The Republican vengeance plan comes into focus

Enraged Republicans waiting to take control of the House have revealed what is probably a key part of their vengeance plan. Things are going to get nasty once the Republicans gain power again.

House Minority Leader Kevin McCarthy mentioned the GOP strategy in a letter to 1/6 committee Democratic chairman Bennie Thompson. The letter instructed Thompson to “preserve all records collected and transcripts of testimony taken.” The Republicans clearly intend to scrutinize most or all of the materials and evidence the 1/6 committee collected. What are the Republicans going to look for? Probably multiple things, definitely including perjury before congress under 18 US Code § 1001.[1] Republican witch hunts are going to commence on Jan. 3, 2023.

McCarthy’s letter says: 

The American people chose Republicans to lead the 118th Congress. On January 3, 2023, your work as Chairman of the Select Committee to Investigate the January 6th Attack on the United States Capitol will come to an end. For those reasons, I remind you and your staff on the Committee to preserve all records collected and transcripts of testimony taken during your investigation in accordance with House Rule VII. As the Chairman, regardless of who may be directing the work of the Committee, you are responsible for the work done by its members and staff. 

It is clear based on recent news reports that even your own members and staff of the Committee have no visibility into the totality of the investigation2. Some reports suggest that entire swaths of findings will be left out of the Co1mnittee's final report.3 You have spent a year and a half and millions of taxpayers' dollars conducting this investigation. The official Congressional Records do not belong to you or any member, but to the American people, and they are owed all of the information you gathered - not merely the information that comports with your political agenda. Although your Committee's public hearings did not focus on why the Capitol complex was not secure on January 6, 2021, the Republican majority in the 118th Congress will hold hearings that do so. The American people have a right to know that the allegations you have made are supported by the facts and to be able to view the transcripts with an eye toward encouraged enforcement of 18 USC 1001. (emphasis added)

McCarthy’s threatening tone, intent to extract vengeance and intent to immediately stop the 1/6 investigation of Trump and the coup attempt are clear. The investigation ends on Jan. 3, the day the Republicans take control of the House. As far as the Republicans are concerned, there is nothing to investigate about the coup attempt. An NYT opinion piece describes what the Republicans want to do with 18 USC 1001:

Kevin McCarthy reveals exactly how 

the GOP House will protect Trump

[McCarthy’s] letter made news, even though the committee is already required by law to preserve all records and transcripts. The GOP majority will have access to all those records no matter what the committee publicly releases.

But buried in the letter is a cryptic reference with ugly implications for what’s to come. McCarthy wrote that Republicans want those materials preserved “with an eye toward encouraged enforcement of 18 USC 1001,” with no further comment.

What does that mean? Well, that statute criminalizes lying to Congress. From that, I think, we can glean what might be one of the House GOP’s coming schemes: Dig through transcripts and other material to twist committee findings into “proof” that key elements of the anti-Trump testimony were deceptive, or even perjury.

That could function as a pretext to haul witnesses back for another grilling from Republicans. This would be deliberate spectacle: By publicly flogging witnesses who most damaged Trump, Republicans would provide grist for right-wing media to claim the most damning revelations had been decisively discredited, no matter what the facts show.

NYU law professor Ryan Goodman, who has closely tracked the Jan. 6 investigation, agrees Republicans have tipped their hand. “They appear to be devising a tactic to try to undermine testimony, to the end of satisfying Trump and the far-right parts of the party,” Goodman told me.

As Goodman noted, Republicans don’t even have to grill witnesses again (which could backfire with sympathetic ones such as former White House aide Cassidy Hutchinson). They could simply cherry-pick from full transcripts in ways designed to distort their actual testimony.

“There’s no reason to think they will faithfully examine the transcripts,” Goodman said. “They’ll quite likely selectively use quotes just to create the appearance of contradictions or false statements.”

This defense of Trump vendetta is going to get real ugly. There is not one shred of goodwill or good faith in the fascist Republicans here. We are witnessing the start of enraged vengeance and exercise of power (not democratic governance) in extreme cynicism and bad faith. I basically agree with Goodman’s assertions that (i) there is no persuasive reason to think the Republicans will faithfully examine the transcripts, and that (ii) they will probably cherry pick quotes and evidence to create an appearance of contradictions and/or false statements. Even if there are honest mistakes, Republicans and the radical right propaganda Leviathan will trumpet every one of them long and loud, and probably distort most of them in the process. 

Worst case scenario: the fascists cross the line and fabricate evidence to advance their lies and slanders agenda in defense of Trump and the GOP.

Footnote: 

1. 18 USC § 1001 - Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

This law applies to all congressional investigations by any House or Senate committee, subcommittee, commission or office.