Kevin McCarthy comes out against bill to create commission to study Jan. 6 Capitol riot

WASHINGTON – House Republican Leader Kevin McCarthy opposed legislation Tuesday that would create a bipartisan commission to study the Jan. 6 riot at the U.S. Capitol, which some lawmakers have suggested could subpoena him as a witness.

The leaders of the Homeland Security Committee – Chairman Bennie Thompson, D-Miss., and Rep. John Katko of New York, the top Republican on the panel – unveiled the legislation Friday to create a 10-member commission that would issue a report by Dec. 31.

The House was expected to vote on the legislation Wednesday. The Senate must still consider it. The Biden administration supported the bill.

"The Nation deserves such a full and fair accounting to prevent future violence and strengthen the security and resilience of our democratic institutions," the White House said in a statement.

Democrats called the effort more urgent last week after several Republicans questioned the severity of the attack that left five dead and 140 police officers injured. Rioters temporarily halted the counting of Electoral College votes that confirmed President Joe Biden’s victory against former President Donald Trump.

Why McCarthy opposes a Jan. 6 commission

But McCarthy, of California, opposed the bill creating a commission and accused House Speaker Nancy Pelosi, D-Calif., of dragging her feet in negotiations. He said that numerous committees are reviewing the event and that the Architect of the Capitol, which oversees the building and grounds, was allocated $10 million to remedy security vulnerabilities.

“While the speaker has wasted time playing political games, numerous congressional and intergovernmental agency efforts have picked up the slack,” McCarthy said in a statement.

McCarthy said the commission should also study the political violence from racial justice protests nationwide last summer, the attack on a Republican baseball practice and the vehicle attack that killed a Capitol Police officer April 2.

“The presence of this political violence in American society cannot be tolerated, and it cannot be overlooked,” said McCarthy, who called the omission “deeply concerning.”

Pelosi accused Republicans of cowardice and said she was pleased to have bipartisan legislation to create a commission.

“It’s disappointing but not surprising that the cowardice on the part of some on the Republican side not to want to find the truth," Pelosi told reporters Tuesday.

The prospects for approval in the evenly divided Senate are uncertain. Senate Majority Leader Chuck Schumer, D-N.Y., said he would schedule a floor vote on the legislation after it arrives from the House.

“It shows how difficult it is to negotiate with Republicans,” Schumer said. “I will put the Jan. 6 commission legislation on the floor for a vote.”

Senate Minority Leader Mitch McConnell of Kentucky said Republicans are undecided about the bill. He raised questions whether the commission would interfere with hundreds of pending criminal cases. He also raised a concern that while the commission would be equally divided between the parties, the Democratic chairman would control all staff hiring.

“I’m not saying we have decided this should not go forward,” McConnell said. “But if it’s going to go forward, it needs to be clearly balanced and not tilted one way or the other, so we have an objective evaluation."

McCarthy could face a subpoena

Because McCarthy spoke with Trump during the riot, he is expected to be called as a witness if a commission is created. Trump was impeached after he was accused of inciting the violence but was acquitted in the Senate.

Rep. Fred Upton, R-Mich., told CNN’s "State of the Union" on Sunday that he supported creation of the commission with five members appointed by Democrats and five by Republicans. Subpoenas would be approved by a majority vote or by the top Democrat and Republican appointees.

“I would suspect that Kevin will be subpoenaed,” Upton said. “He will be asked to give his rendition of what happened, as will a number of members of Congress that were there, whether they were barricading the doors inside the chamber.”

Rep. Liz Cheney, R-Wyo., who was ousted over her House leadership position Wednesday because of her opposition to Trump, also told ABC's “This Week” on Friday that McCarthy would be subpoenaed.

"I wouldn't be surprised if he were subpoenaed,” Cheney said.

This article originally appeared on USA TODAY: Kevin McCarthy opposed to commission to study Jan. 6 Capitol riot