A Republican-led Senate committee voted Thursday to advance a resolution to hold former White House chief medical adviser Dr. Anthony Fauci in contempt of Congress after he repeatedly invoked his Fifth Amendment right against self-incrimination during a contentious hearing last week.

The Senate Homeland Security and Governmental Affairs Committee approved the measure by a party-line vote after Chairman Sen. Rand Paul, R-Ky., argued Fauci unlawfully refused to answer lawmakers’ questions despite appearing under subpoena on July 29.

Paul can refer Fauci to the Justice Department for prosecution or request a full Senate vote on the measure.

Paul has argued that a pardon issued by former President Joe Biden covering Fauci’s federal conduct through early 2025 stripped him of the ability to invoke the Fifth Amendment.

The vote marks the latest chapter in a rivalry that has spanned the Covid-19 pandemic. Paul has repeatedly accused Fauci of misleading Congress about U.S.-funded virology research and the origins of the coronavirus, allegations Fauci has consistently denied. Their televised exchanges over pandemic restrictions, masks and gain-of-function research became some of the most heated exchanges of congressional oversight during the public health emergency.

Fauci’s attorney, David Schertler, called the vote “a crude political stunt intended to punish Dr. Fauci for exercising his constitutional rights,” in a statement Thursday. Schertler urged the Senate to reject the contempt resolution and called Paul out by name.

“Today’s resolution is a continuation of Senator Paul’s personal vendetta against Dr. Fauci, who spent 50 years in public health and has saved countless lives,” he said. “It is shameful and wrong that Senator Paul is abusing his power by trying to weaponize the Justice Department against an honorable public servant.”

The committee hearing last week quickly deteriorated after Fauci announced in his opening statement that he would invoke the Fifth Amendment and decline to answer questions. Fauci said Paul’s repeated calls for his prosecution, along with other actions targeting him, convinced him the hearing was intended to build a criminal case rather than gather facts.

During the hearing, Paul and some lawmakers sought to question Fauci about his handwritten pandemic diary entries, federal research funding and the government’s pandemic response. He ultimately refused to answer more than 100 questions from lawmakers.

Paul responded by warning Fauci there would be “repercussions” for refusing to testify and announced he would pursue contempt proceedings. The hearing grew even more chaotic when Schertler attempted to address the committee after Paul concluded questioning. Paul ruled the attorney out of order and directed Capitol Police to escort him from the hearing room.

Paul has said he intends to refer the contempt citation to the Justice Department, arguing that Congress cannot allow witnesses to ignore subpoenas. Fauci’s legal team has countered that he properly invoked his constitutional rights because he could still face legal jeopardy outside the scope of Biden’s pardon.

On Wednesday, Florida Attorney General James Uthmeir subpoenaed Fauci as part of an investigation into various awards he received and Covid-19 guidance that impacted state businesses and consumers. He later said Louisiana Attorney General Liz Murrill and West Virginia Attorney General John McCuskey have joined the Florida investigation.

Uthmeir pointed to Fauci’s diary entries in his announcement, saying they “focused more on self-promotion than the legitimate safety concerns from the mRNA vaccines.”

Any charges that arise from state investigations would not be covered by Fauci’s pardon from Biden.

This is a developing story. Please check back for updates.

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