Sen. Rand Paul said Wednesday that a proposed contempt resolution targeting former National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci could move directly to the Department of Justice if it is approved by the Senate Homeland Security and Governmental Affairs Committee, potentially bypassing a vote of the full Senate.
Paul made the comments during an interview with Fox News following a contentious committee hearing in which Fauci repeatedly invoked his Fifth Amendment right against self-incrimination while responding to lawmakers’ questions about the federal government’s response to the COVID-19 pandemic.
Asked what happens next, Paul argued that the committee has a path to refer the matter directly to federal prosecutors.
“It’s actually a law. It’s a resolution,” Paul said. “So it’s a resolution saying that he should be considered for charges for contempt of Congress. I think if that resolution passes our committee, which it will, that it could simply be referred directly to the Department of Justice.”
Paul went on to explain why he believes the process differs from traditional legislation.
“Since it’s not really a law, it doesn’t have an exact procedure,” he said. “It doesn’t have a procedure where it goes to the president for signature. It doesn’t have to go to the House.”
The Kentucky Republican also revealed that this is not the first time he has urged federal prosecutors to investigate Fauci. According to Paul, he previously submitted criminal referrals alleging that Fauci destroyed government records and made false statements to Congress.
“I myself have individually referred him in the past for prosecution,” Paul said. “I sent two letters saying that he destroyed records and he lied to Congress, both felonies.”
Paul added that those referrals were initially sent to the Biden administration’s Department of Justice but did not result in any action. He also said he has since submitted similar information to the Trump administration’s Justice Department.
“I’ve also sent it to the Trump DOJ twice,” Paul said. “I’ve sent information and evidence saying it did so. So I think there’s a possibility that we don’t go to the whole Senate floor, but that the committee passes it and we go directly to the Department of Justice.”
The remarks followed a high-profile hearing in which Fauci appeared under subpoena before the Senate Homeland Security and Governmental Affairs Committee. The hearing focused on the government’s pandemic response, COVID-19 policies, and questions surrounding coronavirus research funding.
Before questioning began, Fauci delivered an opening statement criticizing what he described as an effort to build a criminal case against him rather than conduct legitimate congressional oversight. Acting on the advice of his legal team, he repeatedly invoked the Fifth Amendment and declined to answer most substantive questions posed by Republican senators.
According to committee members, Fauci invoked the constitutional protection more than 100 times during the hearing. Republican lawmakers questioned him about pandemic lockdowns, vaccine guidance, National Institutes of Health funding, and previous congressional testimony, but received few direct answers.
Paul argued that Fauci’s refusal to respond left important questions unresolved and announced that the committee intends to vote next week on a resolution seeking to hold the former public health official in contempt of Congress.
The hearing also featured a tense exchange when Paul ordered one of Fauci’s attorneys removed after the attorney attempted to speak without first being recognized by the committee chair.
Democratic senators defended Fauci throughout the proceedings, maintaining that he had every right to invoke the Fifth Amendment given repeated public calls for criminal prosecution. They argued that the hearing was politically motivated and contended Republicans had already reached conclusions before testimony began.
The hearing came shortly after Paul released more than 1,100 pages of Fauci’s pandemic-era diaries, documents the senator says raise additional questions about decisions made during the COVID-19 crisis. Fauci has rejected those allegations, stating that his diary entries are consistent with his public statements and denying that he engaged in wrongdoing.
If the committee approves the contempt resolution as Paul expects, attention will turn to whether lawmakers pursue the direct referral process he outlined, potentially placing the matter before the Department of Justice for consideration.
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