House Minority Leader Kevin McCarthy said Tuesday he will oppose the formation of an independent commission to investigate the Capitol riot.


What You Need To Know

  • House Minority Leader Kevin McCarthy said Tuesday he will oppose the formation of an independent commission to investigate the Capitol riot

  • McCarthy argued the inquiry would duplicate other investigations and reviews already being conducted and interfere with the Justice Department's criminal investigations

  • The California Republican also said a commission should also examine violence during last summer’s racial justice protests

  • The top Democrat and Republican on the House Homeland Security Committee announced Friday they reached an agreement on legislation to create an independent 10-member commission 

In a statement, McCarthy, R-Calif., argued the inquiry would duplicate investigations and reviews already being conducted by the Senate Committee on Homeland Security and Governmental Affairs, the Senate Committee on Rules and Administration, the Office of the Architect of the Capitol and the Justice Department, which has charged nearly 450 suspects.

McCarthy also said the commission “could interfere with and ultimately undermine” the criminal investigations into the attack on the Capitol, when a mob of supporters of former President Donald Trump clashed with police and stormed the building, disrupting certification of Joe Biden’s election win.

On Friday, House Homeland Security Chairman Bennie Thompson, D-Miss., and Rep. John Katko of New York, the panel’s top Republican, announced they reached an agreement on legislation to create a 10-member commission modeled after the investigation into the 9/11 terrorist attacks. The panel would include five members appointed by Democrats and five chosen by Republicans.

House Speaker Nancy Pelosi said a vote is scheduled for Wednesday.

Many House Republicans have insisted that a commission should also examine violence during last summer’s racial justice protests, a point McCarthy reiterated in his statement. 

“Finally, the renewed focus by Democrats to now stand up an additional commission ignores the political violence that has struck American cities, a Republican Congressional baseball practice, and, most recently, the deadly attack on Capitol Police on April 2, 2021,” McCarthy said. “The presence of this political violence in American society cannot be tolerated and it cannot be overlooked. I have communicated this to our Democrat colleagues for months and its omission is deeply concerning.

McCarthy also accused Pelosi of playing “political games” and not negotiating the parameters of a commission in good faith. 

“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," he said.

Pelosi said in a statement that Democrats made repeated attempts to seek a bipartisan compromise and granted all three requests McCarthy made in a Feb. 22 letter. 

"But Leader McCarthy won’t take yes for an answer," she said. 

“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," Pelosi added.

Senate Majority Leader Chuck Schumer pledged to bring the measure to the Senate floor for a vote: "Republicans can let their constituents know: Are they on the side for truth or are they going to cover up?"

Despite the House Minority Leader's opposition, Mitch McConnell, the Senate's Minority Leader, signaled openness on the commission, but said that Senate Republicans "are undecided about the way forward."

"We had a good discussion at lunch about the January 6th Commission," McConnell said, flanked by the Senate GOP leadership. "I think I'm safe in characterizing our conference as willing to listen to the arguments about whether such a commission is needed."

"I'm not saying that we decided this should not go forward, but if it's going to go forward it needs to be clearly balanced and not tilted one way or the other, so we have an objective evaluation," McConnell said, adding: "We want to read the fine print and if the Majority Leader puts it on the floor, we'll react accordingly."

The Republican House leader’s statement, breaking with Katko, comes less than a week after the party ousted Rep. Liz Cheney, R-Wyo., from her leadership position and vowed a more unified front. 

In a statement emailed to Spectrum News on Tuesday, Katko said: "I am confident Chairman Thompson and I negotiated a solid, fair agreement that is a dramatic improvement over previous proposals that sought to politicize a security review of the Capitol. I recognize there are differing views on this issue, which is an inherent part of the legislative process and not something I take personally."

"However, as the Republican Leader of the Homeland Security Committee, I feel a deep obligation to get the answers U.S. Capitol Police and Americans deserve and ensure an attack on the heart of our democracy never happens again," he continued.

In announcing the agreement with Katko last week, Thompson said the commission is needed because “the January 6th attack is of a complexity and national significance.” 

The Biden administration said Tuesday in a statement of support for the measure that the nation "deserves such a full and fair accounting to prevent future violence and strengthen the security and resilience of our democratic institutions."

"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," a White House statement said. "While the Federal Government has already begun taking action to improve the safety and security of the U.S. Capitol, the Administration supports the proposed bipartisan, independent National Commission to study and investigate the facts and circumstances surrounding the January 6, 2021 attack on the Capitol."

The legislation is expected to clear the House but could run into problems in the Senate, where it would need the backing of 10 Republicans to pass.

Under the agreement, the commission would examine the facts and circumstances surrounding the Jan. 6 attack on the Capitol as well as influencing factors that might have provoked the attack. The commissioners would have subpoena power and must submit a report detailing their findings to Congress by Dec. 31.

The members would have significant expertise in the areas of law enforcement, civil rights, civil liberties, privacy, intelligence and cybersecurity. Current government officers or employees would not be eligible.

This article was updated to include additional information.