Rep. Kevin McCarthy may have just made a fatal error in his attempts to delegitimize the Jan. 6 committee.
McCarthy threatened phone companies that if they complied with subpoenas the GOP would punish them when they regained control of the House. It immediately prompted legal experts to caution that McCarthy may have made a public obstruction of justice.
The Jan. 6 Committee said as much when replying to McCarthy's comment.
According to 18 U.S.C. § 1503 an "obstruction of justice" is an act that "corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice."
McCarthy would have to make more of a specific and targeted threat according to some legal experts.
See the comments from legal experts below:
Congress under both Democratic and Republican control has routinely subpoenaed records from telephone companies, as… https://t.co/vCVXnAk0GN— Daniel Goldman (@Daniel Goldman) 1630456389.0
And this is precisely what happens when our law enforcement authorities refuse to TIMELY hold criminal politicians… https://t.co/Mq7OgTkDHR— Glenn Kirschner (@Glenn Kirschner) 1630450600.0
McCarthy's effort to intimidate phone companies into not complying with lawful subpoenas is an admission against in… https://t.co/EICsfXO4yW— Elizabeth de la Vega (@Elizabeth de la Vega) 1630451931.0
This is nonsense. A subpoena is not “strong-arming” and there’s no violation of federal law when companies comply. https://t.co/DtvVhDLvz1— Elie Honig (@Elie Honig) 1630452168.0
The telephone companies will not be in the least intimidated by McCarthy's bombast. They're used to responding to s… https://t.co/X10xB8IIl4— Elizabeth de la Vega (@Elizabeth de la Vega) 1630452283.0
@jiffypop2109 No. Ted is citing a statute that exists, but citing the statute does not amount to a cogent argument… https://t.co/BUwruzCxg7— Elizabeth de la Vega (@Elizabeth de la Vega) 1630452930.0
@jiffypop2109 @Delavegalaw @tedlieu No. McCarthy would have to make a formal "communication," not just announce a t… https://t.co/tAVkAQAArI— Barbara Holtzman (@Barbara Holtzman) 1630458818.0
“I’m sorry, Kevin McCarthy is not a serious person. He is not a serious person. I’ve known him. I’ve covered him. T… https://t.co/yU1tk3bv1I— Acyn (@Acyn) 1630453384.0