A Senate committee is scheduled to vote Thursday on whether to hold Dr. Anthony Fauci in contempt of Congress and refer him to the Justice Department for potential prosecution, following his refusal to answer questions at a hearing last week examining his handling of the COVID-19 pandemic.

Fauci, who led the National Institute of Allergy and Infectious Diseases for nearly four decades before becoming the government's most visible voice on the pandemic response, invoked his Fifth Amendment right against self-incrimination more than 100 times during his appearance before the Senate Committee on Homeland Security and Governmental Affairs.

Sen. Rand Paul of Kentucky, the panel's Republican chairman, argued that the constitutional protection does not apply in Fauci's case because the former White House medical adviser received a pardon from President Joe Biden last year and therefore faces no threat of prosecution.

Fauci, however, countered that argument in a statement released ahead of the hearing. He said he had legitimate grounds to fear criminal charges, citing what he described as Paul's determination "to get me to say something, anything, that could vindicate his repeated public pledges that I end up, in his words, quote, behind bars, unquote."

Biden's pardon covers acts dating from 2014 through the day it was issued in January 2025, but it does not shield Fauci from state-level prosecutions or from investigations into any testimony he provided that lawmakers believe was false. Biden had issued the preemptive pardons in his final weeks in office, also covering figures such as former Chairman of the Joint Chiefs of Staff Gen. Mark Milley and members of the House January 6 committee, citing what he called the threat of politically motivated investigations.

The Republican-led committee is set to vote Thursday morning on whether to refer Fauci to the U.S. Attorney's Office in Washington, which would then decide whether to investigate or attempt to prosecute the doctor for contempt. Congressional contempt referrals have historically yielded mixed results, though recent precedent demonstrates they can lead to charges: former Trump advisers Steve Bannon and Peter Navarro were both convicted of contempt of Congress for defying subpoenas from the January 6 committee.

Paul, who has previously issued referrals regarding Fauci on his own, acknowledged Wednesday that contempt resolutions have typically gone through the full Senate. However, he said he did not "want to waste time" moving the matter to a full Senate vote, where it would be unlikely to secure the 60 votes required to advance.

"We still might come to the floor," Paul said, "but at this point, the first thing we will do is we will send it over as a recommendation from our committee, if it passes."

Regardless of the outcome, the episode raises complex questions about lawmakers' authority to compel testimony from witnesses who have received pardons. The result could carry implications beyond Fauci, given the possibility that President Donald Trump may also grant clemency to his own aides before leaving office.

Associated Press writer Lisa Mascaro in Washington contributed to this report.

This story was originally featured on Fortune.com.