GOP Push to Prosecute Fauci Stalls Because Even Trump Admin Officials Doubt It’s ‘Procedurally Sound’: Report

 
Dr. Anthony Fauci appears before the Senate Homeland Security and Governmental Affairs Committee at the Capitol, Wednesday, July 29, 2026, in Washington. (AP Photo/Allison Robbert)

Allison Robbert/AP Photo

The push by congressional Republicans to prosecute Dr. Anthony Fauci has stalled as officials in President Donald Trump’s administration question whether it is “procedurally sound,” The Wall Street Journal reported Thursday.

Almost a month ago, Fauci, who served as the director of the National Institute of Allergy and Infectious Diseases (NIAID) for decades and under multiple presidents, faced questioning from combative Republicans at a hearing for the Senate Homeland Security Committee on his role during the Covid-19 pandemic.

During the hearing, Fauci repeatedly invoked his Fifth Amendment rights and declined to answer, which incensed several GOP senators. Numerous Republicans made false or misleading attacks against Fauci afterwards, including accusing him of being responsible for the deaths of “9 million people” and claiming that 82% of pregnant women who got the Covid-19 vaccine had miscarriages.

The Homeland Security Committee, which is chaired by Sen. Rand Paul (R-KY), voted to hold Fauci in contempt of Congress, but not much has happened since.

A report by the Journal Thursday sheds some light on the reasons why.

Paul’s committee bypassed having a full Senate vote on the issue, viewed by many as an acknowledgment it was virtually guaranteed to fall short of the 60 votes needed to pass. Instead, Paul had Vice President JD Vance certify the contempt resolution and refer it directly to the Department of Justice, where it would fall under the purview of Trump’s latest loyalist Attorney General nominee, Todd Blanche.

However, noted the Journal in its report, multiple people familiar with the internal discussions at the White House said Trump administration officials have been “skeptical” that this strategy “is procedurally sound enough to indict” Fauci.

According to the Journal’s sources, Paul’s office did not even send over the contempt report to the vice president until late Tuesday, and the DOJ still has not received a formal referral of the matter.

Meanwhile, Trump himself “hasn’t determined whether he wants the Justice Department to act on the referral, according to people familiar with the discussions, who say the issue hasn’t been a high priority for the president,” the Journal reported.

“Paul’s move put the White House in a tough situation,” the report added. “While Trump has criticized Fauci, certifying the document could force the White House to defend it in court, where some administration officials say it might not survive a motion to dismiss without a full Senate vote.”

Trump has said he “respect[s]” the pardon President Joe Biden granted to Fauci, calling it a “very powerful thing,” and while he has backed off his prior praise for the 85-year-old doctor and scientist and said he “made a lot of mistakes,” the president has not gone so far as to echo the comments by congressional Republicans calling for Fauci to be prosecuted.

If Republicans do manage to get the contempt resolution to move forward, a conviction could result in Fauci facing up to a year in prison and a fine of up to $100,000.

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Sarah Rumpf is an attorney and Contributing Editor focusing on politics, law, and the media. She joined Mediaite in 2020. A native Floridian, Sarah attended the University of Florida, graduating with a double major in Political Science and German, and earned her Juris Doctor, cum laude, from the UF College of Law. Sarah's writing has been featured at National Review, The Daily Beast, Reason, Law&Crime, Independent Journal Review, Texas Monthly, The Capitolist, Breitbart Texas, Townhall, RedState, The Orlando Sentinel, and the Austin-American Statesman, and her political commentary has led to appearances on television, radio, and podcast programs across the globe. Follow Sarah on Threads, Twitter, and Bluesky.