Senator Rand Paul is no longer merely threatening consequences for Dr. Anthony Fauci.

After Fauci spent Wednesday morning invoking the Fifth Amendment again and again, Paul announced that the Senate Homeland Security and Governmental Affairs Committee will vote next week on a resolution certifying Fauci for contempt of Congress.

That is the first formal step toward a potential criminal referral — and a conviction under the federal contempt statute can carry as much as one year behind bars.

Watch the moment Paul put Fauci on notice:

Paul told Fauci that his Fifth Amendment objection was unsupported because the senator’s question was limited to conduct covered by former President Joe Biden’s preemptive pardon.

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Fauci invoked the Fifth anyway.

Paul then announced that the committee had scheduled a vote for next week on a resolution certifying Fauci’s contempt.

The Senate Homeland Security and Governmental Affairs Committee lists Wednesday’s proceeding as a full committee hearing titled “Testimony of Anthony Fauci.” The official page identifies Fauci as the sole witness on the panel and confirms that the hearing took place in the Dirksen Senate Office Building.

Fauci appeared under subpoena. Instead of answering questions about the origins of COVID-19, federally funded virus research, and his actions during the pandemic, he repeatedly claimed the constitutional protection against self-incrimination.

The confrontation reached its breaking point when Paul directed Fauci to answer a question tied specifically to the period covered by the Biden pardon. Fauci refused, and Paul moved toward contempt.

Fox News reported that Fauci invoked the Fifth 111 times during the hearing:

Axios reported that Fauci said Paul was trying to place him in legal jeopardy and accused the senator of having an “unhinged obsession” with prosecuting him. Paul rejected Fauci’s privilege claim for pardoned conduct and warned that there would be repercussions for his refusal to testify.

Paul questioned Fauci about research the senator says the federal government funded in China, along with gain-of-function work Paul says occurred at Fort Detrick in Maryland. Fauci has disputed Paul’s claims about the research and denied misleading Congress.

Democrats on the committee defended Fauci and attacked the hearing’s premise. Senator Richard Blumenthal called it part of a “campaign against science,” while Paul pressed forward with the promised contempt vote.

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The central legal dispute is now clear: Fauci maintains that answering Paul’s questions could expose him to prosecution, while Paul argues that Biden’s pardon removed that danger for the conduct it covers.

That dispute may eventually land in court. But Paul is not waiting for a judge before forcing the Senate committee to put its position on the record.

The Office of the Law Revision Counsel publishes the controlling federal contempt statute, section 192 of Title 2. The law applies to a witness summoned by either chamber of Congress, a joint committee, or a committee of either chamber.

A person who willfully fails to appear can fall under the statute. So can a witness who appears but refuses to answer a question pertinent to the matter Congress is investigating.

The offense is a misdemeanor, and the statute provides for imprisonment of at least one month and no more than twelve months. That means the one-year figure in the headline is the statutory maximum after prosecution and conviction, not an automatic sentence triggered by the committee vote.

The text also lists a monetary fine. Later federal sentencing law allows a higher maximum fine for a Class A misdemeanor.

The nonpartisan Congressional Research Service explains that statutory contempt covers failure to obey a congressional subpoena or refusal to answer questions at a congressional hearing. CRS says the offense is punishable by up to one year in prison and a fine of up to $100,000.

To be clear, Fauci has not been convicted — or even charged — with contempt of Congress. The committee vote Paul announced is the next step in a process that could lead to a Senate contempt resolution and a referral for prosecution.

But the stakes changed dramatically Wednesday.

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Fauci came to the Senate under subpoena and refused to answer. Now Paul is preparing to make every member of the committee vote on whether that refusal crosses the line into criminal contempt.

This is a Guest Post from our friends over at WLTReport. View the original article here.

 

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