It will ultimately be up to the Justice Department to decide whether to pursue a criminal prosecution of Fauci. Paul’s contempt resolution, as written, directs the President of the Senate, Vice President Vance, to certify the committee’s decision to the U.S. Attorney for the District of Columbia.

Doing so would sidestep a vote by the entire Senate, but in order for the resolution to carry the full force of Congress the GOP would need to secure 60 votes for it.

While prosecutions are rare, two former Trump advisers — Steve Bannon and Peter Navarro — were imprisoned on contempt-of-Congress charges during the Biden administration.

Many Democrats now see a similar risk for Fauci, pointing to the prosecution of other former government officials whom President Trump is critical of, including his former FBI director, James Comey.