VIII. REFERRAL OF MEMBERS TO THE HOUSE ETHICS COMMITTEE FOR FAILURE TO COMPLY WITH SUBPOENAS
During the course of the Select Committee's investigation of President Trump's efforts to subvert the election, the Committee learned that various Members of Congress had information relevant to the investigation. Accordingly, the Committee wrote letters to a number of Members involved in that activity inviting them to participate voluntarily in the Select Committee's investigation. None of the members was willing to provide information, which forced the Select Committee to consider alternative means of securing evidence about the conduct of these Members and the information they might have. On May 12, 2022, the Select Committee subpoenaed several members of Congress—including House Minority Leader Kevin McCarthy, Representative Jim Jordan, Representative Scott Perry, and Representative Andy Biggs—to obtain information related to the Committee's investigation.
This was a significant step, but it was one that was warranted by the certain volume of information these Members possessed that was relevant to the Select Committee's investigation, as well as the centrality of their efforts to President Trump's multi-part plan to remain in power.
Representative McCarthy, among other things, had multiple communications with President Trump, Vice President Pence, and others on and related to January 6th. For example, during the attack on the Capitol, Representative McCarthy urgently requested that the former President issue a statement calling off the rioters, to which President Trump responded by "push[ing] back" and said: "Well, Kevin, I guess these people are more upset about the election than you are."[658] And, after the attack, Representative McCarthy spoke on the House floor and said that, "[t]here is absolutely no evidence" that Antifa caused the attack on the Capitol and instead called on President Trump to "accept his share of responsibility" for the violence.[659] As noted above, Representative McCarthy privately confided in colleagues that President Trump accepted some responsibility for the attack on the Capitol.[660]
Representative Jordan was a significant player in President Trump's efforts. He participated in numerous post-election meetings in which senior White House officials, Rudolph Giuliani, and others, discussed strategies for challenging the election, chief among them claims that the election had been tainted by fraud. On January 2, 2021, Representative Jordan led a conference call in which he, President Trump, and other Members of Congress discussed strategies for delaying the January 6th joint session. During that call, the group also discussed issuing social media posts encouraging President Trump's supporters to "march to the Capitol" on the 6th.[661] An hour and a half later, President Trump and Representative
