In his statement later that day, Mr. McCarthy accused the committee of an abuse of power, complaining that it “wants to interview me about public statements that have been shared with the world, and private conversations not remotely related to the violence that unfolded at the Capitol.”
Key Figures in the Jan. 6 Inquiry
Card 1 of 12The House investigation. A select committee is scrutinizing the causes of the Jan. 6 riot at the U.S. Capitol, which occurred as Congress met to formalize Joe Biden’s election victory amid various efforts to overturn the results. Here are some key figures in the inquiry:
Donald Trump. The former president’s movement and communications on Jan. 6 appear to be a focus of the inquiry. But Mr. Trump has attempted to shield his records, invoking executive privilege. The dispute is making its way through the courts.
Kevin McCarthy. The panel has requested an interview with the House Republican leader about his contact with Mr. Trump during the riot. The California representative, who could become speaker of the House after the midterms in November, has refused to cooperate.
Mike Pence. The former vice president could be a key witness as the committee focuses on Mr. Trump’s responsibility for the riot and considers criminal referrals, but Mr. Pence reportedly has not decided whether to cooperate.
Mark Meadows. Mr. Trump’s chief of staff, who initially provided the panel with a trove of documents that showed the extent of his role in the efforts to overturn the election, is now refusing to cooperate. The House voted to recommend holding Mr. Meadows in criminal contempt of Congress.
Scott Perry and Jim Jordan. The Republican representatives of Pennsylvania and Ohio are among a group of G.O.P. congressmen who were deeply involved in efforts to overturn the election. Both Mr. Perry and Mr. Jordan have refused to cooperate with the panel.
Fox News anchors. Texts between Sean Hannity and Trump officials in the days surrounding the riot illustrate the host’s unusually elevated role as an outside adviser. Mr. Hannity, along with Laura Ingraham and Brian Kilmeade, also texted Mr. Meadows as the riot unfolded.
Steve Bannon. The former Trump aide has been charged with contempt of Congress for refusing to comply with a subpoena, claiming protection under executive privilege even though he was an outside adviser. His trial is scheduled for next summer.
Michael Flynn. Mr. Trump’s former national security adviser attended an Oval Office meeting on Dec. 18 in which participants discussed seizing voting machines and invoking certain national security emergency powers. Mr. Flynn has filed a lawsuit to block the panel’s subpoenas.
Phil Waldron. The retired Army colonel has been under scrutiny since a 38-page PowerPoint document he circulated on Capitol Hill was turned over to the panel by Mr. Meadows. The document contained extreme plans to overturn the election.
Jeffrey Clark. The little-known Justice Department official repeatedly pushed his colleagues to help Mr. Trump undo his loss. The panel has recommended that Mr. Clark be held in criminal contempt of Congress for refusing to cooperate.
John Eastman. The lawyer has been the subject of intense scrutiny since writing a memo that laid out how Mr. Trump could stay in power. Mr. Eastman was present at a meeting of Trump allies at the Willard Hotel that has become a prime focus of the panel.
“I have nothing else to add,” he said.
It is extraordinarily rare for lawmakers to face subpoenas regarding their official activities, but the law raises no clear barrier to it, several legal specialists said.
The so-called speech or debate clause of the Constitution, intended to protect the independence of the legislative branch, says that senators and representatives “shall not be questioned in any other place” about any speech or debate in either chamber, and has been broadly interpreted to cover all legislative actions, not just words. On its face, however, that clause is limited to questioning them in “other” places, like courtrooms.
“The speech or debate clause deals with being questioned in another place, and the House is saying here that ‘the facts are within the control of one of our own, and we need him to share them with us,’” said Michael Davidson, a longtime former legal counsel of the Senate under majorities of both parties.
There is also precedent for the House to subpoena its own members in a narrow context. The House Ethics Committee, which is responsible for investigating allegations of misconduct by members, has authority under the chamber’s rules to subpoena members for testimony or documents, and members are required to comply.
The committee rarely discloses its work, so it is not clear how often it has issued such subpoenas; lawmakers facing ethics inquiries often either voluntarily cooperate or resign. Still, there is at least one public example of a lawmaker fighting a Senate Ethics Committee subpoena in court — and losing.
In 1993, Senator Bob Packwood, Republican of Oregon, was facing an investigation into allegations that he had sexually harassed numerous female staff members, and the ethics panel subpoenaed him to turn over certain pages of his personal diary. He balked, arguing that the request was too broad and violated his rights.