Anthony Fauci, the former top U.S. infectious disease expert, could face criminal prosecution after refusing to answer more than 100 Senate questions about his handling of the COVID-19 pandemic. This development sets up a confrontation with Republican lawmakers that could test the limits of congressional power to compel testimony.

Contempt of Congress

U.S. law makes it a crime for anyone summoned to appear before Congress to refuse to hand over documents or answer questions. Congress does not have the authority to initiate criminal prosecutions on its own, so it instead refers potential cases to the Justice Department. A contempt referral must first be approved by a congressional committee and then by the full Senate or House of Representatives.

A referral for Fauci in this instance would likely need a 60-vote majority, which would require Democratic support in a closely divided 100-member Senate. The U.S. Attorney’s Office in Washington then reviews the referral and decides whether to seek a criminal indictment before a grand jury.

Prosecution and Defense

Prosecutors would have to prove that Fauci willfully declined to answer questions relevant to a Senate inquiry. Fauci will likely not be able to argue that his refusal was based on legal advice, as judges have barred similar defenses in the past. However, Fauci could argue that he cannot face contempt charges for exercising his right under the U.S. Constitution’s Fifth Amendment to refuse to answer questions that could expose him to criminal liability.

Then-President Joe Biden pardoned Fauci for any offenses he may have committed from 2014 until January 2025. This pardon does not cover any conduct that has happened since Biden left office, but it could complicate Fauci’s ability to rely on the Fifth Amendment defense.

Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.