The House committee investigating the Capitol riot issued subpoenas this week to several GOP House members, including GOP House leader Kevin McCarthy.
They debated it for months, “wrestling with whether they had the constitutional right to do so, and … if they wanted to set such a precedent,” and did it because they believe the individuals may have “relevant information.” But only after first inviting the five men to meet with the committee voluntarily. They refused. (Read story here.)
In short, it was carefully considered, for a legitimate purpose, and undertaken only after other alternatives were exhausted.
Now, the Republicans are threatening to retaliating by “issuing subpoenas to Speaker Nancy Pelosi and other top Democrats” if they win a House majority in November.
Rep. Buddy Carter (R-GA) explained, “we’re just not gonna lie down and let this happen.” CNN says, “Several other Republicans said Friday there is broad support within the conference to go after Pelosi.” (Read story here.)
The Democrats are conducting a legitimate investigation. The Capitol riot by Trump supporters on Jan. 6, 2021, really happened. It’s an event like no other in American history. It was very serious; people died, police were assaulted, and the mob was trying to overturn a presidential election by force and violence.
Republicans were invited to participate, but boycotted the committee. They’ve refused to cooperate with investigative efforts, and have downplayed or whitewashed the riot. Most GOP House members voted against certifying the election, and many continue to peddle election lies. Nearly everything they’ve done since Jan. 6, 2021, has been illegitimate.
On the Republican side, they’re not even trying to disguise their threats to subpoena Pelosi and other Democrats as anything but retaliation. That’s illegitimate, too.
Whoever controls the House can’t enforce subpoenas on their own. There are several ways to do it (explained here), but the most commonly used one in modern times is to work through the courts via the Department of Justice. I can’t see the GOP’s threatened subpoenas making it to first base under that system. Their party doesn’t control DoJ, nor would any but a brazenly political judge (if there is one) uphold such a subpoena.
Traditionally, congressional subpoenas have been worked out by a process of negotiation. Don’t expect that to happen here. The Republicans will stonewall, and will only testify if they’re forced to. And if they are, my guess is they’ll invoke the Fifth Amendment, because they sure don’t look innocent to me.