Republicans want to hold Fauci in contempt for invoking the Fifth. Can they do that?

Senator Rand Paul says Dr. Anthony Fauci will face "consequences" for asserting his Fifth Amendment right to avoid answering questions about the COVID-19 pandemic after the infectious disease expert blasted the Republican lawmaker for his "unhinged obsession" with him.

The Senate Homeland Security Committee will vote next week on whether to hold Fauci in contempt of Congress, according to Paul. "It's against the law to obstruct an investigation of Congress. There will be repercussions for your refusal to testify," Paul told Fauci on Wednesday.

It's unclear whether the charges can stick. Before leaving office, Joe Biden issued a preemptive pardon for Fauci that effectively blocks federal criminal prosecutions for any official conduct between 2014 and 2025, a period covering Fauci's response to the pandemic.

If approved by the committee, the contempt resolution would then head to the full Senate. It would need 60 votes to advance, which would require some Democratic support, which is unlikely.

A conviction on criminal contempt of Congress carries a fine of up to $100,000 and a prison sentence of up to 12 months.

"You don't have any rights under the Fifth Amendment because you've been pardoned," Hawley told him. "You know that. Your lawyers sitting behind you, now shifting nervously in your chairs, they know it."