The text of the resolution to hold Anthony Fauci in contempt of Congress has been released, laying out the timeline of the former National Institute of Allergy and Infectious Diseases (NIAID) chief refusing to answer pertinent questions to a Senate committee despite what many Republicans have dubbed his “autopen” pardon from former President Joe Biden.
“Authorizing the President of the Senate to certify the report of the Committee on Homeland Security and Governmental Affairs of the Senate regarding the refusal of Dr. Anthony S. Fauci to answer questions pertinent to the subject under inquiry before the Committee as required by Committee subpoena,” the beginning of the resolution reads, walking through the sequence of events leading to the resolution, as Fauci refused to answer any panel questions last week. Rather, he plead the Fifth over 100 times, even refusing to answer a question acknowledging a folder sitting in front of him.
The resolution notes that Fauci was “instructed that he was ‘to provide testimony concerning matters under consideration by the Committee, including the origins of COVID–19, risky life sciences research, and your tenure as a Federal government employee.’”
Yet, he refused to do that despite the existence of his Biden “autopen” pardon.
The resolution explains that Fauci:
…was knowingly provided ‘A Full and Unconditional Pardon’ dated January 19, 2025, ‘For any offenses against the United States which he may have committed or taken part in during the period from January 1, 2014, through the date of this pardon arising from or in any manner related to his service as Director of the National Institute of Allergy and Infectious Diseases, as a member of the White House Coronavirus Task Force or the White House COVID–19 Response Team, or as Chief Medical Advisor to the President.’
Sen. Paul, chairman of the committee, “found the privilege of the Fifth Amendment unsupported as applied to questions pertaining to the period of the pardon and directed Dr. Fauci to answer,” but Fauci refused to do so. Still, “Paul, having overruled the privilege of the Fifth Amendment asserted by Dr. Fauci, directed the witness to answer the questions put to him by the Committee in order to provide testimony on matters under consideration by the Committee, and warned Dr. Fauci that he may be held in contempt of Congress.”
But Fauci still refused to answer any questions.
The resolution reads:
Resolved, That pursuant to sections 102 and 104 of the Revised Statutes (2 U.S.C. 192, 194), the President of the Senate shall certify the report of the Committee on Homeland Security and Governmental Affairs of the Senate, detailing the refusal of Dr. Anthony S. Fauci to answer questions pertinent to the subject under inquiry, to the United States Attorney for the District of Colum8 bia, to the end that Dr. Fauci be proceeded against in the manner and form provided by law.
Read the full text here.
The committee vote will be held Thursday.
Sen. Bernie Moreno (R-OH) is among those who pointed to the absurdity of Fauci refusing to answer questions during the committee hearing.
“I’m going to give the Constitution to my aide. He’ll bring it over to you so you can have it for future reference. I think it’s something that every American should know what the Constitution says. Do you know who wrote the Fifth Amendment?” Moreno asked, as Fauci refused to answer.
“So you’re invoking a right that you don’t know who wrote it or what it says. Is that correct?” Moreno asked.
Once again, Fauci refused to answer.
Sen. Josh Hawley (R-MO) also torched Fauci, explaining that he did not have rights under the Fifth Amendment due to the pardon.
“Let’s just get one thing straight: You don’t have any rights under the Fifth Amendment because you’ve been pardoned, as you very well know, as the Supreme Court has been clear for a century and more,” Hawley said. “Brown vs. Walker, 1896. When he has been pardoned, he may not stand upon his privilege. You know that your lawyer is sitting behind you now shifting nervously in their chairs, they know it.”
“This isn’t about the Constitution. This isn’t about the law. This is about contempt — contempt for this body and contempt for the American people,” Hawley said, concluding Fauci refused to answer questions, because the former chief did terrible things during the pandemic.
“It’s because during the pandemic you got rich, didn’t you? You got rich while people were dying — hundreds of thousands of Americans, over a million in the end — and you were getting rich. And not only were you doing that, you were using federal employees with taxpayer money to apply for and solicit cash prizes for you personally, cash prizes totaling over a million dollars. You did all of that during the pandemic, didn’t you? That’s a question,” Hawley said, as Fauci refused to answer.
“You breached public trust, and now you’re hiding behind a fraudulent pardon,” Sen. Rick Scott (R-FL) said during the event as well, informing Fauci that his legacy would be not “as a man who has saved America from COVID, but as a man who destroyed the public trust in America’s public health institutions in exchange for five minutes of fame.”
