The Republican leaders voted to make their determination the formal position of the House.
Steve Bannon addresses a crowd of conservative activists at the 2023 Conservative Political Action Conference. The pro-Trump firebrand has been sentenced to four months in prison for contempt of Congress, but is fighting to stay out of prison as he appeals. | Anna Moneymaker/Getty ImagesSpeaker Mike Johnson and other House GOP leaders voted Tuesday to reject the previous Congress’ handling of the Jan.
Johnson referred to the move in a CNN interview Tuesday night. “I can confirm that we will be filing a brief in that legal proceeding and we think that’s really important to do,” he told host Kaitlan Collins, indicating that at least part of the GOP’s legal argument will be that they “do not believe the January 6 committee was properly constituted.”
The committee faced numerous challenges along these lines in court battles against resistant witnesses, arguing in court that the House has never explicitly defined “ranking member,” which allowed the committee to elevate then-Rep. Liz Cheney, an anti-Trump Republican, to the role. And they also argued that vacancies cannot derail the operation of a valid committee even if it was initially required to operate with a larger number of members.
Georgia Rep. Barry Loudermilk, as chair of a House Administration Committee’s subcommittee on oversight, also plans to file an amicus brief Wednesday morning with the Supreme Court supporting Bannon and arguing that the Jan. 6 select committee did not have the authority to conduct depositions under the House resolution that authorized it, according to a Republican aide granted anonymity to discuss a legal filing that is not yet public.
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