Anthony Fauci Was Just Held in “Contempt of Congress”—Here’s What That Means and What Could Happen to Him
This past week, Dr. Anthony Fauci, the scientist and immunologist who has helped every president since Ronald Reagan manage public health crises, from HIV to COVID-19, testified before the Senate Homeland Security and Governmental Affairs Committee. Or, he sort of did.
Dr. Fauci, who was called before the committee to talk about the alleged origins of the novel coronavirus that caused millions of deaths around the world starting in 2020, finished the day without answering any questions and has since been cited for contempt of Congress. Yes, really.
How did we get here? And what happens next? I follow politics like a religion, watch legal dramas like they’re going out of style and have one (admittedly rather inauspicious) year of law school under my belt, and even I am scratching my head at this confounding turn of events. What is contempt of Congress? Could Dr. Fauci go to jail?
Ahead, I dig into the latest news and historical precedents behind this very busy week on Capitol Hill. Read on to learn exactly what’s going on with Dr. Fauci and what might be coming next.
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Why was Dr. Fauci charged with contempt of Congress after his testimony?
He refused to answer questions posed to him by the committee. Instead, Dr. Fauci invoked his Fifth Amendment right to avoid self-incrimination. You may have heard this expressed as “taking the Fifth” or “pleading the Fifth,” and the action is a protected right under the U.S. Constitution.
But even though the right is protected, and many people have invoked this right over the years, Dr. Fauci’s situation is a little unique. On Jan. 19, 2025, he was given a full and unconditional pardon by President Biden for actions taken in multiple advisory roles between Jan. 1, 2014, and the date of the pardon.
Republicans on the committee, including chairman Sen. Rand Paul, argue that because Dr. Fauci is already immune from prosecution, he should be required to answer the committee’s questions. Legal experts point out that the pardon would not cover anything after January 2025, including statements made to the committee, and it would not extend to any state charges (several states have already issued subpoenas to Dr. Fauci).
“Fauci is under no obligation to answer questions even though he has a pardon,” Michael Gerhardt, a University of North Carolina law professor, told AP News. Sen. Paul has said publicly that he wants to see Dr. Fauci “behind bars,” so it appears that the doctor’s lawyers advised him to err on the side of caution.
What does being in contempt of Congress mean, exactly?
Contempt of Congress is a broad term for disobeying or disrespecting the legal authority of the U.S. legislative branch. People can be held in contempt for a number of things, from bribing committee members to disrupting the proceedings of Congress. But most of the time, people are held in contempt for refusing to comply with congressional subpoenas.
Contempt of Congress is similar to contempt of court, a threat you’ve no doubt heard judges wield on countless episodes of Law and Order. The difference comes down to who enforces the contempt citation. In a regular court proceeding, the judge can mete out swift justice by issuing a fine or even holding someone in jail until they comply.
For congressional contempt, the process is a little different, which we’ll explore next.
After being charged with this, what happens?
Because the legislative branch does not have law enforcement powers under our Constitution, once someone is held in contempt of Congress, it’s up to the Department of Justice (DOJ) to take the case to a grand jury and eventually a trial for adjudication. But a few things have to happen first.
Usually, after a committee recommends a contempt citation, it goes to the full chamber for a vote. In the Senate, the resolution must get 60 votes to pass—a threshold that will not be met under the current makeup of the Senate. So Sen. Paul is bypassing the full vote and sending it directly to the DOJ, a move that legal experts say might complicate getting a conviction at trial.
Stanley Brand, a lawyer who represented Peter Navarro, a former Trump administration official who was jailed for contempt of Congress in 2024, told the Washington Post that skipping the full Senate will be “fatal” to the case. Amanda Vaughn, who prosecuted Navarro, was more equivocal: “But there’s not a lot of case law on it, as to whether bypassing the full Senate would be okay.”
What can happen to you if you’re found in contempt of Congress?
Penalties for criminal contempt of Congress include a fine of up to $100,000 and between one and 12 months in jail. But it’s unlikely that Dr. Fauci will face these penalties, not in small part because of the politically charged nature of such a move.
Barbara McQuade was a U.S. attorney for the Eastern District of Michigan from 2010 to 2017. When asked by Wired whether it’s likely that Dr. Fauci will go to jail, she said: “The answer is no.”
Has anyone ever been found in contempt of Congress?
Yes, many times. Here are the highlights from history and more recent proceedings.
- Robert Randal: In 1796, Randal was held in contempt of Congress and subsequently jailed for attempting to bribe members over a land deal.
- William Duane: A newspaper editor, Duane was charged with publishing libelous material in 1800, but he was held in contempt over his failure to appear before the Senate, not for the material itself.
- John Anderson: This case, in 1821, upheld Congress’s implied powers to hold people in contempt but limited its ability to punish them.
- Dalton Trumbo: In 1947, Trumbo, the celebrated screenwriter of Roman Holiday and Spartacus, refused to testify before the House Un-American Activities Committee (HUAC) and was convicted, jailed and blacklisted.
- Ring Lardner Jr.: Another victim of the HUAC era, Lardner, who won an Oscar for his 1970 screenplay for M*A*S*H*, was jailed for a year and had to write under a pseudonym for a time.
- Eric Holder: The former Obama attorney general refused to give Congress documents about the so-called Fast and Furious scandal in 2012. He was held in contempt, but the DOJ did not prosecute.
- Steve Bannon: The former adviser to President Trump was held in contempt and jailed for four months in 2024 following his refusal to testify and turn over documents related to the Jan. 6, 2021, attack on the U.S. Capitol.
In 1974, Congress was poised to hold President Richard Nixon in contempt for refusing to testify over the Watergate scandal, but he resigned instead.
When will things start rolling with Fauci’s case?
For now, we wait and see. Sen. Paul has sent the criminal contempt referral directly to the DOJ, which will decide whether to prosecute. Todd Blanche was just confirmed as Attorney General on Aug. 6, 2026, and we do not yet know what he will do.
If the DOJ decides Dr. Fauci improperly invoked his Fifth Amendment right, the case will likely proceed to a grand jury and then on to a trial. Whether a jury will convict is another matter altogether.
Sources:
- PBS News: “Why was Fauci held in contempt for pleading the 5th, and what happens next?”
- AP News: “Senate committee votes to hold Fauci in contempt for refusing to answer COVID questions”
- Justice.gov: “Executive Grant of Clemency”
- Cornell Law: “Taking the Fifth”
- Find Law: “Contempt of Congress: Process and Penalties”
- CBS News: “Senate committee votes to hold Fauci in contempt of Congress, seeking to bypass floor vote with DOJ referral”
- Congress.gov: “Criminal Contempt of Congress: Frequently Asked Questions”
- Washington Post: “Why a prosecution of Anthony Fauci could face challenges in court”
- Wired: “Can Republicans Actually Send Anthony Fauci to Jail?”
- Congress.gov: “Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure”
- Levin Center: “Bannon Contempt of Congress Conviction”
- Politico: “Holder held in contempt”
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