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GOP to Refer Dr. Fauci for Prosecution Without Full Senate Vote; Haitian Community Reacts to End of Temporary Protected Status; Hot, Dry Weather Ahead Raises Washington Wildfire Risk; New Psilocybin Trial for Vets Will Be Conducted in Five Locations; McConnell Says He's Been Discharged from Rehab Center and Will Continue Recovery at Home. Aired 2:30-3p ET

Aired August 06, 2026 - 14:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[14:30:00]

BRIANNA KEILAR, CNN HOST: Dr. Anthony Fauci's lawyer is blasting today's contempt vote as a quote, crude political stunt. Attorney David Schertler appeared with Fauci during last week's hearing, where Fauci invoked his Fifth Amendment right against self-incrimination more than 100 times. That set up today's party-line vote to hold him in contempt in committee.

This contempt vote would traditionally now head to the full Senate, but in an unprecedented move, Senator Rand Paul says he's taking the prosecution referral straight to the DOJ, which, of course, is now led by President Trump's former personal attorney. Fauci's attorney says this about the extraordinary move, quote, "It is shameful and wrong that Senator Paul is abusing his power by trying to weaponize the Justice Department against an honorable public servant." Let's talk about this now with former Deputy Assistant Attorney General Tom Dupree.

All right, Tom, so how unusual is it for Senator Paul to do what he's doing, skipping the full Senate vote with a referral straight to DOJ, and does it set a precedent that future chairs may follow?

TOM DUPREE, FORMER DEPUTY ASSISTANT ATTORNEY GENERAL: It is unusual, and yes, it would set a precedent. As far as how frequently this is done, no, we're in a bit of uncharted territory here. I suspect the reason Senator Paul is fast-tracking this is because if he were to take this contempt resolution to the full Senate, he'd need 60 votes, and he may not be confident he would have it.

This way he can proceed, he can get this proposed indictment to the Justice Department without having to get a majority of the full Senate. I think Senator Paul's thinking is he'll put this in the lap of the Justice Department, the U.S. Attorney's Office, and they can then make a decision as to whether further proceedings, namely a contempt prosecution against Dr. Fauci, would be warranted.

[14:35:00]

KEILAR: Can we get into the legal argument that he should have answered questions, Fauci, because he has a pardon? The text of the pardon that former President Biden gave Fauci says it's a, quote, "Full and unconditional pardon for any offenses against the U.S. which he may have committed or taken pardon from January 1st of 2014 through January 19th of 2025," which is the date when Biden signed this, "related to his service as director of NIAID or the roles that he served in the White House related to COVID." Senator Paul says that means he can't invoke his Fifth Amendment right. Is that correct?

DUPREE: Well, this is a very broad pardon by President Biden, and you're absolutely right. It basically immunized Fauci from prosecution for anything he did in his role as head of the government's response to the pandemic. But there are some limitations.

One is that it expires, or at least it only covers conduct up until the time Joe Biden left office. And what Dr. Fauci is concerned about is that he could say something in a congressional hearing that itself would provide the basis for a prosecution. And Biden's pardon doesn't protect him from that.

The other thing the pardon doesn't protect him from is the possibility of state prosecution. And we've already seen several state attorneys general circling the waters, thinking about whether or not an investigation, maybe even a prosecution of Fauci would be warranted. Biden's pardon doesn't protect him from that.

My view is that I think Fauci was probably on strong ground in invoking his Fifth Amendment rights with regard to questions about what he did in his role as the head of the pandemic response. But I think he's overplaying his hand a bit. I think that part of the reason President Biden gave him this pardon was precisely to enable him to testify publicly.

So even if Fauci has a theoretical right to invoke his Fifth Amendment in this context, to me at least, it doesn't serve the larger public interest about just getting the information that he has about our nation's response to one of the most momentous events in our history.

KEILAR: So Senator Paul warned Fauci off the top of this hearing, right? He said to him that not answering questions could be punishable by prison time. If people who are testifying before Congress are worried that they're facing, on one hand, a possible perjury charge, or on the other hand, they're facing a contempt charge, what does that mean, potentially, for the ability of Congress to actually do its oversight job?

DUPREE: Well, it raises the stakes for witnesses if they know that they could possibly be going to jail for what they say to Congress. And from Congress's perspective, yes, you have to be concerned that it could limit the ability of Congress to get people to come in and testify about controversial subjects, about controversial decisions they made when they were serving in public office, if all of this is possibly leading to a prosecution based on that testimony. It's going to create an incentive.

It's going to create a world where witnesses are going to be very concerned about going before Congress, sharing what they know, if they fear that the consequences of their testimony could put them behind bars.

KEILAR: All right, Tom Dupree, always great to speak with you. Thanks for being with us -- Omar.

OMAR JIMENEZ, CNN HOST: Well, meanwhile, hundreds of thousands of Haitian nationals here in the United States are now at risk of being removed from the country at any moment, really. A federal judge officially allowed the Trump administration to end the Temporary Protected Status Program that allowed Haitians who fled their country amid political unrest and natural disasters to stay in America. Now, the court decision comes more than a month after the Supreme Court reversed a ruling that had halted the government's plans to end the program.

CNN senior crime and justice correspondent Shimon Prokupecz is in New York City getting reaction. So what are people in the Haitian community there telling you, Shimon?

SHIMON PROKUPECZ, CNN SENIOR CRIME AND JUSTICE CORRESPONDENT: Well, we're in Brooklyn in an area called Flatbush, and this is really the heart of the Haitian community here in New York City. It's called Little Haiti, and many of the people here are living in fear since certainly that ruling from the Supreme Court in June. And then what's happened is that many of the people who were here under that temporary protective status, they had a right to work when that was in effect, and they have all now lost their right to work.

They're doctors, they're nurses, they're transit workers. These are people who have been living in this country and in this community for years, some since 2010, and this is all they have known since they left Haiti. We spent some time here talking to a person who works at a law office here.

She's the office manager, and she's fielding a lot of calls. And then we also spoke to a resident here of what it's been like. Take a listen.

(BEGIN VIDEOTAPE)

JUDITH POLIDOR, PARALEGAL: On the phone, and them we are crying because some of them left their country ten years ago, twelve years ago. They don't know where to go now.

[14:40:00]

And then their children, they grew up here in the U.S. It's very difficult for them to speak Haitian language, Creole. And then now, actually, they don't know what to do because some of them applied for asylum in the past, and then the asylum was refused, and they were only using the CPS to work, to keep going working. And actually, there is none, and it's very difficult for them because some of them could not have access to other immigration applications to adjust their status.

That means it's very, very painful.

PROKUPECZ: When you hear from them, how has it been for you dealing with all of this?

POLIDOR: But, you know, overwhelmed because when everybody is crying, is calling, and then everybody has an emergency.

DAVENTON CHRISTIE, BROOKLYN RESIDENT: There used to be thousands, there used to be hundreds of them on the sidewalk selling their little $2 items, their little $6 items. They're gone. They're underground.

They're not coming out no more.

(END VIDEOTAPE)

PROKUPECZ (on camera): And that's what we keep hearing from people here. Every store we walk into, every business, people saying that they are not seeing those same number of people come to their stores and their businesses. But much like we saw in Chicago, yet another city in this country, another neighborhood in this country, living in fear of the government, all going underground, all hiding, and really just trying to figure out what they're going to do next.

Many of them feeling very helpless at this point. And we'll wait and see if ICE does come to this neighborhood and start to round people up.

JIMENEZ: So many communities with this exact dynamic in mind. Shimon Prokupecz really appreciate the reporting there in New York City for us.

Meanwhile, so to come, firefighters are working tirelessly to contain multiple wildfires in Washington State that could soon face severe literal headwinds there. So we're going to take a look at the flame fueling winds and intense heat that is expected in the coming days. Stay with us.

[14:45:00]

(COMMERCIAL BREAK)

JIMENEZ: A new test for firefighters battling devastating wildfires in Washington State. More than 10,000 acres have burned. Hundreds of homes have been destroyed. And now crews are watching the weather closely. Major General Gent Welsh of the Washington National Guard joined us last hour with his concerns about the days ahead. Take a listen.

(BEGIN VIDEO CLIP)

MAJ. GEN. GENT WELSH, COMDR., WASHINGTON NATIONAL GUARD: I think we're very concerned. A couple things. I mean, we're going to get some winds flowing in from the coast.

Thankfully, that's going to be clearing out a lot of the smoke area from the Seattle area where I am now. But that's just bad news for central Washington and eastern Washington. Those winds are going to heat up. It's going to be very hot over the next couple of days. I don't know that the winds are going to be as strong as they were this past weekend. But it's certainly something that's very concerning for those fire crews, very concerned for the fire leadership that's out there.

They want to get those containment lines in now before that wind hits.

(END VIDEO CLIP)

JIMENEZ: CNN meteorologist Allison Chinchar has the forecast.

ALLISON CHINCHAR, CNN METEOROLOGIST: The best news really out of the last 24 hours is the fact that we've been able to make improvements in the containment numbers. All three of these fires have seen an increase in containment thanks to the much better weather conditions that the fire crews have experienced, especially in terms of wind gusts being very, very low. The bigger issue really is just going to be the heat.

That has been the case the last couple of days, and it will continue through the weekend. In Spokane, for example, the average is around 87 degrees. The high temperature is all expected to be in the 90s, and they're not alone.

Much of Washington, Oregon, Idaho, Montana, all of these areas looking at temperatures about 5 to 15 degrees above average. Winds are also expected to begin to increase later today and will continue through Friday. And we're talking about 20 to 25 miles per hour, which may not seem all that much, but it is plenty in terms of taking those existing embers and spreading them rapidly throughout much of these areas.

So that's a concern, again, not only for today but also as we head into Friday and Saturday when those winds are expected to remain. One thing to note, though, too, is that the wind direction is going to shift. So in terms of the smoke that has been kind of filling a lot of these areas, that is going to change, namely for places like Seattle and Portland, who were actually expected to get a break from much of the smoke over the next 24 to 48 hours because of that shift in wind.

However, on the flip side, places like Spokane and really much of Idaho, Washington, and Oregon, we actually anticipate that the smoke will actually get thicker and increase in the coming hours. It's why you have all of these air quality alerts. In effect, not just for today, but a lot of these, with the exception of a few, are likely going to stick around for Friday and Saturday.

And then, again, knowing that those winds are going to increase, you also have the potential for fire weather, which is why you have these red flag warnings and fire weather watches that are in effect today and will likely continue through at least Friday, if not also Saturday.

JIMENEZ: All right, Allison Chinchar, really appreciate it -- Brianna.

KEILAR: Today on Homefront, a potentially groundbreaking new drug trial for America's veterans. The Veterans Administration just announced it's enrolling vets in a new clinical trial to evaluate the effectiveness and safety of psilocybin to treat major depression. Psilocybin is the main psychoactive ingredient in so-called magic mushrooms.

The randomized, controlled trial will enroll veterans diagnosed with treatment-resistant major depressive disorder, and it will compare outcomes between two dosage levels. Back in April, President Trump signed an executive order aimed at encouraging expanded research into psychedelic drugs. In a signing event in the Oval Office, he said this.

(BEGIN VIDEO CLIP)

[14:50:00]

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: In many cases, these experimental treatments have shown life-changing potential for those suffering from severe mental illness and depression, including our cherished veterans.

(END VIDEO CLIP)

KEILAR: Increasingly, researchers have been open to studying new therapies using the drug. Small clinical trials have shown that one or two doses of psilocybin given in a therapeutic setting can result in dramatic and long-lasting changes for people with treatment-resistant major depressive disorder. Those are disorders that typically don't respond to traditional antidepressants.

The FDA has designated psilocybin as a breakthrough medicine. That category was created to speed the process for reviewing not-yet- approved experimental medicines. The new trial for vets will be conducted at five VA facilities in Oregon, Washington State, Pennsylvania, and two locations in Alabama.

Coming up, we are getting a new update on Senator Mitch McConnell's health.

[14:55:00]

(COMMERCIAL BREAK)

JIMENEZ: Let's get you to some of the other headlines we are watching this hour. For example, the cyclosporiasis outbreak tied to iceberg lettuce is now linked to 15 states' cases there. The list now includes Arkansas, Iowa, Missouri, Nebraska, New Hampshire, and North Carolina.

Health officials say lab testing showed that illnesses in those six states were probably caused by the same strain that's affecting nine others. The CDC says more than 6,000 cases are part of this particular outbreak. Two people have died, and nearly 300 others have been hospitalized.

Also, the United States has suspended mandatory inspections on avocados in the Mexican state of Michoacan, potentially disrupting shipments of the fruit to American consumers from Mexico's top- producing region. The suspension is part of a U.S. government-wide pause on all activities in the region because of a, quote, unspecified threat against American interests. Right now, Michoacan's governor says security forces are carrying out operations against extortion, as a 2024 report finds that cartels regularly extort producers there in protection schemes.

And then Buc-ee's, the popular chain of gas stations and travel centers, is suing Beaver's Mini Mart in the small town of Beaver Creek, Ohio, for copyright infringement. The chain claims the store's Beaver mascot is too similar to its own. Buc-ee's claims customers may be confused by the Mini Mart's logo, despite the fact that the corner store doesn't have gas pumps and is miles from the nearest interstate.

Nevertheless, the owners say they plan to fight the lawsuit -- Brianna.

KEILAR: We are following some breaking news on Senator Mitch McConnell's health. And our Mani Raju is on the Hill. Mani, what are you learning?

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Yes, just moments ago, Mitch McConnell's office putting out a statement after the senator has been gone from an extended absence, an injury that first occurred on June 14th, now saying he has been released from the hospital, released from rehab, and is now at home recovering. Saying this statement, "Earlier today, I was discharged from the rehabilitation center to continue my recovery at home," he says, "Elaine," his wife Elaine Chow, "and I are grateful for the many well wishes and support from friends, colleagues, and Kentuckians, and for the attentive care I've received." He went on to say, "On the advice of my doctors, I'll maintain an intensive regimen of physical therapy from home during the state work period, and I will continue to engage with my staff and colleagues on important Senate business."

So that means that during this August recess, as expected to begin at the end of this week, he will still be at home, he will be continuing his recovery then, and he will -- it's unclear when he will actually return to the United States Senate. Remember, he fell on June 14th was the day that he initially had his injury. It was unclear what would have happened.

He had been hospitalized that we had known. He had refused to provide any details about his condition. His office would not either.

And it took about a month until they finally disclosed that he fell in his home. He was unconscious. He had a brief bout of pneumonia, and then that he was recovering.

Then he was later discharged to a facility, a rehab facility. We have not actually heard from him. He's put out a few statements.

They put out some of the photos that you see on your screen there with him and Elaine Chow. But other than that, we've heard very little about Mitch McConnell, as conspiracy theories about his health, his 84-year-old have flourished. He's starting to reject those conspiracy theories. Republican senators that I've spoken to say that they have spoken to him. He seems attentive. He's engaging with them on some of the key issues of the day.

But when he will return remains a big question. If he will return in September, really unclear. But that's when the Senate will return after they leave this week for a five-week recess.

We'll see if Mitch McConnell, who is retiring at year's end, will come back for that final stretch of the legislative session -- Brianna.

KEILAR: How has his absence impacted votes in the Senate, Manu?

RAJU: You know, it's the narrowly divided Senate, so every vote really, really matters. It's actually coming to a head in the next day or so when the attorney general nominee of Todd Blanche, the acting attorney general, to get that permanent position, comes to a vote. Because in the 53-47 Senate, only a handful of votes could mean enough to essentially scuttle any sort of nomination or any sort of party- line vote.

And with McConnell gone, it's now 52-47. And Susan Collins of Maine plans to vote against Todd Blanche, which means ...

END