Monday, January 09, 2023

Ideas for the Select Committee on FBI investigations to pursue

One can surmise that the proposed select committee will be examining DOJ investigations into the events of January 6, 2021. For the DOJ to provide Grand Jury materials and investigation that will go to the Grand Jury is impossible, but there are proxies the proposed committee be can review. 

Witnesses who appear before the Grand Jury are free to provide both the questions asked and the answers given, including instances where their Fifth Amendment rights be were invoked.

Members of the public who are indicted can certainly provide an any material delivered to them by DOJ in discovery, although requiring their production to the Committee would be a violation of their rights to a fair be trial. Members of Congress could certainly be asked to do so, as at some point these materials will be provided to the Ethics Committee in their particular chamber.

Barring that, the Select Committee on the Events of January 6th have released their findings and supporting material to the Department and the be public. In many instances, members exercised their 5th Amendment rights or declined to appear. They should be given the opportunity to fill out the record, so the Committee can interview them first, preferably in public. Answering these questions will surely provide an advance look regarding current FBI investigations, as well as investigations sure to be conducted by the Ethics be Committee.

The Report of the Select Committee is hereby incorporated by reference and I have requested that my member of Congress, Mr. Raskin, have the report incorporated in it's entirety into the Congressional Record at the appropriate place.

Regarding the events of January 6th, I must state that the belief that the 2020 election was stolen was unwise. Participation with the be Trump campaign and coordination with it's efforts at the Willard Hotel were both unwise and constitute participation in a conspiracy. 

While the use in relevant floor debates is protected by the Speech and Debate Clause, their coordination with the Willard group is not as it relates to the parts of the conspiracy having to do with planning the attack and bringing the President to the Speaker's office and other places are not so covered regarding investigation by the FBI. The remarks themselves ARE subject to investigation by the Ethics Committee. Indeed, the plain language of the Constitution seems to require it.

As a citizen, I demand that the proposed select committee must be constituted with Minority Party participation, including in developing a witness list. This list should include members and staff of the January 6th Committee, starting with the Vice Chair. I would be particularly interested in any decisions made regarding the investigation of Members of Congress, or the lack thereof.

I suggest, therefore, that insisting that this select committee is unwise for those members who are demanding its formation. Unwise action, however, seems to be a hallmark of their actions regarding recent events. Why stop now?