Opinion

Fauci's contempt of Congress is challengeable, but not his contempt for the public

Fauci invoked his right to remain silent 111 times despite holding a sweeping presidential pardon from Joe Biden

By Jonathan Turley Fox News

Published August 7, 2026 5:00am EDT

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Fauci held in contempt by Senate panel as states launch probes

'Outnumbered' reacts to the Senate Homeland Security Committee voting to hold Dr. Anthony Fauci in contempt of Congress.

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"Today I am the most famous and talked-about person in the country." Those words from the diary of Dr. Anthony Fauci are certainly true as the U.S. Senate Committee on Homeland Security & Governmental Affairs moves forward with holding him in contempt for refusing to answer over a hundred questions about his past conduct and statements as the former head of the National Institute of Allergy and Infectious Diseases.

The contempt vote will start a process that is fraught with political and legal challenges. Even putting aside the objections to the direct referral from the Committee to the Justice Department (rather than submit the matter to a full Senate vote), there remain serious questions about whether Fauci can be held in contempt after invoking his right to remain silent under the Fifth Amendment. As I have previously stated, this area is rather murky and Fauci likely has the advantage in any litigation.

At the outset, it is important to note that Fauci always faced a risk of perjury in his prior appearances. Even if immunized, a witness can always be prosecuted for false statements. Fauci is in a much stronger position today than he was in prior hearings due to the sweeping pardon he received from former President Joe Biden. Yet, he suddenly decided to remain silent when his own words came back to contradict him.

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Now for the legal questions.

If a witness is immunized, they can be........

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