WATCH: GOP split over Rand Paul’s DOJ strategy in Fauci contempt push

By Fox News · Fox News

Republican senators debated Sen. Rand Paul's, R-Ky., plan to send a criminal contempt referral against former White House COVID advisor Anthony Fauci directly to the Department of Justice, raising questions about the legal viability of the effort and the procedural path forward. Paul, the leader of the push, told Fox News Digital on Tuesday that he was confident the votes would be there to move forward with holding Fauci in contempt of Congress, and that his next plan is to move forward with sending the referral directly over to the Justice Department. Sen. Josh Hawley, R-Miss., said his office has already begun drafting a memo to Acting Attorney General Todd Blanche to urge the Justice Department to pursue a criminal contempt case against Fauci. RAND PAUL PREDICTS FAUCI CONTEMPT VOTE WILL PASS, VOWS SWIFT DOJ REFERRAL "My team is working right now on a memo to Blanche explaining why we think that he can be prosecuted for contempt of Congress," Hawley told Fox News Digital. "He's not entitled to immunity, taken the Fifth, when he already has a pardon. It’s one or the other. " After the Homeland Security and Governmental Affairs Committee voted Thursday to hold Fauci in contempt, the next step is typically for a full Senate vote to be held. "It's got to actually go through the full Senate," Lankford said. "That's the challenge." But Paul’s more unusual plan to skip the vote in the Senate and send the criminal referral straight to the Justice Department could be a viable route. Vice President J.D. Vance , the President of the Senate, would have to certify the resolution and refer it to the U.S. Attorney for the District of Columbia. This would likely be make it easier to prosecute Fauci as it wouldn’t require 60 votes in the Senate. REPORTER'S NOTEBOOK: WHY FAUCI'S 111 FIFTH AMENDMENT PLEAS COULD END UP BEFORE THE COURTS Lankford brought up the risk in utilizing this procedure as it could prompt a potential for Democrats to use it to their advantage in the future. "T…