EXPLAINER: Could COVID expert Fauci face charges for not answering over 100 questions in US Senate hearing?

Anthony Fauci could face possible criminal prosecution after refusing to answer more than 100 questions from U.S. senators about his handling of the COVID-19 pandemic, escalating a dispute with Republican lawmakers over Congress' authority to compel testimony.

Fauci, the former director of the National Institute of Allergy and Infectious Diseases and a leading figure in the U.S. pandemic response, appeared before the Senate Homeland Security and Governmental Affairs Committee this week. The committee's Republican chair, Senator Rand Paul of Kentucky, a longtime critic of Fauci, has said he plans to seek a vote to refer Fauci for contempt of Congress.

Fauci has criticized Paul's efforts, saying they are part of a campaign to damage his reputation and potentially put him in legal jeopardy.

The dispute centers on whether Fauci's refusal to answer questions could amount to contempt of Congress, a criminal offense under U.S. law.

What is contempt of Congress?

Under U.S. law, individuals who are legally summoned by Congress and refuse to provide documents or answer relevant questions may face criminal contempt charges.

Congress cannot directly prosecute individuals. Instead, it must approve a contempt referral and send it to the Department of Justice for review. A referral must first pass through a congressional committee before receiving approval from the full Senate or House of Representatives.

In Fauci's case, the referral would likely require a 60-vote majority in the Senate, meaning it would need support from some Democrats in the closely divided chamber.

The U.S. Attorney's Office in Washington would then determine whether to pursue charges and seek an indictment from a grand jury.

What would prosecutors need to prove?

Prosecutors would have to show that Fauci knowingly and intentionally refused to answer questions that were relevant to a Senate investigation.

Legal experts said Fauci may face challenges if he argues that he declined to respond based on legal advice. Courts previously rejected similar arguments from former Trump advisers Steve Bannon and Peter Navarro, who were charged after refusing to cooperate with a House investigation into the Jan. 6, 2021, attack on the U.S. Capitol.

Both Bannon and Navarro were convicted and served prison sentences.

What defenses could Fauci raise?

Legal experts said any criminal case against Fauci could face several legal challenges.

Even if the Senate approves a contempt referral and the Justice Department pursues charges, prosecutors would still need a grand jury to approve an indictment. In recent years, grand juries in Washington have declined to approve charges in some politically sensitive cases.

If Fauci were indicted, his lawyers could argue that he has the constitutional right under the Fifth Amendment to refuse to answer questions that could expose him to criminal liability.

Former President Joe Biden granted Fauci a pardon covering potential federal offenses committed between 2014 and January 2025. However, the pardon does not apply to any conduct after Biden left office.

The pardon could affect Fauci's ability to invoke the Fifth Amendment, but courts have not yet determined whether a person who has received a presidential pardon can refuse to answer congressional questions about conduct covered by that pardon.

That legal issue would likely need to be resolved before any potential trial could move forward. -Reporting by Andrew Goudsward. Additional reporting by Richard Cowan; Editing by Michael Learmonth and Howard Goller/Reuters