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Rep. Jim Jordan

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More than a week after receiving a subpoena from the House Select Committee, Rep. Jim Jordan of Ohio has responded by telling investigators he will consider complying if they meet a list of his demands, including that the probe share any information it has on him that prompted the subpoena.

In a six-page letter to Committee Chair Bennie Thompson littered with accusations that the probe is unconstitutional, the Ohio Republican said he would “adequately” respond if investigators provided, in advance, “all documents, videos, or other material” they anticipate using during his possible deposition.

He has also demanded that the committee give him all other materials it has where he is specifically referenced and any legal analyses the panel has accumulated pertaining to the constitutionality of subpoenaing a fellow member of Congress.

A spokesperson for the committee did not immediately respond to a request for comment Thursday.

In related news: On Thursday, Politico was first to get its hands on a letter from at least 20 former House Republicans urging GOP Leader Kevin McCarthy and other Republicans subpoenaed by the select committee to comply with the requests.

Addressing the letter to McCarthy and Reps. Andy Biggs, Mo Brooks, Jim Jordan, and Scott Perry, the former Republican lawmakers stressed that they understood the rarity of a “congressional investigative body” issuing a subpoena to sitting lawmakers.

But, they wrote, “we also recognize that the subject of this inquiry is unprecedented in American history.”

“A full and honest accounting of the attack and its causes is critical to preventing future assaults on the rule of law and American institutions — and ensuring that we all can move forward,” the letter states.

The committee first asked Jordan to voluntarily cooperate in December, highlighting questions it had for him about his contact with former President Donald Trump before, during, or after the insurrection at the U.S Capitol.

Historically, Jordan’s public response to these questions has been wildly inconsistent. Last summer Jordan told Fox News he spoke to Trump on January 6. When asked the same question a day later by a reporter from a different outlet, Jordan initially couldn’t recall if or when he spoke to Trump on January 6.

But he ultimately bumbled through the question and said he “thought” he spoke with Trump after the attack.

Then, a month after that interview, Jordan told Politico he spoke to the former president during the attack. And last October, when testifying before the House Rules Committee, Jordan was adamant that he spoke to Trump after the attack but he also said he couldn't remember how many times he spoke to Trump that day, either.

It was only after several minutes of House Rules Committee Chair Jim McGovern (D-MA) pushing Jordan to get specific that he stated he did not talk to Trump during the Capitol assault.

Last February, the committee investigating the insurrection obtained White House call records from the National Archives that showed Trump attempting to reach Jordan on the morning of January 6 from the White House residence.

Another entry following it noted the call lasted for 10 minutes.

When this news broke in February and reporters asked Jordan yet again if he remembered speaking to Trump before the insurrection, he responded: “I don’t recall.”

But he did say that he talked to Trump after delivering remarks on the House floor for roughly five minutes on January 6.

Legislators were debating objections to Biden’s electoral vote in Arizona and Jordan’s remarks began just after 1:30 PM. Jordan then spoke again from the House floor hours after the riot had subsided, this time around 10:27 PM.

"I know I talked to him after we left off the floor," Jordan told CNN in February.

Investigators also want to ask Jordan about any communication he was privy to that took place at the Willard Hotel on the eve of the attack or on Jan. 6 itself.

Trump’s legal team established a “war room” at the Willard, an upscale venue just blocks from the White House. Using a block of suites there, the president’s attorneys, advisers, and campaign strategists would meet regularly to hash out a strategy to overturn the 2020 election results.

Public reporting, witness testimony, and court records have indicated it was Rudy Giuliani, John Eastman, Bernie Kerik, Steve Bannon, Roger Stone, Michael Flynn, and others who convened there, though it is critical to note that they were far from the only Trump aides, attorneys, or insiders who frequented the room.

All told, it has been estimated that up to 30 people attended meetings at the Willard where the overturn—and “alternate elector”—strategy was discussed in detail.

In his response to the committee’s subpoena, Jordan argues at length that neither the subpoena nor the committee are constitutional. His argument has become a de facto position for Republicans who have faced the probe’s scrutiny.

Though Jordan claims the panel’s request is invalid because the committee does not have proper representation of Republican members appointed by GOP leader Kevin McCarthy, Jordan fails to note that when he had a chance to vote in favor of a wholly bipartisan committee—evenly split between Republicans and Democrats with even subpoena powers—he voted against it.

McCarthy appointed Jordan to serve on the initial bipartisan committee proposed by Democratic leaders. Speaker of the House Nancy Pelosi rejected Jordan—and Rep. Jim Banks—and asked McCarthy to advance two new nominees to the pool of five GOP members he was permitted to appoint.

McCarthy refused to do so, negotiations ended, and the hopes of an evenly split committee were dashed.

As for the select committee itself, it was, in fact, also properly formed.

To stand up a special committee in the House, congressional rules dictate that a resolution is drafted and voted on. When lawmakers in the House drafted the resolution to form the special committee in 2021, this is exactly what happened: They wrote a resolution, imbued the committee with the power to have subpoena authority, and dictated the membership terms.

The House voted on it and a majority of lawmakers voted in favor of it.

A federal judge in California last January has dismissed similar claims about the committee’s unconstitutionality from election subversion strategist John Eastman.

“The public interest here is weighty and urgent. Congress seeks to understand the causes of a grave attack on our nation’s democracy and a near-successful attempt to subvert the will of the voters. Congressional action to ‘safeguard [a presidential] election’ is ‘essential to preserve the departments and institutions of the general government from impairment or destruction, whether threatened by force or by corruption,’” U.S. District Judge David Carter wrote earlier this year.

And just a few weeks ago, on May 2, in a different court—this one in Washington, D.C.—a federal judge handily dismissed a lawsuit by the Republican National Committee (RNC) brought against the January 6 probe to stop it from obtaining information about fundraising efforts the RNC premised on Trump’s bogus claim that he won the election.

Among allegations that the probe was engaging in a fishing expedition for sensitive party information, the RNC also argued that the select committee was invalid and its subpoena powers unenforceable.

“The subpoena’s valid legislative purpose is apparent enough to sustain it against this challenge,” U.S. District Judge Timothy Kelly wrote.


Reprinted with permission from Daily Kos.

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  • 1.Why did Trump choose to hide certain specific files and not others at Mar-a-Lago? What were the criteria that Trump used to keep some files concealed and not others? Who selected those files? Did Trump consult or direct anyone in his selection of secret files? Trump was notorious for being too impatient to read his briefing papers, even after they had been drastically shortened and simplified. Is there the slightest evidence that he spirited these papers away so that he could consult or study them? Who besides Trump knew of the presence of the files he had concealed at Mar-a-Lago?
  • 2. Mar-a-Lago has an infamous reputation for being open to penetration even by foreign spies. In 2019, the FBI arrested a Chinese woman who had entered the property with electronic devices. She was convicted of trespassing, lying to the Secret Service, and sentenced and served eight-months in a federal prison, before being deported to China. Have other individuals with possible links to foreign intelligence operations been present at Mar-a-Lago?
  • 3. Did members of Trump's Secret Service detail have knowledge of his secret storage of the files at Mar-a-Lago? What was the relationship of the Secret Service detail to the FBI? Did the Secret Service, or any agent, disclose information about the files to the FBI?
  • 4. Trump's designated representatives to the National Archives are Kash Patel and John Solomon, co-conspirators in the investigations into Russian interference in the presidential election of 2016, the Ukraine missiles-for-political dirt scandal that led to the first impeachment in 2019, and the coup of 2020. Neither has any professional background in handling archival materials. Patel, a die-hard Trump loyalist whose last job in the administration was as chief of staff to the Acting Secretary of Defense, was supposedly involved in Trump’s “declassification” of some files. Patel has stated, “Trump declassified whole sets of materials in anticipation of leaving government that he thought the American public should have the right to read themselves."
  • The White House counsel failed to generate the paperwork to change the classification markings, but that doesn’t mean the information wasn’t declassified.” If Pat Cipollone, the White House legal counsel, did not “generate the paperwork,” was he or anyone on his staff aware at all of the declassifications? The White House Staff Secretary Derek Lyons resigned his post in December 2020. Did his successor, who held the position for a month, while Trump was consumed with plotting his coup, ever review the material found in Trump’s concealed files for declassification? Or did Patel review the material? Can Patel name any individual who properly reviewed the supposed declassification?
  • 5. Why did Trump keep his pardon of Roger Stone among his secret files? Was it somehow to maintain leverage over Stone? What would that leverage be? Would it involve Stone's role as a conduit with the Proud Boys and Oath Keepers during the coup? Or is there another pardon in Trump’s files for Stone, a secret pardon for his activities in the January 6th insurrection? Because of the sweeping nature of the pardon clause, pardons can remain undisclosed (until needed). Pardons are self-executing, require no justification and are not subject to court review beyond the fact of their timely execution. In other words, a court may verify the pardon was valid in time but has no power to review appropriateness. A pardon could even be oral but would need to be verifiable by a witness. Do the files contain secret pardons for Trump himself, members of his family, members of the Congress, and other co-conspirators?
  • 6.Was the FBI warrant obtained to block the imminent circulation or sale of information in the files to foreign powers? Does the affidavit of the informant at Mar-a-Lago, which has not been released, provide information about Trump’s monetization that required urgency in executing the warrant? Did Trump monetize information in any of the files? How? With whom? Any foreign power or entity? Was the Saudi payment from its sovereign wealth fund for the LIV Golf Tournament at Trump’s Bedminster Golf Club for a service that Trump rendered, an exchange of anything of value or information that was in the files? If it involved information in the files was it about nuclear programs? Was it about the nuclear program of Israel? How much exactly was the Saudi payment for the golf tournament? The Saudi sovereign wealth fund gave Jared Kushner and former Trump Secretary of the Treasury Steven Mnuchin $2 billion for their startup hedge fund, Affinity Partners. Do the Saudis regard that investment as partial payment for Trump’s transfer of nuclear information? Were Kushner or Mnuchin aware of the secret files at Mar-a-Lago?
  • 7.Did Trump destroy any of the files? If so, when? Did those files contain incriminating information? Did he destroy any files after he received the June subpoena?
  • 8.Were any of the secrets of our allies compromised? Has the U.S. government provided an inventory of breaches or potential breaches to our allies?
  • 9.Does the resort maintain a copying machine near the classified documents that Trump hid? Were any of the documents copied or scanned? Are Trump’s documents at Mar-a-Lago originals or copies? Were any copies shown or given to anyone?
  • 10.Trump’s lawyer Christina Bobb has revealed that a video surveillance system covers the places where Trump hid the files at Mar-a-Lago, and that the system is connected to a system at his other residences at the Bedminster Golf Club in New Jersey and Trump Tower in New York City. According to Bobb, Trump and members of his family observed the FBI search and seizure of his files at Mar-a-Lago, “actually able to see the whole thing” through their surveillance system. Who has that surveillance system recorded entering the rooms where the files were kept?

Kevin Bacon, right, in "The Following"

The aftermath of the August 8, 2022 search of the Mar-a-Lago club, former President Donald Trump’s Florida home, isn’t the first showdown between the FBI and a cult leader.

The Following, a 2013 Fox Pictures series, played out in similar fashion. Three seasons was enough for the producers and it’s been nine years since our introduction to Joe Carroll, English professor-novelist-serial killer, so there’s a spoiler risk -- but not enough to prevent the comparison.

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