The latest election returns from the still undecided Congressional races across the country suggest that Republicans will retake the House, though their margin of victory will likely be one of the smallest in history.
If indeed the House is under control of the GOP when the new Congress convenes in January, one of the first moves by the new leadership will probably be to pull the plug on the select committee investigating the January 6, 2021 attack on the U.S. Capitol.
But former acting Solicitor General Neal Katyal has a way to make sure the investigation continues, and he shared his idea on the Open Arguments podcast.
In the lame-duck session of Congress, Katyal explained, the committee can transfer their investigation to the Senate, which would then take over the investigation and preserve all of the evidence and records accumulated so far.
Today was the day that disgraced former president Donald Trump was supposed to appear before the Jan. 6 committee. He refused to do so, no doubt worried that if he testified under oath he would commit perjury and be charged with that crime.
Trump’s refusal to appear may trigger a House vote to hold the ex-president in contempt of Congress and make a referral to the Justice Department for that crime.
Trump is also facing criminal charges from the DOJ for his role in the Capitol insurrection. It remains unclear when Attorney General Merrick Garland will choose to make any announcement on a possible indictment of the former president.