Kevin McCarthy's refusal to testify to the Jan. 6 committee 'could have criminal implications'

The top Republican in the House of Representatives may be committing a crime by refusing to cooperate with the House Select Committee to Investigate the Jan. 6 Attack on the U.S. Capitol.

"Let’s be clear: In refusing to testify to the House select committee examining Jan. 6, House Minority Leader Kevin McCarthy may well be helping to cover up potential crimes committed by Donald Trump," Greg Sargent wrote for The Washington Post.

McCarthy claimed the committee was illegitimate in declining to cooperate.

"McCarthy’s refusal may be the most significant moment thus far in the wide-ranging effort by Trump allies to cover up his Jan. 6-related corruption. That’s because McCarthy, who reportedly appealed to Trump as the violence unfolded, likely has some of the most direct knowledge available of Trump’s conduct as the mob rampage continued," Sargent noted. "That could have criminal implications, if Trump’s attempt to subvert the electoral count in Congress amounted to an effort to obstruct an official proceeding."

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New York University School of Law Prof. Ryan Goodman explained why it is so important for the select committee to learn more about McCarthy's experience on Jan. 6.

“There’s no doubt that McCarthy is a material witness to a possible crime by the former president,” Goodman said. “His conversation with Trump during the height of the riot could provide direct evidence of Trump’s mind-set and scheme.”

“Trump’s greatest legal exposure is for the criminal obstruction of congressional proceedings, and McCarthy appears to have direct evidence that goes to the heart of what’s needed to prove that crime,” Goodman explained.