Rand Paul Pushes Criminal Referral for Fauci Despite Recess

Senator Rand Paul of Kentucky announced he will bypass traditional procedures to fast-track a motion for contempt of Congress following Fauci’s refusal to answer questions about his pandemic response record, according to Josh Christenson writing in New York Post. The hearing on Wednesday saw Fauci plead the Fifth Amendment 111 times when pressed on critical issues surrounding his COVID-19 handling.

Paul, who chairs the Senate Homeland Security Committee, revealed his strategy during a Thursday appearance on Fox News. Rather than following the usual route of moving a contempt motion from committee through the full Senate floor, he indicated he would attempt to pass it directly out of committee before forwarding it with supporting legal arguments to the Department of Justice.

This marks the fourth attempt by Paul to secure criminal prosecution of Fauci. He previously sought three criminal referrals: two during the Biden administration and one after President Trump took office. However, Wednesday’s hearing appears to have prompted the senator to pursue a more aggressive approach.

A contempt of Congress conviction carries penalties ranging from one to 12 months imprisonment and fines up to $100,000. The charge requires approval first by committee, then by the full chamber. However, if the Senate enters recess, Vice President JD Vance in his capacity as Senate president could certify the contempt citation. Majority Leader John Thune is expected to send the chamber into recess at the end of next week.

Legal experts have raised concerns about Fauci’s procedural approach during the hearing. David Schwartz, a criminal defence attorney based in New York, told the publication that delivering an opening statement before invoking Fifth Amendment protections constitutes contempt. He noted that defendants cannot testify through opening remarks and then refuse to answer questions.

Paul’s pursuit of Fauci centres on allegations dating back five years. The Kentucky senator maintains that Fauci, who formerly led the National Institute for Allergy and Infectious Diseases, made false statements to Congress in May 2021. Specifically, Paul contends Fauci lied when testifying that his agency never funded gain-of-function research at the Wuhan Institute of Virology.

The 85-year-old Fauci has consistently denied that experiments supported by American funding constituted gain-of-function research, despite assertions from other officials to the contrary. The Wuhan facility is located in the same city where the SARS-CoV-2 virus first emerged in late 2019.

Fauci’s legal representation has vigorously defended his testimony. Attorney David Schertler, who was removed from Wednesday’s hearing after attempting to speak on his client’s behalf, wrote to Paul last June that the National Institutes of Health did not fund gain-of-function research at the Wuhan facility according to expert definitions following a thorough review process.

During the recent hearing, Paul expanded his accusations beyond the gain-of-function dispute. He alleged that Fauci and an assistant deleted federal records in an effort to obscure details about COVID-19 origins. The senator also argued that Fauci should face contempt charges for refusing to testify despite receiving a comprehensive pardon from former President Joe Biden that would have protected him from prosecution for any crimes he might have confessed to during testimony.

Before invoking his Fifth Amendment rights, Fauci delivered opening remarks criticising Paul’s pursuit of criminal charges. He condemned what he characterised as the senator’s fixation on prosecution and the committee’s release of his unredacted personal diary, which he said was intended to embarrass and intimidate him.

Senator James Lankford of Oklahoma, who serves on the Homeland Security panel, drew parallels to a previous case involving IRS official Lois Lerner. He recalled that when he served in the House, Republicans held Lerner in contempt after she gave an opening statement before pleading the Fifth Amendment, with the committee determining that witnesses cannot do both.

Nearly every Democrat on the Homeland Security Committee criticised Paul’s efforts to compel Fauci’s testimony. The partisan divide suggests potential challenges for any contempt motion that reaches the full Senate floor, though Paul believes passage through committee remains achievable.

With information from New York Post