Senator Ron Wyden of Oregon has called for a criminal investigation into U.S. Health Secretary Robert F. Kennedy Jr. after a report by the Guardian indicated that Kennedy may have lied during Senate confirmation hearings last year. Wyden stated, "RFK’s platform is built on lies and grifts that leave a trail of dead children in their wake. There are consequences for lying to Congress." The Guardian's report was based on documents obtained through a Freedom of Information Act lawsuit. Wyden plans to urge his Republican colleagues to refer Kennedy to the Department of Justice for investigation. He noted that if Democrats regain control of the Senate, Kennedy would be a priority for accountability regarding his actions while in office.
On the same day, the watchdog group American Oversight sent a letter to the Justice Department requesting an investigation into whether Kennedy made false statements to Congress. Other Democratic officials have also called for Kennedy's removal from office following the revelations.
During his confirmation hearings, Kennedy was questioned about a 2019 trip to Samoa, where he was leading an anti-vaccine group. Documents suggest that Kennedy misrepresented the purpose of the trip, which coincided with a measles outbreak that resulted in 83 deaths, primarily among children under five. In his testimony, Kennedy claimed that his visit had "nothing to do with vaccines," but newly obtained letters indicate he mentioned vaccines multiple times in communications with the Samoan prime minister.
Legal experts have noted that lying to Congress is a crime, regardless of whether the witness is under oath. However, they also pointed out that prosecution would require action from the executive branch. If Democrats regain control of Congress in the upcoming elections, they could potentially use Kennedy's statements as grounds for hearings or an impeachment inquiry.
Senator Ed Markey of Massachusetts stated that the records contradict Kennedy's claims and emphasized that this pattern of behavior jeopardizes public health. Maryland Senator Angela Alsobrooks and Hawaii Governor Josh Green have also reiterated calls for Kennedy to resign or be dismissed from his position.
The federal statute of limitations for lying to Congress is five years, which means a future Justice Department could investigate the matter under a new administration. The Department of Health and Human Services has not yet responded to requests for comment regarding the calls for investigation or removal, but previously stated that Kennedy's trip was unrelated to vaccines and that claims of him lying are false and defamatory. Wyden's staff asserted that the issue of whether Kennedy was under oath is irrelevant, as it is a crime to lie during confirmation hearings regardless.