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You Want to Target Fauci? Put It on the Senate Floor

To: Sen. Moreno, Sen. Husted, Rep. Beatty

From: A verified voter in Columbus, OH

September 11

As your constituent, I am writing to demand that Senate leadership stop Chairman Rand Paul from using procedural end-runs to target Dr. Anthony Fauci, and require that any contempt referral face a recorded vote before the full United States Senate. On August 6, the Senate Homeland Security and Governmental Affairs Committee voted 8–5 along strict party lines to cite Dr. Fauci for contempt after he invoked his Fifth Amendment rights against a hostile perjury trap. Recognizing that this resolution cannot clear the 60-vote threshold on the Senate floor, Chairman Paul openly admitted he did not "want to waste time" bringing it to the full chamber. Instead, he attempted an unauthorized shortcut: bypassing a floor vote entirely and sending an uncertified referral straight to the Department of Justice. Circumventing the full Senate to stage a political prosecution subverts institutional integrity and due process: - Contempt Precedent Requires the Full Senate: Under 2 U.S.C. § 194 and established precedent, an individual committee chairman cannot unilaterally refer a citizen for prosecution. The statute requires either a full-chamber vote while Congress is in session or certification by the presiding officer during an adjournment—neither of which occurred here. Chairman Paul's referral followed neither path. Legal analysts, including a former Senate Homeland Security Committee counsel, have said this procedural defect could itself undermine the Justice Department's ability to prosecute the case at all. Weeks later, no grand jury action has followed. - Ducking a Floor Vote Is an Admission of Failure: If committee leadership genuinely believes it is legally sound to hold an 85-year-old retired public servant in criminal contempt for asserting a constitutional right, they must present their case to the full chamber. Not sending this to the floor for a vote proves this maneuver is aimed at generating cable news clips, not legitimate oversight. - Constitutional Rights Are Not Negotiable: The Fifth Amendment exists to protect citizens against predatory prosecution. Claiming that a prior pardon eliminates Fifth Amendment protections against new under-oath statements subverts basic legal safeguards for every American. I urge you to take immediate action: 1. Demand a recorded roll-call floor vote on any resolution seeking to hold Dr. Fauci in contempt, rather than permitting committee leadership to bypass regular order. 2. Publicly affirm that no committee referral carries institutional weight or legal authority without formal consideration and certification by the full Senate. 3. Refocus committee time and resources away from endless, unauthorized revenge referrals and back toward authentic legislative priorities. If committee leadership insists on pursuing this vendetta, they must do so in the open. Put the contempt resolution on the Senate floor, or drop it entirely.

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