Trump says he’s open to Fauci facing contempt of Congress charges
President Trump suggested he would support DOJ charges against Anthony Fauci for contempt of Congress.
WASHINGTON — President Donald Trump said he’s open to the the Justice Department bringing criminal charges against Dr. Anthony Fauci for contempt of Congress, comparing the former top health official’s situation to the legal scrutiny two of his top aides faced during the Biden presidency.
Trump, when asked Aug. 6 by a reporter whether the Justice Department should prosecute Fauci, pointed to the indictments his former aides Steve Bannon and Peter Navarro received for contempt of Congress after they defied subpoenas from the House committee that investigated the Capitol attack of Jan. 6, 2021. Both men were found guilty in court and served four-month prison sentences.
“Merrick Garland prosecuted two very decent people and sent them to jail,” Trump said, referring to the former attorney general appointed by President Joe Biden.
“So when you see that happen, you sort of say, maybe he should,” Trump said of Fauci. “What he did was far more serious than a lot of crimes, frankly, but they prosecuted two people when nothing like that has ever taken place before.”
The Republican-led Senate Homeland Security and Governmental Affairs Committee voted 8-7, along party lines, earlier in the day to hold Fauci in contempt of Congress for refusing to answer questions during a hearing last week.
Fauci, under scrutiny for his handling of the COVID-19 pandemic, invoked his Fifth Amendment right at last week’s hearing not to self-incriminate, but the committee’s chairman, Republican Sen. Rand Paul of Kentucky, argued that the privilege was “unsupported” because of a preemptive pardon Biden awarded Fauci.
Rather than sending the contempt resolution to the full Senate – the way Congress has conducted past contempt votes – Paul said he planned to “hand-carry” the committee’s criminal referral to the Justice Department.
Fauci’s pardon, which Biden issued on his final full day of office, gave Fauci blanket immunity for any potential criminal offense made between 2014 and 2025. Paul argued Fauci was obligated to answer the committee’s questions because he faced no legal repercussions.
Fauci’s supporters note that any testimony he gave to the committee in 2026 could have exposed him to accusations of perjury outside the time frame of Biden’s pardon. In addition, Biden’s pardon did not protect Fauci from potential state or local charges.
David Schertler, a lawyer for Fauci, said in a statement shared with USA TODAY that the committee’s contempt vote “is a crude political stunt intended to punish Dr. Fauci for exercising his constitutional rights.”
“It is shameful and wrong that Senator Paul is abusing his power by trying to weaponize the Justice Department against an honorable public servant,” Schertler said.
During Trump’s second White House term, the Justice Department has brought criminal charges against several of Trump’s perceived political enemies, including former FBI Director James Comey, former National Security Adviser John Bolton and New York Attorney General Letitia James.
Republicans have accused Fauci of misleading Americans about the the origins of the COVID-19 virus in 2020 and other matters related to the pandemic. Fauci served as director of the National Institute of Allergy and Infectious Diseases under both Trump and Biden, leading their respective administration’s responses to the pandemic.
Democratic Sen. Gary Peters of Michigan objected to Paul’s refusal to send Fauci’s contempt resolution to the full Senate before referring criminal charges to the Justice Department, arguing that Paul boke Senate rules and its long-standing practice. “The Senate as a body, not an individual member, must make that decision,” Peter said.
But Paul, speaking to reporters, argued that the committee can make the referral without the Senate because the action falls “outside the ordinary bill making process.”
“I’ve made the decision that I don’t want to waste time over waiting a month and a half,” Paul told reporters.
Reach Joey Garrison on X @joeygarrison.