Analysis details the weird way Jim Jordan could end up getting arrested by Congress

Analysis details the weird way Jim Jordan could end up getting arrested by Congress
Rep. Jim Jordan (Image via Gage Skidmore)

As the House Select Committee continues its investigation into the insurrection on the U.S. Capitol, the latest evidence suggests a small group of Republican lawmakers may have significant information about what transpired on Jan. 6.

According to MSNBC, Republican lawmakers including Rep. Jim Jordan (R-Ohio,) Rep. Scott Perry (R-Calif.), Rep. Louie Gohmert (R-Texas) could be facing subpoenas from Congress for their alleged involvement in planning the series of events that led to the deadly insurrection.

In a letter addressed to Perry, Rep. Bennie Thompson, D-Miss., chair of the House Select Committee, indicated that investigators are “aware that you had multiple text and other communications with President Trump’s former Chief of Staff regarding Mr. Clark—and we also have evidence indicating that in that time frame you sent communications to the former Chief of Staff using the encrypted Signal app.”

The looming unprecedented possibility of lawmakers being subpoenaed raises questions about the challenges that could lie ahead. MSNBC's Hayes Brown has highlighted how compliance issues could be the greatest challenge for Congress. "So what happens if Perry — or, for example, his fellow schemers Jordan and Rep. Louie Gohmert, R-Texas — gets a subpoena?" Brown asked.

Many Republicans and Trump allies facing subpoenas have already refused to comply. Brown noted, "the short answer is that we don’t really know — there’s never been a situation like this before."

Brown referenced an excerpt from a piece published by The Atlantic back in August. Kimberly Wehle, a law professor at the University of Baltimore's School of Law, highlighted how the law could be on the Democrats' side despite Republicans' refusal to comply.

“There is no established historical or legal precedent regarding congressional power to enforce subpoenas against members of Congress," Wehle wrote. "But if the bipartisan committee has to defend the subpoenas in federal court, it could make a strong argument that the Constitution allows a court to order compliance.”

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