Occupy Capitol Hill

For John, BLUF:  I suspect this scab will be picked at a lot between now and the Anniversary, in a couple of weeks.  Nothing to see here; just move along.

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Another Lawsuit Holds The Key To Trump’s Best Defense Against The Jan. 6 Committee

Here is the sub-headline:

Because House Speaker Nancy Pelosi failed to appoint the requisite number of members, the Jan. 6 committee is arguably invalid under its own authorizing resolution.

From The Federalist, by Reporter Margot Cleveland, 10 December 2021.

Here are the four key paragraphs:

House Resolution 503 created the January 6, 2021, Select Committee, Meadows’s argument begins, then stressing that Section 2(a) of that resolution requires House Speaker Nancy Pelosi to “appoint 13 Members to the Select Committee, 5 of whom shall be appointed after consultation with the minority leader.” But “Speaker Pelosi has appointed only nine members to the Select Committee: seven Democrats and two Republicans,” the complaint alleges.  “None of these members was appointed from the selection of five GOP congressman put forth by Minority Leader Kevin McCarthy,” Meadows’s lawsuit continues.

Because Speaker Pelosi failed to appoint the requisite number of members, as mandated by House Resolution 503, it was “not a duly constituted Select Committee,” Meadows’s lawsuit argues.  Without establishing a duly constituted Select Committee, as mandated in the Resolution, the nine members lack the authority to act under House Resolution 503, the argument continues, including by issuing subpoenas under Section 5(c)(6) of House Resolution 503.

The D.C. Circuit Court of Appeals ignored the problem caused by Pelosi’s unprecedented refusal to seat Republican Reps. Jim Jordan and Jim Banks, which led to only two representatives with Rs behind their names, Liz Cheney of Wyoming and Adam Kinzinger of Illinois, agreeing to serve on the committee.

Further, while House Resolution 503 provides for business to be conducted by a quorum of members, the problem here is not the number of members participating but the number of congressmen appointed to the committee.  Also, because House Resolution 503 requires the appointment of 13 members, Pelosi’s failure to appoint the requisite number of committee members means the select committee was never properly constituted.  That failure, Meadows’ lawsuit argues, renders the Select Committee invalid and without the authority to issue subpoenas.

This whole House Select Committee strikes me as more therater than factfinding.

I hope that all of us can focus on protecting our Republic and retain a little trust in our fellow Americans.  All of them.

One thing we can do iseschew the use of Insurrection.  If that was an insurrection, then the riots of 2020 were also an attempt to bring down the US Government.  A sense of proportion would be good.

Hat tip to the InstaPundit.

Regards  —  Cliff