McCarthy’s lawyer, Elliot S. Burke, criticized the committee from all angles, claiming that the summons issued to lawmakers is not constitutional or valid because it failed to meet certain legal requirements.
The Republican leader’s argument that the committee is not legally or constitutionally valid has been followed by a number of subpoena targets that have attempted to make legal claims that they are not required to comply with. Judges have rejected that argument.
US District Court Judge Tim Kelly recently said in a case involving the committee’s request for documents from the Republican National Committee and one of its vendors, that the request is within its purview as a legislative body.
Burke focused specifically on the makeup of the committee, claiming that it was partisan in nature and did not have the necessary input from House Republicans to issue subpoenas to members of Congress.
Concentrating on the committee’s investigative focus, Burke accused the committee of using the federal government to “attack alleged political rivals” and warned that its actions could “open Pandora’s box and destroy this institution.” Can be damned for partisan ‘investigation’.”
He said McCarthy had no new information to offer the committee, and suggested that the panel should ask Cheney, who served as GOP convention chairman during that time period, to discuss with McCarthy the committee. wants to do so, if he wants more insight into the House Republican leadership.
In the letter, McCarthy’s lawyer also said that some members of the panel are overreacting by claiming to act like law enforcement. The panel has clarified that its role is not to prosecute any crime, but to refer any offense that its investigation reveals, if any, to the Department of Justice.
“In structure, in conduct, in press releases, public statements, interviews and correspondence, the Select Committee is clearly not operating within the limits of any legislative objective,” Burke wrote. “Its sole purpose appears to be to gain political points or to harm its political opponents—to act like the campaign committee of the Democratic Congress on one day and the Department of Justice the next.”
Burke put forward McCarthy’s demands that he wish to fulfill before considering proceeding with the summons. They include: providing both a legal and constitutional rationale for what topics and documents the panel plans to use in a statement, naming the ranking minority member who was consulted before issuing the summons to Republican lawmakers. and who shall be the ranking minority member and counsel in a statement, and shall limit any statement to one hour per side, alternating between minority and majority counsel.
In its initial letter to McCarthy in January seeking his voluntary cooperation, the panel clarified that it intended to question him about his communications with Trump, White House staff and others in the week following the January 6 attacks. was, “particularly about President Trump’s state of mind at the time.”
The committee also wanted to understand how McCarthy’s public remarks since the attack had changed over time from criticism of Trump to his defense and questioned whether Trump would change his tone when the pair met in late January 2021. was pressured to
Since the panel’s letter to McCarthy, new audio revealed that in the days following the rebellion, the minority leader had considered asking Trump to resign. The audio also highlighted how McCarthy told Republican lawmakers on a private conference call that Trump had accepted to bear some responsibility for the deadly attack.
The panel first reached out to Jordan, one of Trump’s staunch allies, on Capitol Hill in December about his communications with Trump on January 6, and with Trump aides who were stationed in the Willard Hotel war room in the coming days. to attack.