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What Ted Cruz is demanding after Fauci’s Senate hearing, and what it would take to turn accusations into charges

Senator Ted Cruz called for Anthony Fauci to face contempt and perjury charges after Fauci invoked the Fifth Amendment at a Washington DC hearing.

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WASHINGTON, July 30 (DC Times Online) — After Anthony Fauci appeared before a Republican-led Senate hearing in Washington, D.C., on July 29, 2026 and repeatedly invoked the Fifth Amendment, Sen. Ted Cruz of Texas called for him to be held in contempt, prosecuted for perjury and jailed. Cruz made the remarks in interviews on Fox News and Fox News Digital, where he described Fauci as “the most damaging bureaucrat in the history of America” and said Fauci had lied to the American people and to Congress.

The hearing was led by Sen. Rand Paul of Kentucky, who said the committee was examining Fauci’s handling of the COVID-19 pandemic and related questions about the pandemic’s origins. In coverage of the hearing, Paul said the committee would vote the following week on whether to hold Fauci in contempt of Congress for refusing to answer questions.

What happened in the hearing?

Fauci declined to answer questions during the hearing and said he was doing so under the Fifth Amendment to the Constitution. The Fifth Amendment can protect a witness from being forced to give answers that could be used to incriminate that person in a criminal case.

The Washington Post reported that Fauci’s refusal to answer could, for now, shield him from questions that might expose him to accusations of lying under oath. USA Today reported that Fauci said he was refusing to answer based on his Fifth Amendment rights and to avoid possible perjury exposure.

What do “contempt” and “perjury” mean?

In this setting, contempt of Congress means lawmakers believe a witness has refused to comply with a committee’s lawful demands. It is not the same thing as a criminal conviction, and it does not automatically mean jail time.

Perjury means knowingly lying while under oath. Cruz said Fauci should be prosecuted for perjury, but the reporting provided on the hearing does not show any court finding, criminal charge or indictment against Fauci.

Cruz’s comments were tied to a larger argument he has made for years. In a 2021 Senate press release, Cruz accused Fauci of being dishonest about masks and about gain-of-function research funding. In those remarks, Cruz called Fauci “the most dangerous bureaucrat in the history of the country” and said he had been “dishonest,” “political” and “partisan.”

Is Fauci facing charges now?

Not based on the material available from the hearing. The dispute happened before a Senate committee in Congress, not in a court. The reporting provided does not identify a filed criminal case, and no court record is cited showing that Fauci has been charged with contempt or perjury.

That distinction matters. A heated hearing and strong accusations can lead to a committee vote or a referral, but those steps are not the same as a criminal prosecution. Any actual criminal case would have to be brought through the federal justice system.

Why does the Fifth Amendment matter here?

The Fifth Amendment is often used by witnesses who think answers could create legal risk. It does not prove wrongdoing, and a person can invoke it even if no charges have been filed. That is why Fauci’s decision to stay silent does not by itself establish that he lied, and Cruz’s accusations remain allegations rather than findings of fact.

For now, the main facts are these: Fauci refused to answer questions at the Senate hearing; Paul said the committee would consider contempt; and Cruz used the moment to renew a long-running attack, calling for jail time and claiming Fauci should face criminal consequences.

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Gary Smith

A lifelong Kingman resident, Gary Smith is the senior Kingman reporter for Times Media Service. Smith covers local news in Kingman, including local politics and government, schools, public safety, development and community life, from culture to the city's Route 66 heritage. Smith holds a master's degree in journalism and media studies.

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