Now it’s time to turn the tables as former White House Chief of Staff Mark Meadows made a bolder move by suing House Speaker Nancy Pelosi and the House panel probing the Jan. 6 attack on the U.S. Capitol.
The lawsuit argues the committee is unconstitutional and in violation of House rules.
Meanwhile, as expected from CNN and other left-wing establishment media, they said the lawsuit was a last-ditch effort by a man desperate to avoid a subpoena — or desperate to appease his former boss, Donald Trump.
Yet the lawsuit is a serious threat to the existence of the committee.
Meadows’ lawsuit points to those conflicting claims, it reads:
“Mr. Meadows, a witness, has been put in the untenable position of choosing between conflicting privilege claims that are of constitutional origin and dimension and having to either risk enforcement of the subpoena issued to him, not merely by the House of Representatives, but through actions by the Executive and Judicial Branches, or, alternatively, unilaterally abandoning the former president’s claims of privileges and immunities.”
The lawsuit makes some familiar arguments, such as that the committee is violating the Constitution’s separation of powers by encroaching on executive privilege. Former Trump aide Stephen K. Bannon, who is being prosecuted by the supposedly apolitical Department of Justice for contempt of Congress, is making the same case against his subpoena in federal court.
But Meadows goes further, pointing out that the January 6 committee violates the terms of its own enabling resolution.
The resolution, H. Res. 503, provides that the committee “shall” consist of 13 members, five of which “shall be appointed after consultation with the minority leader.”
But the committee only has nine members, seven of whom are Democrats, and only two of whom are hand-picked anti-Trump Republicans. Speaker of the House Nancy Pelosi (D-CA) rejected the five members chosen by House Minority Leader Kevin McCarthy (D-CA), an unprecedented step to ensure a one-sided inquiry.
Furthermore, Meadows’s lawsuit points out that while the chair of the committee can order subpoenas, that authority is not absolute. H. Res. 503 requires the chair of the committee to consult with the ranking member before issuing a subpoena for a deposition. But the committee has no ranking Republican member, which could make the committee’s subpoenas invalid.
Here’s what happens if the lawsuit is successful:
First, he could not only block his own subpoena but could see the entire committee declared invalid. Then, Pelosi and the Democrats would have to start over — this time, obeying the rules, with five Republican members.
That outlet noted that Each of the members — including the two Republicans, who are posing as defenders of the rule of law — is going to have to answer, and explain why they are participating in a Star Chamber that violates not only the principles of the Constitution but the explicit rules authorized by the House Democrats in a supposed effort to protect democracy.