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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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Former President Donald Trump, left, and former White House counsel Pat Cipollone

On Wednesday evening the House Select Committee investigating the Trump coup plot issued a subpoena to former White House counsel Pat Cipollone, following blockbuster testimony from former White House aide Cassidy Hutchinson, who said the lawyer had warned of potential criminal activity by former President Donald Trump and his aides.

The committee summons to Cipollone followed long negotiations over his possible appearance and increasing pressure on him to come forward as Hutchinson did. Committee members expect the former counsel’s testimony to advance their investigation, owing to his knowledge of the former president's actions before, during and after the January 6, 2021 attack on the U.S. Capitol.

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Mark Meadows

Donald Trump’s White House Chief of Staff Mark Meadows wanted a presidential pardon. He had facilitated key stages of Trump’s attempted 2020 coup, linking the insurrectionists to the highest reaches of the White House and Congress.

But ultimately, Meadows failed to deliver what Trump most wanted, which was convincing others in government to overturn the 2020 election. And then his subordinates, White House security staff, thwarted Trump’s plan to march with a mob into the Capitol.

Meadows’ role has become clearer with each January 6 hearing. Earlier hearings traced how his attempted Justice Department takeover failed. The fake Electoral College slates that Meadows had pushed were not accepted by Congress. The calls by Trump to state officials that he had orchestrated to “find votes” did not work. Nor could Meadows convince Vice-President Mike Pence to ignore the official Electoral College results and count pro-Trump forgeries.

And as January 6 approached and the insurrection began, new and riveting details emerged about Meadow’s pivotal role at the eye of this storm, according to testimony on Tuesday by his top White House aide, Cassidy Hutchinson.

Meadows had been repeatedly told that threats of violence were real. Yet he repeatedly ignored calls from the Secret Service, Capitol police, White House lawyers and military chiefs to protect the Capitol, Hutchinson told the committee under oath. And then Meadows, or, at least White House staff under him, failed Trump a final time – although in a surprising way.

After Trump told supporters at a January 6 rally that he would walk with them to the Capitol, Meadows’ staff, which oversaw Trump’s transportation, refused to drive him there. Trump was furious. He grabbed at the limousine’s steering wheel. He assaulted the Secret Service deputy, who was in the car, and had told Trump that it was not safe to go, Hutchinson testified.

“He said, ‘I’m the f-ing president. Take me up to the Capitol now,’” she said, describing what was told to her a short while later by those in the limousine. And Trump blamed Meadows.

“Later in the day, it had been relayed to me via Mark that the president wasn’t happy that Bobby [Engel, the driver] didn’t pull it off for him, and that Mark didn’t work hard enough to get the movement on the books [Trump’s schedule].”

Hutchinson’s testimony was the latest revelations to emerge from hearings that have traced in great detail how Trump and his allies plotted and intended to overturn the election. Her eye-witness account provided an unprecedented view of a raging president.

Hutchinson’s testimony was compared to John Dean, the star witness of the Watergate hearings a half-century ago that led to the resignation of President Richard Nixon for his aides’ efforts to spy on and smear Democrats during the 1972 presidential campaign.

“She IS the John Dean of the hearings,” tweeted the Brooking Institution’s Norman Eisen, who has written legal analyses on prosecuting Trump. “Trump fighting with his security, throwing plates at the wall, but above all the WH knowing that violence was coming on 1/6. The plates & the fighting are not crimes, but they will color the prosecution devastatingly.”

Meadows’ presence has hovered over the coup plot and insurrection. Though he has refused to testify before the January 6 committee, his pivotal role increasingly has come into view.

Under oath, Hutchinson described links between Meadows and communication channels to the armed mob that had assembled. She was backstage at the Trump’s midday January 6 rally and described Trump’s anger that the crowd was not big enough. The Secret Service told him that many people were armed and did not want to go through security and give up their weapons.

Trump, she recounted, said “something to the effect of, ‘I don’t f-ing care that they have weapons. They’re not here to hurt me. Take the mags [metal detectors] away. Let the people in. They can march to the Capitol from here.

As the day progressed and the Capitol was breached, Hutchison described the scene at the White House from her cubicle outside the Oval Office. She repeatedly went into Meadows’ office, where he had isolated himself. When Secret Service officials urged her to get Meadows to urge Trump to tell his supporters to stand down and leave, he sat listless.

“He [Meadows] needs to snap out of it,” she said that she told others who pressed her to get Meadows to act. Later, she heard Meadows repeatedly tell other White House officials that Trump “doesn’t think they [insurrectionists] are doing anything wrong.” Trump said Pence deserved to be hung as a traitor, she said.

Immediately after January 6, Hutchinson said that Trump’s cabinet discussed invoking the 25th Amendment to remove a sitting president but did not do so. She also said that Meadows sought a pardon for his January 6-related actions.

Today, Meadows is championing many of the same election falsehoods that he pushed for Trump as a senior partner at the Conservative Partnership Institute (CPI), a right-wing think tank whose 2021 annual report boasts of “changing the way conservatives fight.”

His colleagues include Cleta Mitchell, a lawyer who pushed for Trump to use every means to overturn the election and leads CPI’s “election integrity network,” and other Republicans who have been attacking elections as illegitimate where their candidates lose.

Hutchinson’s testimony may impede Meadows’ future political role, as it exposes him to possible criminal prosecution. But the election-denying movement that he nurtured has not gone away. CPI said it is targeting elections in national battleground states for 2022’s midterms, including Arizona, Georgia, Florida, Michigan, and Pennsylvania.

Trump did not give Meadows a pardon. But in July 2021, Trump’s “Save America” PAC gave CPI $1 million.

Steven Rosenfeld is the editor and chief correspondent of Voting Booth, a project of the Independent Media Institute. He has reported for National Public Radio, Marketplace, and Christian Science Monitor Radio, as well as a wide range of progressive publications including Salon, AlterNet, The American Prospect, and many others.

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