The Jan. 6 select panel’s subpoenas of 5 House Republicans is a huge risk by any measure — it could fail to yield new evidence while piling additional stress on an institution already buckling under partisan strain
And the committee is operating on an expedited timeline. It’s scheduled about two weeks of highly anticipated public hearings on the insurrection and the run-up to it, beginning June 9. Members are hoping to lay out the bulk of their findings in what they say will be a multimedia-heavy presentation.
Should one or more of the five subpoenaed House Republicans legally challenge their subpoenas, it could create a legal confrontation at the same time the committee launches its carefully crafted schedule of public hearings. Congressional committees have subpoenaed lawmakers before almost entirely in the context of ethics investigations, but the Jan. 6 committee’s summonses are a significant effort to expand that power.
Federal courts have so far reacted coolly to those claims. U.S. District Court Judge Tim Kelly, a Trump appointee, recently swept aside similar arguments in a lawsuit brought by the Republican National Committee, and at least two other judges have reached similar conclusions. “For people who don’t take the rule of law seriously, a subpoena has no more meaning than a sticky note,” Raskin said. “But for people who do take the rule of law seriously, a subpoena has some legitimacy and moral force to it.”
Congressional investigators have already completed hundreds of interviews with witnesses and obtained thousands of documents, so even if the panel failed to obtain the testimony from the five GOP lawmakers, Thompson indicated their final report could stand on its own. Brooks, for example, essentially dared Jan. 6 investigators to subpoena him earlier this month and vowed at the time to “fight.” But on Thursday, after criticizing the panel as a “witch hunt,” he said he would consult with the other four GOP targets about a unified response.
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