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House Republicans line up against bipartisan Jan. 6 commission | TribLIVE.com
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House Republicans line up against bipartisan Jan. 6 commission

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House Minority Leader Kevin McCarthy, R-Calif., and fellow Republicans gather at the Capitol in Washington.

WASHINGTON — House Rules Committee Chairman Jim McGovern on Tuesday questioned House Minority Leader Kevin McCarthy’s fitness to lead after he came out in opposition to establishing a Jan. 6 commission to investigate the insurrection of that day, a measure the Rules panel teed up for floor debate on Wednesday despite Republican critiques.

“And so, I guess what’s frustrating to me is that this doesn’t seem to be a disagreement over substance or over policy, but I do think this is an issue of character,” the Massachusetts Democrat said of McCarthy. “I really do.”

The closed rule, which was reported 9-4 on a party line vote, will allow for one hour of general debate.

Congressional Democrats and the White House support the legislation, which was agreed to by the top members from each party on the House Homeland Security Committee: Chairman Bennie Thompson, D-Miss., and ranking member John Katko, R-N.Y.

Thompson testified that he made concessions in order to make the commission work, because he understands how much the country needs the independent panel.

“When those individuals attacked the Capitol, they came for the vice president, who was a Republican; they came for the speaker, who is a Democrat,” Thompson said, noting the rioters didn’t ask about party affiliation. “You know, they came for what we represent as a nation, and I think that’s what we have to defend by having this commission front and center in providing advice and counsel.”

Despite the deal being publicly opposed by McCarthy, the top Republican in the House, Katko said he respects the dissent from colleagues in his conference and that he hopes there will be “a considerable amount” of GOP support.

“At the end of the day, it’s what’s good for the country,” Thompson said of his work with Katko.

Katko said Thompson went out of his way to work with him. “He’s in the majority, and I give him even more credit because he didn’t have to bend if he didn’t want to, but he did,” Katko said.

The legislation would establish a bipartisan, independent commission to investigate the attack, which would have similar parameters as the 9/11 Commission. It would create a 10-person bipartisan panel.

Five members would be appointed by Democrats and five by Republicans. The chair would be appointed jointly by Speaker Nancy Pelosi and Senate Majority Leader Charles E. Schumer, while the vice chair would be appointed by McCarthy and Senate Minority Leader Mitch McConnell.

Prior to the start of the hearing, McCarthy said he does not support the bill. The California Republican claimed Democrats refused to negotiate in good faith, that the bill would interfere with prosecutorial efforts, and that committees of jurisdiction are already investigating, adding that the scope needs to be broader than the insurrection to include other iterations of political violence.

“Given the political misdirections that have marred this process, given the now duplicative and potentially counterproductive nature of this effort, and given the Speaker’s shortsighted scope that does not examine interrelated forms of political violence in America, I cannot support this legislation,” McCarthy said in a statement.

Pelosi said Democrats repeatedly tried to work with McCarthy.

“Democrats made repeated efforts to seek a bipartisan compromise. But Leader McCarthy won’t take yes for an answer. In his February 22 letter, he made three requests to be addressed in Democrats’ discussion draft. Every single one was granted by Democrats, yet he still says no,” Pelosi said in a statement. “The American people expect and deserve the truth about what happened on January 6th in a manner that strengthens our Democracy and ensures that January 6th never happens again.”

McCarthy’s sentiments were echoed by Republicans on the Rules panel. Rep. Tom Cole, the top Republican on Rules, said he is concerned about the scope of the panel.

“Obviously, on our side, or for at least some members there is concern about the scope,” the Oklahoma Republican said.

Katko said the commission could have the flexibility to include components outside of the Jan. 6 attack. “How much that commission will exercise that flexibility, that depends on the commissioners,” he said.

Schumer expressed sympathy for his fellow New Yorker, Katko.

“It shows how hard it is to negotiate with Republicans. If the Republican leaders are just going to throw their lead negotiators under the bus, why do they even participate in negotiations at all?” the New York Democrat said Tuesday after the Senate party lunches.

He added that the legislation would get a vote on the Senate floor. “I want to be clear, I will put the January 6 Commission legislation on the floor of the Senate for a vote. Period. Republicans can let their constituents know: Are they on the side of truth, or do they want to cover up for the insurrectionists and for Donald Trump?” he said.

If enacted, the commission would be charged with investigating the facts and circumstances around the insurrection by a pro-Trump mob and factors that might have incited the attack. Those working in government would not be allowed to serve, and potential commissioners must have expertise in law enforcement, civil rights, civil liberties, privacy, intelligence and cybersecurity.

The White House made known its support on Tuesday morning.

“The Administration supports H.R. 3233, a bill to establish a National Commission to investigate the January 6, 2021 attack on the United States Capitol Complex,” the White House Statement of Administration Policy said. “The attack on the Capitol on January 6, 2021, was an unprecedented assault on our democracy, an effort to undo the will of the American people and threaten the peaceful transition of power.”

The panel would have subpoena power, and how that would be used would require agreement between the chair and vice chair or a majority vote of the commission, similarly to the 9/11 commission. The commission would have to issue a final report with findings on the facts and causes of the attack and recommendations to prevent future attacks, due by Dec. 31, 2021.

House Majority Leader Steny H. Hoyer said McCarthy got much of what he wanted in the agreement on the commission, including an equal number of commissioners appointed from each side and that subpoena power would be shared and not unilaterally issued, which is included in the agreement.

“For Minority Leader McCarthy to oppose it because he wants to look at, as a number of the people who think that this was a tourist visit to the Capitol of the United States do, want to look at antifa, Black Lives Matter, and perhaps other groups that they don’t like — that’s not what this commission is about. And many, many Republicans have talked to me and believe it ought to be focused on January 6,” the Maryland Democrat told reporters. The “tourist visit” reference harks to statements by Rep. Andrew Clyde, R-Ga., who, despite helping barricade the House chamber on Jan. 6 from the insurgents, has since tried to cast doubt on the nature of the attack on Congress.

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