federal pardon in January 2025 that covers conduct through that date but does not bar state prosecutions or shield new statements made after the pardon.
- Investigators reported new evidence this week, including the release of Fauci’s pandemic diary and a backup copy of his government phone from HHS, which Republicans say will inform the referrals from the committee.
- Republicans plan to send the referral directly to prosecutors, but the Justice Department has wide discretion and past contempt referrals rarely produce indictments, while several state attorneys general continue separate probes.