Rep. Andy Biggs (R-AZ) formally objected to the Jan. 6 Select Committee’s subpoena asking him to testify before the panel in a letter sent to chair Rep. Bennie Thompson (D-MS) last week.
Among their arguments objecting to the subpoena on Biggs’ behalf, the GOP congressman’s lawyers took aim at the committee’s make-up of seven Democrats and two Republicans. Biggs’ lawyers argued that the panel is constitutionally invalid because the House resolution behind it requires 13 members. They took issue with House Speaker Nancy Pelosi’s (D-CA) appointment of all of the committee’s members — which happened after Pelosi rejected two of House Minority Leader Kevin McCarthy’s (R-CA) picks, prompting him to yank all of his other appointees.
“This is not a captious carping on technicalities,” Biggs’ lawyers Kory Langhofer and Thomas Basile wrote. “The Committee’s composition bears directly on the constitutional legitimacy of its ostensible investigation and the lawfulness of its use of compulsory process.”
Additionally, Biggs’ lawyers argue that the GOP congressman’s activities related to his objection to certifying Joe Biden’s electoral victory on Jan. 6 are “immune legislative acts.”
“Congressman Biggs’ actual or imagined communications, activities or votes in connection with the certification of electoral votes are immune legislative acts that are privileged from compelled disclosure to this Committee or to any other tribunal,” Biggs’ lawyers wrote.
Biggs was subpoenaed alongside McCarthy as well as Reps. Scott Perry (R-PA), Jim Jordan (R-OH) and Mo Brooks (R-AL) earlier this month.
On Friday, McCarthy sent a letter to the committee, in which he signaled his refusal to testify before the panel. McCarthy’s lawyer, Elliot S. Berke, claimed the subpoena is constitutionally invalid because it fell short of certain legal standards. Berke also argued that the make-up of the committee violates the House resolution that established it.
Jordan and Brooks also stopped short of complying with the committee’s subpoena by outlining their list of demands before they would agree to testify before the panel.
In a letter sent to the panel late Wednesday, Jordan reportedly demanded the committee provide him with all of the materials it would use to question him if he sits for a deposition, according to the Washington Post.
On Sunday, Brooks detailed his list of demands for the committee during an interview on Fox News. Brooks said he would consult with his other GOP colleagues who have been subpoenaed by the committee before he would commit to testifying. Additionally, Brooks said he would refuse to testify before the committee if it’s not public and if it happens before his Alabama Senate GOP primary runoff election against Katie Britt next month.