Washington Post columnist Jennifer Rubin encouraged Democrats to pull some of the GOP-like tactics on the new Rep. Jim Jordan (R-OH) subcommittee to scrutinize any investigations being conducted at the Department of Justice and other executive branch departments.
She harkened back to the biggest of then-Minority Leader Rep. Kevin McCarthy's (R-CA) blunder of not appointing any Republicans to the Jan. 6 committee. Rep. Jerry Nadler (D-NY) told Raw Story this week that Democrats would absolutely be part of the committees that Jordan intends to start, including his investigation into investigations Republicans have opposed.
What Rubin suggested is for the Democrats to use their role on the committee to lean into information obtained about House Republicans who may have aided insurrectionists leading up to Jan. 6 and how Republicans could have coordinated with Donald Trump's efforts to overthrow the 2020 election.
"Rep. Scott Perry (R-PA), for example, had his phone seized by the FBI last year as part of its investigation into efforts to overturn the 2020 presidential election," Rubin wrote. "Perry says he was told he’s not a target of the investigation, but it’s clear he played a key role in the ploy to install then-Justice Department official Jeffrey Clark as acting attorney general. The warrant for his phone also indicates that there was probable cause that a crime had been committed and that there was evidence on his phone."
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Perry wants a seat on the committee, despite being under investigation by those he intends to investigate.
Rubin also suggested that the Democrats could use their power to continue the investigative work that the Jan. 6 Select Committee didn't have time to finish. She specifically cited the failure of law enforcement branches like the FBI and DHS to coordinate about the impending violence they knew was coming.
"Nor did the committee uncover why the Pentagon failed to promptly authorize mobilization of the National Guard or why messages from the U.S. Secret Service from that day were apparently erased," she said. "Democrats should press for answers on those questions. They should also seek testimony under oath from key officials, such as former acting defense secretary Christopher C. Miller."
While Republicans want to try to go after Attorney General Merrick Garland for going after those sending death threats to local officials, Democrats could look into the role of former Attorney General Bill Barr and his role in some of his prosecution decisions, like why there was a dramatic change with prosecutors in Roger Stone's trial. Another question she'd like to see answered is why former special counsel John Durham wasted $2 million only to completely fail in all of his efforts,
Rubin also suggests the need for disclosure of information about the political pardons of Steve Bannon, Joe Arpaio and others in the final days of the Trump administration.
Finally, she urged Democrats to use Republicans' arguments against them. During the suit for Donald Trump's taxes, his lawyers argued that there was no justifiable legislative purpose for the tax documents. Democrats said that they are part of potential legislation involving presidential audits, which Democrats want to require. It worked in court. For the Republicans however, their committee can very easily be argued that it violates the separation of powers and would ultimately be a political effort.
"Therefore, any subpoena of information from the Justice Department’s investigations can and should be challenged not only for violating [the] separation of powers but also for [the] absence of a legitimate legislative purpose," Rubin closed.
