The House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol referred House GOP Leader Kevin McCarthy (R-Calif.) and three other Republican members of Congress to the House ethics committee for sanctions Monday after they refused to comply with the committee’s subpoenas.
The panel sought testimony from McCarthy, a key ally of former President Donald Trump who held multiple conversations with him during and after the Jan. 6 insurrection. The panel also wanted to hear from several GOP lawmakers who were involved in efforts to overturn the 2020 presidential election, including Reps. Jim Jordan (Ohio), Scott Perry (Pa.), Andy Biggs (Ariz.) and Mo Brooks (Ala.). Brooks is retiring and was not referred to the ethics committee on Monday.
The January 6 committee said the lawmakers’ refusal to comply with subpoenas “reflects discredit on Congress.”
“If left unpunished, such behavior undermines Congress’s longstanding power to investigate in support of its lawmaking authority and suggests that Members of Congress may disregard legal obligations that apply to ordinary citizens,” the panel said in a document released Monday that also handed down criminal referrals for Trump and others.
The referral of the four Republican members is largely symbolic, however. The House ethics committee consists of an equal number of Democrats and Republicans, and the GOP members on the panel are unlikely to agree to investigate their own members over the matter ― particularly McCarthy, the top House GOP member, who is running to become speaker.
Jordan took part in “Stop the Steal” rallies ahead of Jan. 6, 2021, spreading falsehoods that the 2020 election was “stolen,” which fueled anger among Trump supporters who gathered in the nation’s capital to lay siege to Congress. The Ohio Republican also urged former Vice President Mike Pence not to certify legitimate electoral votes on Jan. 6.
Jordan is set to lead GOP investigations into the Biden administration as chairman of the House judiciary committee next year. He will likely rely on the same power ― that of the congressional subpoena ― that he has so far resisted from the Jan. 6 committee.
Perry was deeply involved in Trump’s attempt to overturn the election, connecting the former president with a Justice Department lawyer who supported Trump’s efforts. He later sought a presidential pardon just before Trump left office, according to the January 6 committee.
Biggs, who is running a bid aimed at denying McCarthy the speakership next year, also sought a presidential pardon after he took part in the plot to overturn the 2020 presidential election.
During its final hearing on Monday, the January 6 committee laid out four criminal charges it recommends the Department of Justice levy against Trump: obstructing an official proceeding, conspiring to defraud the United States, conspiring to make false statements, and inciting an insurrection against the United States.
“Ours is not a system of justice where foot soldiers go to jail and the masterminds and ringleaders get a free pass,” Rep. Jamie Raskin (D-Md.) said during the proceedings.