United States

Covid: Congress accuses Fauci of contempt; he faces a criminal investigation

The doctor had managed the pandemic and the lockdowns in opposition to Trump: before the Senate Committee, he invoked the Fifth Amendment more than 100 times

Anthony Fauci, 85 anni, uno dei maggiori esperti mondiali di malattie infettive, durante l’audizione alla Commissione del Senato APN

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Anthony Fauci is guilty of contempt of Congress and will, in all likelihood, face a criminal investigation into how the US response to the Covid-19 pandemic was handled. This decision was taken by Republican senators on the Senate Committee on Homeland Security and Governmental Affairs, as part of a sort of vendetta against Fauci, one of the world’s leading experts on infectious diseases, who, as a member of the government’s task force, managed the pandemic whilst clashing with Donald Trump and repeatedly contradicting the president, who was then in his first term.

The committee’s vote comes after Fauci, aged 85, invoked the Fifth Amendment more than 100 times during a hearing last week, refusing to answer questions for fear that his statements might be used by Republicans to bring charges against him.

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The committee chair, Senator Rand Paul, who has long sought to hold Fauci responsible for the shortcomings in the response to the pandemic, warned that ‘there will be consequences for his refusal to testify’. Yesterday’s vote is, in fact, set to trigger a process that would lead the Department of Justice to consider whether to indict Fauci.

Later that evening, Paul announced that the Commission’s request to recommend that Fauci be charged with contempt of Congress had been delivered by hand today to the Attorney General and the US District Court. “This is a procedure that falls outside the normal legislative process, so it does not have to go before the House, it does not have to be signed by the President and, in fact, it does not even have to be put before the Senate,” said Paul, who did not, however, rule out the possibility of holding a vote in the Senate at a later date.

There are few precedents in which a Senate plenary vote has been bypassed before asking the Department of Justice to bring charges of contempt of Congress. ‘There aren’t many precedents on this matter, but it isn’t a law, so there is no specific procedure to follow. It is a referral, a recommendation,” Paul added. This unusual move could, however, pave the way for subsequent legal challenges and could serve as evidence of the political motivations that drove the Trump administration to attack Fauci.

The matter will now be handled by Trump’s loyalists. Vice-President JD Vance will have to approve the Commission’s procedure, and it will then be up to the Department of Justice to formalise the charges, which will almost certainly mark the start of a lengthy legal battle.

Years on, the political row over the origins of Covid and the response to it – which tore the United States apart during the pandemic – shows no sign of abating. Paul persisted in asking Fauci whether the pandemic originated in a Chinese laboratory and whether the doctor himself had misled the public and Congress on this matter. Fauci has previously explained that there is no evidence to suggest China was responsible and, whilst not ruling out the possibility of the virus escaping from a laboratory, he has always maintained that the pandemic had a natural origin.

However, when appearing before the parliamentary committee, Fauci avoided answering questions so as not to incriminate himself: he declined to comment on his role, the origin of the virus, China’s responsibilities, or the restrictive measures he had ordered – which were almost always at odds with the White House. But Republican senators argued that, as Fauci had received a pre-emptive pardon from Joe Biden – who was elected president to succeed Trump at the end of 2020 – the immunologist was not entitled to invoke the Fifth Amendment. Democratic senators, on the other hand, argued that Fauci – who for forty years was the government’s leading expert on infectious diseases before becoming the symbol of lockdowns – had reason to fear testifying, given that Paul had repeatedly stated his intention to ‘send him to prison’.

Furthermore, the doctor’s lawyers have pointed out that the pardon granted by Biden covers acts committed from 2014 up to January 2025, when it was issued. However, it does not protect Fauci from any criminal proceedings at state level, nor from investigations into testimony he has actually given which legislators consider to be false.

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