Attorney General Todd Blanche confirmed that the Department of Justice is actively reviewing a new criminal referral involving Dr. Anthony Fauci. Speaking during a Wednesday press conference, Blanche said the DOJ received the referral from the Senate and is now “looking at it.” He stopped short of announcing that the department had opened a formal criminal investigation or decided to bring charges against Fauci.
Blanche made the comments during his first press conference since being sworn in as attorney general. A reporter asked him about the status of the contempt referral sent to the DOJ following Fauci’s recent appearance before the Senate Homeland Security and Governmental Affairs Committee. The referral places the decision over whether to investigate or prosecute the former government health official in the hands of Blanche’s department.
“From the committee, and we’re handling that case like every American should expect, which is we’re looking at it, and we’re going to do everything we can,” Blanche said. “If it needs an investigation and it should be investigated, we will absolutely do that.” The attorney general declined to reveal whether prosecutors had reached any conclusions about the allegations contained in the referral.
The Senate Homeland Security and Governmental Affairs Committee voted on August 6th to advance Chairman Rand Paul’s resolution holding Fauci in contempt of Congress. The measure passed by an 8-5 party-line vote, with committee Republicans supporting the resolution. Paul accused Fauci of refusing to answer questions he was required to address under a congressional subpoena.
“More than a million Americans died from COVID-19. Many of them died alone,” Paul said following the vote. He also pointed to businesses that never reopened, children who lost time in school, and workers who faced COVID-era mandates. “Nothing we do today can undo those losses. But silence does not honor them either. The American people deserve answers,” the Kentucky Republican added.
The committee’s contempt resolution states that Fauci was subpoenaed to testify on July 29th about the origins of COVID-19, risky gain-of-function research, and his record as a federal employee. Fauci appeared before the committee and delivered an opening statement before invoking his Fifth Amendment right against self-incrimination in all of his subsequent responses to senators’ questions. Paul overruled Fauci’s assertion of the privilege for questions concerning the period covered by former President Joe Biden’s pardon and warned him that continued refusal could lead to contempt proceedings.
Watch Blanche address Fauci’s criminal referral here:
"*" indicates required fields
https://www.facebook.com/reel/4110886605868277
Senator Josh Hawley also questioned Fauci during the July 29th hearing about cash prizes the former National Institute of Allergy and Infectious Diseases director received while serving in government. According to Hawley’s office, Fauci invoked the Fifth Amendment when asked about his staff’s alleged work on applications and nominations for those awards. Fauci repeatedly answered, “On the advice of counsel, I respectfully decline to answer based upon my rights under the Fifth Amendment to the Constitution.”
The dispute centers partly on Biden’s January 19th, 2025, pardon of Fauci. The pardon covered federal offenses Fauci may have committed between January 1st, 2014, and the date of the pardon arising from his work as NIAID director, a member of the White House Coronavirus Task Force or COVID-19 Response Team, or chief medical adviser to the president. Paul maintains that the pardon removed Fauci’s risk of federal prosecution for conduct during that period and therefore eliminated the basis for refusing to answer covered questions, while Fauci’s attorneys dispute that conclusion.
Blanche did not disclose whether prosecutors have opened a full criminal investigation. He said the department would evaluate the matter and pursue an investigation if its review determines one is warranted. “We can’t obviously comment—I know you’re not asking me to—on ongoing investigations, but yes, we did get the referral from the Senate,” Blanche concluded.
Featured image credit: screengrab from the embedded video.