WASHINGTON – Sen. Rand Paul's threat to hold Dr. Anthony Fauci in contempt of Congress for stonewalling Senate Republicans during a hearing is already creating a cloud of legal questions.

The former public health chief pleaded the Fifth Amendment for hours on Wednesday, July 29, in response to a barrage of queries about his leadership during the COVID-19 pandemic.

Paul, the chairman of the Senate Homeland Security and Governmental Affairs Committee, was enraged by the infectious disease expert's refusal to engage with lawmakers. Almost immediately after the raucous proceedings, the Kentucky Republican said he planned to schedule a committee vote next week to move toward recommending contempt charges against Fauci.

Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, is sworn in before his testimony about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC. Fauci is appearing under subpoena and invoking the Fifth Amendment to refuse to answer Paul's questions about federal funding to the Wuhan Institute of Virology in China and research on whether the coronavirus could have come from animals or from a lab experiment.(Jack Gruber, Jack Gruber-USA TODAY)
Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, is sworn in before his testimony about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC. Fauci is appearing under subpoena and invoking the Fifth Amendment to refuse to answer Paul's questions about federal funding to the Wuhan Institute of Virology in China and research on whether the coronavirus could have come from animals or from a lab experiment.(Jack Gruber, Jack Gruber-USA TODAY)
Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
Sen. Rand Paul, the Kentucky Republican who's been pushing for answers about the origin of the coronavirus pandemic, ordered security to remove Dr. Anthony Fauci's lawyer after he said the lawyer refused to stay in his seat.(Jack Gruber, USA TODAY)
Sen. Rand Paul, the Kentucky Republican who's been pushing for answers about the origin of the coronavirus pandemic, ordered security to remove Dr. Anthony Fauci's lawyer after he said the lawyer refused to stay in his seat.(Jack Gruber, USA TODAY)
Sen. Rand Paul is pictured during Anthony Fauci's hearing.""This is the way Anthony Fauci wants to be remembered," Paul said before calling in security. He said Fauci still has a team of about a half dozen lawyers sitting in the audience, but they are not allowed to accompany their client at the witness table.(Jack Gruber, Jack Gruber-USA TODAY)
Sen. Rand Paul is pictured during Anthony Fauci's hearing.""This is the way Anthony Fauci wants to be remembered," Paul said before calling in security. He said Fauci still has a team of about a half dozen lawyers sitting in the audience, but they are not allowed to accompany their client at the witness table.(Jack Gruber, Jack Gruber-USA TODAY)
Anthony Fauci prepares to testify about the COVID-19 pandemic. Former President Joe Biden preemptively pardoned Fauci to shield him from criminal investigation, but Paul has said if Fauci perjures himself, the pardon for past actions won’t protect him.(Jack Gruber, Jack Gruber-USA TODAY)
Anthony Fauci prepares to testify about the COVID-19 pandemic. Former President Joe Biden preemptively pardoned Fauci to shield him from criminal investigation, but Paul has said if Fauci perjures himself, the pardon for past actions won’t protect him.(Jack Gruber, Jack Gruber-USA TODAY)
Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC. Sen. Rand Paul had Fauci's attorney removed. He still has advice of counsel as he continues to refuse to testify.(Jack Gruber, USA TODAY)
Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC. Sen. Rand Paul had Fauci's attorney removed. He still has advice of counsel as he continues to refuse to testify.(Jack Gruber, USA TODAY)
Sen. Ron Johnson (R-WI) speaks during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
Sen. Ron Johnson (R-WI) speaks during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
Sen. Josh Hawley (R - MO) speaks during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
Sen. Josh Hawley (R - MO) speaks during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
People listen as Anthony Fauci testifies. Fauci is refusing to answer Republicans' questions about the origins of the coronavirus, instead choosing to sit in a witness chair and take criticism from senators as he invokes his Fifth Amendment right against incriminating himself.(Jack Gruber, Jack Gruber-USA TODAY)
People listen as Anthony Fauci testifies. Fauci is refusing to answer Republicans' questions about the origins of the coronavirus, instead choosing to sit in a witness chair and take criticism from senators as he invokes his Fifth Amendment right against incriminating himself.(Jack Gruber, Jack Gruber-USA TODAY)
Sen. John Fetterman (D - PA) during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
Sen. John Fetterman (D - PA) during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, Jack Gruber-USA TODAY)
Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, USA TODAY)
Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.(Jack Gruber, USA TODAY)
Sen. Ashley Moody (R - FL) during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC. Former President Joe Biden preemptively pardoned Fauci to shield him from criminal investigation, but Paul has said if Fauci perjures himself, the pardon for past actions won’t protect him.(Jack Gruber, USA TODAY)
Sen. Ashley Moody (R - FL) during the testimony of Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, who appeared to discuss the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC. Former President Joe Biden preemptively pardoned Fauci to shield him from criminal investigation, but Paul has said if Fauci perjures himself, the pardon for past actions won’t protect him.(Jack Gruber, USA TODAY)

Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, is sworn in before his testimony about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.

Fauci is appearing under subpoena and invoking the Fifth Amendment to refuse to answer Paul's questions about federal funding to the Wuhan Institute of Virology in China and research on whether the coronavirus could have come from animals or from a lab experiment.

Sen. Rick Scott, R-Florida, signaled he'd be supportive of Paul's push.

"In my state, people would just like more information," he told USA TODAY. "I think he caused a lot of mistrust."

Read more: Fauci under fire as he pleads Fifth: Top takeaways from scathing hearing

There's a twist, however: Fauci was pardoned by former President Biden for any actions he took directing the nation's coronavirus response from 2014 up through 2025. Paul seemed to suggest he thinks Fauci could potentially still be prosecuted for obstructing a congressional investigation outside of that window. By invoking his constitutional right against self-incrimination, Fauci himself (and his lawyers) appeared to be worried to some degree about being cornered into perjuring himself.

"Do you incriminate yourself if you have a pardon? I think that question's for the courts," the libertarian senator said.

Sen. Rand Paul is pictured during a hearing as Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.
Sen. Rand Paul is pictured during a hearing as Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, testifies about the COVID-19 pandemic in front of the Senate Homeland Security and Governmental Affairs Committee, on July 29, 2026, in Washington, DC.

Sen. Joni Ernst, R-Iowa, told USA TODAY she wants to discuss the move further with other members of the relevant Senate panel to "really understand the legal ramifications."

"I'd want to talk to a general counsel and just understand how we proceed," she said.

Sen. Gary Peters, D-Michigan, the ranking Democrat on the panel, told reporters after Wednesday morning's hearing that he wasn't "assessing anybody's legal liability."

"We'll see what happens going forward," he said. "I would hope that we start doing some hearings on actually how we prepare the United States for future pandemics."

The Senate is scheduled to leave town Aug. 7 for a monthlong recess.

Zachary Schermele is the congressional correspondent for USA TODAY. You can reach him by email at [email protected]. Follow him on X at @ZachSchermele and Bluesky at @zachschermele.bsky.social.

This article originally appeared on USA TODAY: Fauci's Senate fiasco isn't over as contempt push prompts legal questions