Dr Anthony Fauci invoked his right to ?remain silent more than 100 times in a Washington DC hearing. (AP PHOTO)Dr Anthony Fauci invoked his right to ?remain silent more than 100 times in a Washington DC hearing. Republican Senator Rand Paul said he would refer Fauci to the Justice Department, a formal request to consider criminal charges, based on the contempt finding. and Senator Paul knows it," Schertler said, describing the resolution as a continuation of a "personal vendetta." Paul said Fauci had no valid Fifth Amendment claim because the pardon nullified it and because Fauci waived any remaining protection by testifying.