Exclusive | Republican Efforts to Prosecute Fauci for Contempt Are Hitting a Wall

A Republican push to prosecute Dr. Anthony Fauci for contempt of Congress has stalled as the Trump administration questions whether the legal approach supports an indictment by the Justice Department.

Three weeks after a GOP-led Senate committee voted to hold Fauci in contempt of Congress, some administration officials are skeptical that the current approach is procedurally sound enough to indict him for failing to answer questions before lawmakers, according to people familiar with the matter.

The Aug. 6 contempt vote was brought by Sen. Rand Paul (R., Ky.), a longtime Fauci critic. He sought to bypass the Senate’s customary full-floor vote by having Vice President JD Vance certify the resolution, allowing him to refer it directly to the Justice Department for possible prosecution.

Paul, who has said Fauci should go to prison, pushed a contempt vote against the 85-year-old former public health official after he declined to answer questions before Paul’s committee over his handling of the Covid-19 pandemic. The contempt resolution, which passed on a party-line vote, would traditionally be considered by the full Senate. Given his resolution would almost certainly fail to meet a 60-vote threshold to pass, Paul’s measure called on Vance to certify it in his capacity as Senate president.

But as of early Tuesday, people familiar with the matter said that Vance’s office had yet to receive a document to certify. Paul’s office sent the report to the vice president late Tuesday, according to people familiar with the process, following repeated inquiries from The Wall Street Journal about its status. The Justice Department, which received a letter from Paul the day of the vote laying out the committee’s case against Fauci, has yet to receive a formal referral, a person familiar with the matter said. And President Trump hasn’t determined whether he wants the Justice Department to act on the referral, according to people familiar with the discussions, who say the issue hasn’t been a high priority for the president.

Paul’s move put the White House in a tough situation. While Trump has criticized Fauci, certifying the document could force the White House to defend it in court, where some administration officials say it might not survive a motion to dismiss without a full Senate vote.

While Trump initially signaled he was open to charges against Fauci, he said earlier this month that he hadn’t directly raised the matter with Attorney General Todd Blanche or U.S. Attorney Jeanine Pirro. The lack of a directive from the president marks a departure from his approach to other adversaries, whose prosecutions he has openly pushed the Justice Department to pursue.

Through a spokeswoman, Vance expressed support for holding Fauci accountable but stopped short of saying if he would certify the referral. “Dr. Fauci caused incalculable harm to the American people,” Taylor Van Kirk, a spokeswoman for Vance, said in a statement. “The Vice President applauds Senator Paul’s efforts to hold Fauci accountable and supports any valid paths to achieving justice.”

A spokesman for Paul said the referral was with the vice president’s office but declined to comment further. The White House declined to comment beyond Vance’s statement. A representative for Fauci also declined to comment.

A conviction for contempt of Congress can carry a fine of up to $100,000 and a prison sentence of up to one year.

Earlier this month, Trump compared Fauci’s case with those of former advisers Steve Bannon and Peter Navarro, who were indicted and convicted on contempt charges during the Biden administration for defying subpoenas by the committee investigating the Jan. 6, 2021, riot at the U.S. Capitol. But in those cases, the House of Representatives voted to hold them in contempt before referring the matters to the Justice Department.

Stanley Brand, who represented Bannon and Navarro in their contempt proceedings and served as the House’s chief legal counsel under Speaker Tip O’Neill, said Paul’s contempt referral would be vulnerable to dismissal, even if the Justice Department decided to charge Fauci.

“There’s just a bevy of cases that say you can’t just go around the Senate rules or the House rules when you put somebody in contempt,” Brand said. “That referral is null and void.”

Brand added that the Justice Department would also have to determine whether Fauci’s refusal to answer questions after invoking the Fifth Amendment gives prosecutors enough grounds to bring a contempt charge, an issue that could further weaken the case.

Fauci, whose attorneys deny any wrongdoing, was pre-emptively pardoned by President Joe Biden amid concerns that Republicans would pressure the Trump administration to prosecute him. Fauci’s pardon covered any federal offenses related to his government role committed between January 2014 and Jan. 19, 2025. During his testimony last month, Fauci suggested Paul’s hearing was designed to be a perjury trap and pleaded the Fifth Amendment more than 100 times.

Last month, Trump acknowledged Fauci’s pardon as “a very powerful thing” and said he respects it.

Trump shared a positive rapport with Fauci during the early days of the pandemic in his first term. But the relationship soured as Trump’s public statements conflicted with guidance from Fauci and other government scientists. Trump nonetheless gave Fauci a presidential commendation before leaving office in 2021—a move he has since distanced himself from.

Amid the renewed scrutiny over Fauci’s role in the pandemic, Trump said Fauci “made a lot of mistakes” during Covid but has stopped short of explicitly saying that he should be prosecuted.

Paul and Sen. Ron Johnson (R., Wis.), whose committee is also investigating Fauci, have been working in tandem on reviewing communications from Fauci’s old government iPhone. Paul also released a tranche of Fauci’s Covid-era diaries that showed him fixated on media appearances and his public image during the pandemic. Records of the doctor’s phone and journals were transferred to the senators by the Department of Health and Human Services.

Paul and Johnson have alleged that Fauci misled the public about the origins of Covid-19 and accused him of profiting off pandemic-era policies.

A handful of Republican-led states have announced their own investigations into Fauci, arguing that his pardon only offers protection at the federal level. Democrats have criticized the efforts as politically motivated.