Trump says Fauci 'maybe should' be prosecuted, compares him to Bannon and Navarro

Donald Trump signals support for DOJ action after Senator Rand Paul moves a criminal contempt referral against Anthony Fauci
President Donald Trump compared Anthony Fauci's case to the contempt prosecutions of Steve Bannon and Peter Navarro after Senator Rand Paul referred the former NIH director to the DOJ (Getty Images)
President Donald Trump compared Anthony Fauci's case to the contempt prosecutions of Steve Bannon and Peter Navarro after Senator Rand Paul referred the former NIH director to the DOJ (Getty Images)

WASHINGTON, DC: President Donald Trump on Thursday, August 6, suggested that former NIH Director Dr Anthony Fauci "maybe should" face criminal prosecution after a Republican-led Senate committee voted to hold the former top US infectious disease official in contempt of Congress for refusing to answer questions during a recent hearing.

The comments marked Trump's strongest public endorsement yet of possible criminal action against Fauci, who repeatedly invoked his Fifth Amendment right against self-incrimination during a Senate hearing last week. His remarks came hours after Senator Rand Paul (R-Ky) announced he would personally deliver the committee's criminal referral to the Justice Department instead of waiting for a vote by the full Senate.

Trump says Fauci 'maybe should' face prosecution after contempt referral



When asked whether the DOJ should prosecute Fauci, Trump pointed to the contempt convictions of Steve Bannon and Peter Navarro, both of whom were prosecuted after refusing to comply with subpoenas issued by the House committee investigating the January 6 Capitol attack.

"Well, you know, they prosecuted Peter Navarro, and they prosecuted Steve Bannon, two very decent people, over something that essentially was never prosecuted before. And there are sort of telltale signs of similarity," Trump said.

MIAMI BEACH, FLORIDA - MARCH 27: U.S. President Donald Trump speaks at the FII PRIORITY Summit at the Faena Hotel on March 27, 2026 in Miami Beach, Florida. This is the second year President Trump has spoken at the Saudi-backed investment summit. (Photo by Nathan Howard/Getty Images)
President Donald Trump spoke at the FII PRIORITY Summit at the Faena Hotel in Miami Beach, Florida, on March 27, 2026 (Nathan Howard/Getty Images)

The president criticized former Attorney General Merrick Garland for pursuing those cases, noting that both men served four-month prison sentences after being convicted.

"Merrick Garland prosecuted two very decent people and sent them to jail," Trump said. "I wasn't president. I would have given them a pardon in two seconds."

Trump then suggested Fauci could face similar treatment

"So when you see that happen, you sort of say maybe he should. What he did is far more serious than a lot of crimes, frankly. But they prosecuted two people when nothing like that has ever taken place before," he added.

Sen. Rand Paul, R-Ky., speaks as 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)
Senator Rand Paul spoke as Dr Anthony Fauci testified before the Senate Homeland Security and Governmental Affairs Committee in Washington on July 29, 2026 (AP Photo/Allison Robbert)

Senate panel advances Fauci contempt referral after Fifth Amendment testimony

Trump's remarks followed an 8-7 party-line vote by the Senate Homeland Security and Governmental Affairs Committee to hold Fauci in contempt of Congress after he invoked the Fifth Amendment more than 100 times during testimony last week.

Paul argued Fauci's refusal to answer questions was unjustified because former President Joe Biden issued him a broad preemptive pardon covering potential federal offenses committed between 2014 and 2025. Paul said he would bypass the traditional process of seeking a full Senate vote and instead hand-deliver the committee's criminal referral directly to the Justice Department

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)
Dr Anthony Fauci testified before the Senate Homeland Security and Governmental Affairs Committee in Washington on July 29, 2026 (AP Photo/Allison Robbert)

Fauci's attorney, David Schertler, condemned the committee's action, calling it "a crude political stunt intended to punish Dr Fauci for exercising his constitutional rights." He argued that invoking the Fifth Amendment remained appropriate because Biden's pardon did not shield Fauci from possible state prosecutions or potential perjury allegations stemming from future testimony.

Trump's latest comments also marked a sharper stance than the one he took last week, when he said he respected Biden's decision to pardon Fauci and emphasized the sweeping constitutional authority presidents possess to grant clemency. At the time, Trump said overturning a presidential pardon would likely require substantial legal justification, calling the pardon power "very powerful." 

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