Tell me if you think this sounds unreasonable.
The select panel investigating the Jan. 6 insurrection took its first step in obtaining phone records on Monday, asking an array of telecommunications companies to save records relevant to the attack…
Telling phone companies not to destroy records that may pertain to a crime is a routine step for investigators and detectives. It’s certainly not a violation of federal law. But, in this case, there is something with little to no precedent. Some of the phone records in question belong to members of Congress, including Minority Leader Kevin McCarthy of California.
That certainly informs McCarthy’s response to the request.
Minority Leader Kevin McCarthy on Tuesday threatened to use a future GOP majority to punish companies that comply with the House’s Jan. 6 investigators, warning that “a Republican majority will not forget.”
…He asserted that such a forfeiture of information would “put every American with a phone or computer in the crosshairs of a surveillance state run by Democrat politicians.”
This is nonsensical. “Every” American isn’t a participant or witness to the January 6th coup attempt. “Every” American is not a member of Congress. It’s hard to see how our rights are impacted negatively by a telecommunications company cooperating with a congressional investigation of these crimes.
But McCarthy pretends to see things differently.
“If these companies comply with the Democrat order to turn over private information, they are in violation of federal law and subject to losing their ability to operate in the United States,” McCarthy said in Tuesday’s statement. “If companies still choose to violate federal law, a Republican majority will not forget and will stand with Americans to hold them fully accountable under the law.”
That’s a pretty big threat, and a credible one since the Republicans stand a decent chance of regaining a majority in the U.S. House of Representatives after the 2022 midterm elections. It’s also obstruction of justice, because McCarthy is flat-out lying about the request being a violation of federal law, and he’s interfering in an investigation in which he is a key witness.
On the substance of McCarthy’s complaint, congressional committees have routinely used subpoena power to obtain data from private companies, including phone records, emails and other communications. The Jan. 6 committee has not identified whose communications it is seeking, but it has made clear that members of Congress are among the potential targets, which would be a departure from past practices — one that members of the panel have said they believe is warranted in this case.
The Democratic-led committee’s investigators are looking for a fuller picture of the communications between then-President Donald Trump and members of Congress during the attack. McCarthy is among the Republicans known to have spoken with Trump on Jan. 6.
Since Trump was inaugurated in January 2017, I’ve grown almost numb to this type of routine. Republican politicians continuously do things that would be a clear-cut crime if not for the position they hold. Trump constantly obstructed justice during the investigation into Russian interference in the 2016 presidential election, but he couldn’t be charged with a federal crime while in office so he got away with it. Now McCarthy is relying on position as a leader in Congress to shield him from what would otherwise be considered as obviously criminal interference in a congressional investigation.
More substantively, he’s going to argue that members of Congress have protections concerning their phone records that are not enjoyed by ordinary citizens. He’s doesn’t want to come right out and make that argument, which is why he’s suggesting that somehow “every” American’s privacy is at stake here, but a special exemption for congresspeople is the only kind of argument he could hope to win in court.
Honestly, I don’t even know what his end game is here. Is he just desperately hoping that his threat will work and the records will be destroyed rather than turned over? Is he setting a predicate for injunctive relief in the far-fetched hope that the courts will prevent the records from changing hands? Is he just trying to distract from what those records will reveal?
What it does, is it makes him look very guilty. It’s never a good look to be trying to shield the truth from the public. It could be that he’s shielding other members who talked to President Trump on January 6, or the days leading up to the insurrection. Whatever his motive, it’s unlikely to work or have been worth the effort.