The five Republicans from the House who ignored the Jan. 6 panel's subpoenas are likely to emerge unscathed as options to punish them become more legally limited by the day.
According to The Hill, GOP Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, Andy Biggs of Arizona, Mo Brooks of Alabama, and House Minority Leader Kevin McCarthy, were all subpoenaed by the panel for various reasons regarding the events leading up to Jan. 6, 2021. While all of the congressmen have refused to cooperate, the panel may be unable to refer them for prosecution, due to constitutional limits on Congress holding members accountable to the justice system.
"The Speech or Debate Clause makes it clear that Congress doesn't hold members of Congress accountable in the judiciary or other places in the government," Rep. Jamie Raskin, D-Md., told The Hill. "Members of Congress are only held accountable through Article One in their own chambers for their actions."
In other words, the panel likely would be unable to refer the congressman to the Justice Department. The panel is left with one other option: leave the task of dealing with the congressmen to the House Ethics Committee, which will be chaired by a Republican in the new Congress.
It's unlikely that a Republican-controlled House will go after the five Republicans.
Nonetheless, special counsel Jack Smith, who operates outside the scope of Congress, could still prosecute the GOP House members.
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