Lawmakers reach deal on bipartisan commission to investigate Jan. 6
Source: Axios
House negotiators have reached an agreement on the parameters of a 9/11-style commission to investigate the "facts and circumstances" surrounding the Jan. 6 attack on the U.S. Capitol, the House Homeland Security Committee announced Friday.
Why it matters: The formation of a bipartisan Jan. 6 commission had been delayed for months, after some Republicans insisted that the scope of the investigation be expanded to include violence by far-left protesters last summer.
Details, according to the House Homeland Security Committee:
Legislation will establish a 10-person bipartisan commission. Five commissioners, including the chair, will be appointed by House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer. The other five, including the vice chair, will be appointed by House Minority Leader Kevin McCarthy and Senate Minority Leader Mitch McConnell. "The commission will be charged with studying the facts and circumstances of the Jan. 6 attack on the Capitol as well as the influencing factors that may have provoked the attack on our democracy," according to the committee. "Commissioners must have significant expertise in the areas of law enforcement, civil rights, civil liberties, privacy, intelligence and cybersecurity. Current government officers or employees are prohibited from appointment." The commission will be granted authority to issue subpoenas, which will require agreement between the chair and the vice chair, or a vote by a majority of members. The commission will be required to issue a final report with findings and recommendations to "prevent future attacks on our democratic institutions" by Dec. 31, 2021.
Read more: https://www.axios.com/january-6-commission-deal-6b1b41dd-b0c6-406d-824c-645a842c7b68.html
MerryHolidays
(7,715 posts)...I think this is horrible news, at least at first blush.
sdfernando
(4,935 posts)Evenly split an needing agreement from the Dem chair AND QGOP vice-chair??.... nothing will happen.
BumRushDaShow
(129,096 posts)There is no "prosecutorial" function associated with this.
I.e., this is not like the "Mueller Investigation".
sdfernando
(4,935 posts)But one if the important things to get to the truth is the subpoena power. That is crucial to getting accurate info information and a truthful report with effective recommendations. The QGOP will quash subpoenas for critical witnesses.
BumRushDaShow
(129,096 posts)We watched 2 years of refusals to honor subpoenas (once Democrats took the House back), which resulted in a myriad of court cases, many of which are still outstanding, active and not yet resolved (not withstanding the McGahn one that finally got some kind of "agreement" this past week, for what will probably result in testimony of "nothing" ).
Right now, the real investigations are going on in the Executive Branch (not the Legislative Branch) with DOJ and the grand juries working on indictments of the people who actually participated in the insurrections. There is evidence galore that is housed within DOJ regarding what happened and it will take some time for the info from their processes, to be completed. What they are finding and/or have already found, would actually provide some substantial information that would be applicable for what Congress is embarking on.
sdfernando
(4,935 posts)Evenly split an needing agreement from the Dem chair AND QGOP vice-chair??.... nothing will happen.
BumRushDaShow
(129,096 posts)whether through document requests (including issuing subpoenas if necessary) and/or through testimony (again including issuing subpoenas if necessary), and then the group issues a "report" of their findings.
After that, it's up to Congress to do with the report what they will regarding whether additional hearings might be necessary and/or new legislation is needed to address any items brought up in the report.
I.e., this isn't a "Special Prosecutor" or "Special Counsel" or "Independent Counsel" Investigation type of thing.
MerryHolidays
(7,715 posts)How many subpoenas do you think an equal number of R and Ds will agree upon? For example, will Kevin McCarthy be called to give testimony about his discussions with trump on January 6? Nope.
It's kinda' pointless. It would have been better to have a select Committee of either house, much like the Watergate/Ervin Committee in 1973-74. Televise and get it out in the open.
BumRushDaShow
(129,096 posts)And who do you think would be on the "select Committee". It certainly wouldn't be all "one party". The example of the Senate's "Ervin Committee" was 4 (D) and 3 (R) (most likely reflecting the Senate's make up at the time (56 (D), 42 (R), 2 "other" )
Both the House and Senate have been holding hearings regarding January 6 (chaired by Democrats) continually since the insurrection happened. You have to be a CSPAN junky to catch them. CSPAN 3 often televises these hearings live if either or both chambers are in session and using up their respective CSPAN and CSPAN2 channels.
And this is NOT 1972 where the general public would tolerate interruption of the major broadcast networks. Watergate would be the equivalent of the now two-Impeachments that occurred over the past 2 years or the "Special Prosecutor" type hearings like the "Mueller Investigation". But not something as innocuous as what is planned here and certainly not if it were a "Select Committee" if it didn't directly deal with a President's involvement.
And as a note, the 2nd impeachment WAS done as a direct result of what happened on January 6. The Article of Impeachment was -
https://www.congress.gov/bill/117th-congress/house-resolution/24/text
"Commissions" are generally considered "boring" for most non-political followers but are basically "Lessons Learned" exercises to come up with ways to look at a problem and find ways to resolve it and/or to not let something impactful to the nation, happen again.
MerryHolidays
(7,715 posts)We've already seen more than a taste of the gaslighting that the Rs will do (the tourist commentary by one R representative was beyond lunatic).
That's how well "bi-partisanship" will play in this toothless Commission. This is an open and shut case, with tons of video and audio. It's not the Warren Commission with a grainy Zapruder film, etc. We know who did it. What we don't know is who caused it.
The gaslighting is meant to distract from the question of who caused it.
BumRushDaShow
(129,096 posts)but are used to "inform" and give recommendations for "next steps".
We saw "gaslighting" during both impeachments, literally the highest level of "prosecutorial" functioning that the Congress has authority to carry out. So there is no Congressional type of committee setup that would be absent any "gaslighting" because as long as there is "media", there will always be "spin". And it behooves that one get the best "spin masters" ready to deal with that.
MerryHolidays
(7,715 posts)We didn't have any witnesses for either impeachment.
Watergate was horrible, but January 6th is a quantum leap worse.
We have a majority in both houses....we should use that. We also have Merrick Garland as AG...we should use that too for witnesses who don't show up, stall etc.
It was the combined pressure of the Congressional inquiries in 1973 onwards, coupled with criminal proceedings, that broke the back of Nixon and his henchmen. Surely, this deserves that too.
BumRushDaShow
(129,096 posts)Congress changed the law regarding these types of investigations. And when Watergate was going on, Democrats had a much larger majority in both chambers than they have at present.
What happened with the recent refusals to honor a subpoena, is generally unprecedented (in fact the previous 4 years was unprecedented), and much of it is still tied up in the courts. And all of this insanity is mainly because of a significant turnover of members of Congress, who since 2010 and "Citizen's United", have been replaced with loons who don't know or don't care about "Civics 101".
So we are actually in the middle of an odd period of history that really has little or no analogy or equal. And note, if Nixon were around today, even he would be considered a "RINO", particularly after the current GOP made a conscious decision to throw their gawd, Ronald Raygun, right under the bus, and run over him back and forth, multiple times.
So I would not use the almost 50 years ago 1972 - 1974 period as any sort of analogous situation. In other words, there is absofuckinglutely NO comparison between Howard Baker and Mitch "Turtle" McConnell (both held the same GOP leadership positions in the Senate). The GOP today is literally a walking zombie now, evil and hellbent on one purpose.
MerryHolidays
(7,715 posts)Hi BRDS:
As usual ( ), we agree on most everything, particularly on how different the Rs are now vs during Watergate. However, there are a few specific points that I disagree, one pedantic, one kinda' relevant, and the last most relevant.
1) Howard Baker was not the Senate Minority or Majority Leader during Watergate. He only took on those roles on/after 1977, well after Nixon resigned and the criminal cases were over. Hugh Scott from PA was the R Minority Leader during Watergate (and probably a helluva' lot more forthright than the Turtle). In fact, I think it was Hugh Scott, along with Barry Goldwater and John Rhodes, who told Nixon in early August 1974 that most Rs had abandoned Nixon and that he would be impeached and convicted. Nixon resigned just a couple of days later. Of course, that would not happen today with our favorite insurrectionist party. But that is EXACTLY why you have something more than a toothless commission....you fight fire with fire.
2) Howard Baker and Minority Counsel Fred Thompson fed a lot of information directly to Nixon and his lawyers. They were not independent of Nixon by any means but actually aided him in the cover-up, probably unwittingly.
3) The battle today is for the hearts and minds of people. I do believe that, if trump and/or Congressional Rs were directly tied to the insurrection, there would be a massive loss of R votes. That's clearly why the Rs don't want a full blown investigation. Yes, we have the Department of Justice going after the foot-soldier insurrectionists, but a multi-prong attack (Congressional investigations, criminal investigations, and even civil cases) as to who or what was the real cause of the insurrection could expose the awful truth. That's the only way you crack conspiracies. It is most definitely not through part-time Commission members who do not have any real subpoena power. The Rs did us a lot of damage with a bare minority in the Senate in 2017-2019, and we should do the same.
And most importantly, since we control the DoJ and the US Attorneys, going after Congressional committee witnesses for contempt, perjury, and/or obstruction is now a real prospect. By contrast, that was NOT the case in 2017-2021 (and hasn't really been the case since January 2011, when we lost the House and Senate). This is first time in a decade we control the Congress and the USDoJ.
I know a LOT of Rs, not rising to level of MAGAts, who find what happened on January 6 repulsive. To the extent that trump or other R officials were directly involved, that would be devastating to these Rs, and they would either not vote or change their vote.
Getting the truth out is the best disinfectant and the best for democracy. And, yes, we CAN handle the truth! And, currently, we control all the levers for getting the truth out. It is a real sin not to use those.
MH
BumRushDaShow
(129,096 posts)1) Howard Baker was not the Senate Minority or Majority Leader during Watergate. He only took on those roles on/after 1977, well after Nixon resigned and the criminal cases were over.
Howard Baker was an influential Senator at the time and ranking Member on that Committee, and yes he didn't take leadership over the GOP conference until later (the one at the time was one of the Senators from my state of PA), but he was an overarching voice on that Committee and for a direct comparison, was like a day and night opposite of someone like a Lindsey Graham when it came to "common sense".
I.e., back then, they were in essence the quintessential "annoying Republicans" as I call them. They were definitely "loyal" to their party and their own, and would battle for their stalwart principles. But they hadn't jumped on the crazy train like has happened now, and back then they at least had sense enough to finally realize that they needed to cut bait and quit while they were ahead (especially after they had already lost Spiro Agnew, another who had been right on the precipice of being impeached for his own issues).
That was for their party's self-preservation because they at least had "an agenda" that tied to their party's platform. At this point, the GOP not only threw out the previous platform but they neglected to replace it with anything that might have been a revision or update to one from the past. Their modus operandi essentially became "following wacky orders" depending on the whims of a social media blitz. And of course as a reminder, there was no "social media" back then to magnify the propaganda that was already swirling in the print and broadcast media.
One of the things I have posted a number of times before as one of the biggest causes of what we are seeing, is someone who is STILL there behind the scenes planning and scheming and instigating. And that is Newt Gingrich. I had posted excerpts from an "Atlantic" interview with him and it was basically there in black and white. I posted this OP a couple days after the insurrection - https://www.democraticunderground.com/100214854444 and I included that excerpt in a reply -
Newt Gingrich turned partisan battles into bloodsport, wrecked Congress, and paved the way for Trumps rise. Now hes reveling in his achievements.
Story by McKay Coppins
November 2018 Issue
Updated on October 17, 2018
[snip]
On June 24, 1978, Gingrich stood to address a gathering of College Republicans at a Holiday Inn near the Atlanta airport. It was a natural audience for him. At 35, he was more youthful-looking than the average congressional candidate, with fashionably robust sideburns and a cool-professor charisma that had made him one of the more popular faculty members at West Georgia College. But Gingrich had not come to deliver an academic lecture to the young activists before himhe had come to foment revolution.
One of the great problems we have in the Republican Party is that we dont encourage you to be nasty, he told the group. We encourage you to be neat, obedient, and loyal, and faithful, and all those Boy Scout words, which would be great around the campfire but are lousy in politics. For their party to succeed, Gingrich went on, the next generation of Republicans would have to learn to raise hell, to stop being so nice, to realize that politics was, above all, a cutthroat war for powerand to start acting like it.
The speech received little attention at the time. Gingrich was, after all, an obscure, untenured professor whose political experience consisted of two failed congressional bids. But when, a few months later, he was finally elected to the House of Representatives on his third try, he went to Washington a man obsessed with becoming the kind of leader he had described that day in Atlanta. The GOP was then at its lowest point in modern history. Scores of Republican lawmakers had been wiped out in the aftermath of Watergate, and those whod survived seemed, to Gingrich, sadly resigned to a permanent minority mind-set. It was like death, he recalls of the mood in the caucus. They were morally and psychologically shattered.
But Gingrich had a plan. The way he saw it, Republicans would never be able to take back the House as long as they kept compromising with the Democrats out of some high-minded civic desire to keep congressional business humming along. His strategy was to blow up the bipartisan coalitions that were essential to legislating, and then seize on the resulting dysfunction to wage a populist crusade against the institution of Congress itself. His idea, says Norm Ornstein, a political scientist who knew Gingrich at the time, was to build toward a national election where people were so disgusted by Washington and the way it was operating that they would throw the ins out and bring the outs in.
[snip]
https://www.theatlantic.com/magazine/archive/2018/11/newt-gingrich-says-youre-welcome/570832/
This "no-holds barred" behavior that we are seeing from the GOP, literally "breaking all the rules" and Congressional regular order, is HIS doing. He started it off back in the '90s under Clinton, when after 40 years of the GOP being out of power in the House, he "delivered" the House for them in 1994 on this type of behavior. He eventually got his hand slapped and run out of office, but he has been getting his "just desserts" the past 4 years.
And as a note in this case, remember that doing investigations like this requires starting at the bottom and working your way to the top. That's often what happens when they do RICO cases. They go after the bagmen, the fixers, the small time burglars and hitmen and whatnot, who eventually point the fingers up the chain to the "Captains", and eventually to "the boss".
January 6, 2021 happened less than 4 months ago and they are only at the embryonic stages of the DOJ portion of the investigation. There were hearings by the House, for example, that established issues with the Capitol Police and DOD with respect to what was and was not done. So all of that is a parallel thing going on that DOJ would eventually get to.
Well that was definitely my point. Congress and it's Rules and decorum have been officially "broken". So it will be up to the Executive Branch (DOJ), which has the power to do those "raids" and door knocks and that is not something that Congress, which is a non-criminal legal entity, can do.... although I know there were many calls on DU about getting the Sergeant at Arms to frog-march people defying subpoenas, and charging people with inherent contempt, and actually locking them up in the basement of the Capitol. That's not going to happen. But it is something that can happen if DOJ presents a subpoena.
They have to work their way up that chain. We know there are members of Congress on the GOP side who were intimately involved in what happened but there needs to be irrefutable proof or the entire operation will be dismissed out of hand.
JohnSJ
(92,219 posts)that distraction to be part of the hearings, then this will be a worthless exercise in both siderisms, and nothing will come out of it, and I wont be watching it
I am really sick and tired of the overt destruction of our democracy by the republicans
mahina
(17,668 posts)I am too.
JohnSJ
(92,219 posts)view it is a waste of time
bullwinkle428
(20,629 posts)making sure there is accountability for January 6th than any commission ever could, so I hope the Justice Dept. keeps "the pedal to the metal".
gab13by13
(21,360 posts)will write the report for the 5 GQP members, just like it is writing the election disenfranchisement laws for the states.
Marthe48
(16,975 posts)their waste on walls and floors of a public building. Investigating people who attacked and killed police officers. Investigating people who built a gallows on the grounds of our Capital.
5 people are minimizing the actions of these out of control criminals. 5 people (I hope) want to keep it from happening again.
I woke up today thinking that if r's get back into power, the Capital isn't going to be the only thing they dirty.
mahina
(17,668 posts)Speaker Pelosi was pretty pissed yesterday. Im so glad this is finally finally established
machoneman
(4,007 posts)lark
(23,105 posts)repug members will just be there to stop the commission - period end of story. They will say it was just another protest and stop right there. This is doomed to fail and I don't know why Pelosi did this. Better to have an investigation out in the open rather than this hot do nothing and show nothing to the public at all farce. Meh!
gab13by13
(21,360 posts)December is a short time frame; if done properly.
Fullduplexxx
(7,864 posts)Wuddles440
(1,123 posts)Without Democrats in majority control of the hearings, the MAGATTS will turn this into a circus - stonewalling any attempts to secure subpoenas for relevant testimony/documents and create false narratives by diverting responsibility for the insurrection to BLM and "antifa". Just more opportunities for them to grandstand and preen for the conservative media and their adoring patrons. Once again the Dems are making too many concession for "bipartisanship" (something that the MAGATTS do not believe in and never pursue).
Mr. Sparkle
(2,935 posts)This is both a joke and a disgrace, at the same time.
bucolic_frolic
(43,182 posts)This is a institutional exercise. Expecting few subpoenas and general security recommendations. Disgraceful that those who are failing to support democracy are appointing half the commission, but I suppose McCarthy will be exposed by the whole process for what he did, does, and plans to do.
BumRushDaShow
(129,096 posts)What they are doing would be used towards marking up any future legislation related to what happened. But in general, Congress has no "prosecutorial powers". That is up to the Executive Branch and DOJ's work is ongoing with the grand juries and indictments, and whatever they have gathered could eventually be provided to Congress, redacted as necessary, so as not to impact future trials.
gab13by13
(21,360 posts)this commission will be a joke.
DallasNE
(7,403 posts)Last edited Fri May 14, 2021, 01:14 PM - Edit history (1)
It seems like this short timeframe will make it all too easy to run out the clock and not get the detailed investigation that is imperative. After all, it took 4 months just to set the parameters for the Commission.
KPN
(15,646 posts)bringing in anyone under a subpoena.
Miguelito Loveless
(4,465 posts)The commission will be granted authority to issue subpoenas, which will require agreement between the chair and the vice chair, or a vote by a majority of members.
Lacking subpoena power, the commission is almost useless.
Also, will testimony be public, and under oath?
Moostache
(9,895 posts)Get anyone and everyone talking about the insurrection until then. Get GQP cretins on tape saying stupid things. The run their own words against them online and in TV spots that highlight their comical duplicity.
The "big lie" persists because they won't stop denying reality and won't stop talking about it to their brain-washed 'base' of Trumpers. Those people represent about 15-25% of the total voting population, and the ones in the middle that are not ideologues, that CAN be persuaded to act rationally, THEY are sickened by this whole state of affairs.
Let the Q-fools and zealots go - they are collateral damage anyway, not worth even throwing a life vest at them. Focus on keeping the insurrection in the news and talk about it like the fucking GQP talked about Benghazi and e-mails and birth certificates...take off the goddamn handcuffs and fight them where they live. The DNC should be funding about 3 "Lincoln Project" style internet groups to flood the web with images of the capitol under attack, Trump flag-caped criminals breaking things and inane GQP comments as a vocal narration.
Take this steaming pile of dogshit and rub it right in their fucking face for the next 19 months. When they breathe, they should have to do it through the stench of their own dogshit lies...when they talk, they should have to smell their own bullshit on top of the dogshit pile of lies. NO FUCKING MERCY.
KPN
(15,646 posts)So is this going to be a one-off, or if/when we win in 2022 will there be another opportunity for accountability?
I cant be excited or pleased by this. The Rs have done it to us again; found a way to obstruct without actually obstructing. Geesh!
Moostache
(9,895 posts)If we lose the House and Senate, the Biden administration effectively ends and the 2024 campaign begins with Trump rallying the crazies and the Democrats likely having to choose between Kamala or an open primary, as I cannot see Joe running again in 2024 if he has to deal with out of their mind clowns from the GQP for 2 years while reliving President Obama's nightmare from 2015-2016 gridlock.
If we retain the house and manage to get 52+ SOLID D-votes in the Senate, then Joe can push the rest of his agenda through and we let the results determine 2024 instead of some insane right wing border crisis and other assorted nonsense.
The key though is to thoroughly tattoo TRUMP and JAN. 6th RIOTS onto every single one of them between now and then...it might be our only hope.
Elessar Zappa
(14,004 posts)True accountability can only come from DOJ prosecutions of the foot soldiers and especially their leaders in high places.
BobTheSubgenius
(11,564 posts)I see lines being drawn about who gets seated and who doesn't, though. It could take them until quite near the deadline just to sort out the cast.
Snackshack
(2,541 posts)This will ensure that nothing comes from this.
"The commission will be granted authority to issue subpoenas, which will require agreement between the chair and the vice chair, or a vote by a majority of members."
This is ridiculous. Its been 5 months now that Dems have had the majority and the GOP is still dictating how things are ran. New leadership needs to be seriously considered. Both Schumer and Pelosi have been very ineffective at their respective positions.
BumRushDaShow
(129,096 posts)What more do you expect Congress to do at this point? The meat of the evidence-gathering is happening in the Executive Branch with DOJ because it is their wheelhouse, not that of the Legislative Branch.
Congress (both chambers) has been having ongoing hearings since the insurrection happened and that included a 2nd impeachment directly associated with the insurrection, with the actual Article of Impeachment explicitly referencing "Inciting an Insurrection". And this "Commission" is nothing more than an additional "informational tool" that will inform them on what type of legislation might be needed as a result of what happened.
I wouldn't put much value on what a "Commission" comes up with but would rather watch what is happening with DOJ as AG Garland (or Pres. Biden) would be the one(s) who in future, could appoint a "Special Counsel" to do a true "criminal" investigation. I expect that may be coming.
Elessar Zappa
(14,004 posts)most experts agree that Speaker Pelosi is one of the best speakers in our history.
KPN
(15,646 posts)WTF? So, we are going to go through another charade from which the only possible benefit is the publics judgement about the legitimacy and integrity of each partys perspectives. No accountability!
Traildogbob
(8,756 posts)The 5 republicans will be McCarthy, Major Trailer Queen, Bang Bang Barbie, Clyde the patriot tour guide from Georgia, and Gym Jordon. Madison Cawthorn as an alternate. Bipartisan.......sure.
SouthBayDem
(32,034 posts)Traildogbob
(8,756 posts)I realized that after my post. But, they CAN assign Newt Gingrich, Hannity, Tuckums, Palin, and Chris Christy, just to name a few assholes. They have a deep treasure chest of treasonous diarrhea stains to choose from.
keithbvadu2
(36,829 posts)GQP already knows their results of Tourist Day.
Comfortably_Numb
(3,809 posts)Kid Berwyn
(14,909 posts)So plenty of blame to go around and no one to pin it on.
Bucky
(54,027 posts)Capone valves to work in the spirit of bipartisanship