Senator calls for criminal investigation of RFK Jr.

Sen. Ron Wyden is calling for a criminal investigation of Health Secretary Robert F. Kennedy Jr. after newly obtained letters contradict his Senate confirmation testimony that a 2019 Samoa trip had "nothing to do with vaccines." Democratic lawmakers and watchdog groups are now pressing for a Justice Department referral. The documents, revealed by The Guardian and the Associated Press, show RFK Jr. explicitly sought to study MMR vaccines before the visit that preceded a deadly measles outbreak.

Democratic lawmakers and watchdog groups say the discrepancy raises serious questions about whether Kennedy misled Congress during hearings that paved his path to lead the Department of Health and Human Services.

Key Takeaways

• Newly obtained letters show RFK Jr. wrote to Samoa's prime minister about studying MMR vaccines before his 2019 visit.
• Kennedy told senators during confirmation hearings the trip had "nothing to do with vaccines."
• Sen. Ron Wyden is pressing for a criminal referral to the Justice Department.
• American Oversight has asked the DOJ to investigate whether Kennedy made false statements to Congress.
• Months after Kennedy's visit, a measles outbreak in Samoa killed 83 people, mostly children under five.

What did the new documents reveal about RFK Jr.'s Samoa trip?

The letters were obtained through a Freedom of Information Act lawsuit by The Guardian and the Associated Press. In a Jan. 20, 2019 letter on Children's Health Defense letterhead, Kennedy told then-Prime Minister Tuilaepa Sailele Malielegaoi he wanted his team to conduct a "detailed health informatics assessment" of what happened with Samoa's MMR vaccines.

He used the words "vaccine" or "vaccination" eight times and speculated the deaths of two children might have resulted from manufacturing issues. The prime minister welcomed the visit in a reply that included a U.S. Embassy representative.

Kennedy traveled to Samoa in May and June 2019 with his wife and a CHD colleague. By then, Samoa had resumed vaccinations after a 10-month pause triggered by the two infant deaths, which courts attributed to nurses' malpractice rather than a defective vaccine.

What did RFK Jr. tell Congress during his confirmation hearings?

During two Senate confirmation hearings last year, Kennedy repeatedly denied vaccines motivated the trip. When Sen. Wyden asked about the visit, Kennedy said: "I went there, nothing to do with vaccines."

The following day, Sen. Ed Markey pressed him again. Kennedy replied: "My purpose in going down there had nothing to do with vaccines." He was not under oath, but legal experts note that knowingly giving material false testimony to Congress remains a crime regardless.

The Senate confirmed Kennedy 52-48 after Republican Sen. Bill Cassidy backed him based on pledges to maintain vaccine policies. Cassidy has since said those commitments were violated.

Why is Senator Wyden calling for a criminal investigation?

Wyden, the top Democrat on the Senate Finance Committee, said: "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."

He told The Guardian he will press Republican colleagues controlling the Senate to issue a criminal referral to the Justice Department. The government watchdog American Oversight also sent a letter Thursday requesting an immediate DOJ investigation.

Markey called the records proof Kennedy "lied to the Senate, lied to the American people and jeopardized the health of children." Other Democrats, including Angela Alsobrooks and Hawaii Gov. Josh Green, renewed calls for Kennedy to resign.

What happens next?

HHS denied the allegations in a prior statement, saying the Samoa visit "was unrelated to vaccines" and calling claims Kennedy lied "outright defamatory." The department did not immediately respond to new calls for investigation.

Georgetown law professor Josh Chafetz said prosecution would require the executive branch to act, and Trump's Justice Department is unlikely to pursue the case. The five-year statute of limitations could allow a future administration to investigate after 2029.

If Democrats win congressional majorities in November, attorneys said Kennedy's statements could fuel hearings, impeachment inquiries, or other oversight. For more on accountability cases involving public officials, see our True Crime & Unsolved Mysteries coverage.