Five loose ends the Jan. 6 committee has left to tie up

The Jan. 6 committee held what may be its last public hearing Thursday, but the panel has a myriad of issues that remain outstanding.

With a possible Republican takeover of the House looming in the background, the clock is ticking for the committee to resolve its unfinished business. Thursday’s hearing added more to the docket with the subpoena of former President Donald Trump and revelations that the panel still has additional documents to comb through.

SIX TAKEAWAYS FROM LAST JAN. 6 HEARING BEFORE MIDTERM ELECTIONS

Here are five loose ends the Jan. 6 committee has left to tie up

Trump subpoena

Perhaps the most explosive portion of the hearing Thursday came at the end, when the committee voted unanimously in favor of subpoenaing former President Donald Trump for testimony and documents.

Jacquelyn Martin/AP

Questions were immediately raised about whether Trump will agree to comply with the subpoena demand or fight it in court. Privately, Trump has reportedly indicated that he “loves the idea of testifying,” but so far, he has been tight-lipped about whether he will submit to a deposition.

“Why didn’t the Unselect Committee ask me to testify months ago? Why did they wait until the very end, the final moments of their last meeting? Because the Committee is a total “BUST” that has only served to further divide our Country which, by the way, is doing very badly — A laughing stock all over the World,” Trump wrote in a post to his Truth Social platform.

At least two of his allies, including Steve Bannon and former White House adviser Peter Navarro, previously defied Jan. 6 committee subpoena demands and are now facing contempt of Congress charges. But Trump is a former president, and his defiance could raise separation of powers questions in court.

Chairman Bennie Thompson (D-MS) is reportedly planning to subpoena Trump next week, though an exact date has not yet been set.

Secret Service communications

Since the previous public hearing in July, the panel has obtained a trove of Secret Service communications. Panel members highlighted some of their early findings from the over 1 million emails and audio files from the agency during the hearing Thursday.

Rep. Adam Schiff (D-CA) emphasized that the panel has not yet combed through all of the Secret Service material it amassed. Rep. Pete Aguilar (D-CA) also noted that while the committee continues to examine the Secret Service communication tranche, it will call back some witnesses for additional depositions on what has been uncovered.

The communications that the panel reviewed so far have shed light on how the Secret Service uncovered threats of possible violence at least 10 days before the Capitol riot. For example, the agency had a tip that the Proud Boys planned to “kill people” on Jan. 6.

Criminal referrals

From the start of the committee’s work, many have wondered if it will recommend any criminal charges.

During the hearing Thursday, Aguilar made a revelation that the panel will continue to examine “potential obstruction” related to the trove of communications amassed.

Aguilar raised the prospects of obstruction during a discussion about an alleged incident recounted in a prior hearing in which an aide gave a disputed account that Trump attempted to commandeer the steering wheel of a Secret Service vehicle.

He suggested that the panel uncovered evidence of “advice given not to tell the committee” about Trump’s irate behavior during that time.

Schiff also noted during the hearing that the panel found some of the White House and Secret Service witness testimony not to be credible.

Last July, Vice Chairwoman Rep. Liz Cheney (R-WY) grabbed headlines by suggesting that Trump attempted to call witnesses in the committee’s inquiry, but it is not clear if there are any links between her revelations and Aguilar’s. She was adamant during the hearing Thursday that the panel found clear evidence that warranted criminal referrals.

“We have sufficient information to consider criminal referrals and recommend a range of legislative proposals to guard against another January 6, but a key task remains: We must seek the testimony under oath of January 6 central players,” she said during the hearing, alluding to the subpoena of Trump.

Rep. Jamie Raskin (D-MD) has said that he is spearheading efforts on possible criminal referrals. The Justice Department has its own separate criminal inquiry into Jan. 6 running in tandem with the panel.

Final report

The committee has long said it plans to issue a final report and even an interim report on its findings throughout the course of its inquiry. Initially, the panel indicated it would release the interim report in June, but that never happened.

Thompson has maintained that the panel is still planning to release an interim report, but recently, the panel has been tight-lipped about when the report will drop. Legislation that established the committee mandated it to release a final report on its findings. Raskin has said he anticipates the reporting coming out by the end of the year.

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Ramifications of GOP retaking House

Hanging over the panel’s work is the possibility that Republicans will recapture the House in the midterm elections. Multiple forecasts, including from FiveThirtyEight and the Cook Political Report, have predicted Republicans will regain control of the lower chamber.

House Minority Leader Kevin McCarthy (R-CA) yanked his picks for the panel last year, so House Speaker Nancy Pelosi (D-CA) selected the Republicans on the panel. Republicans have long vented over the committee’s anti-Trump composure and have mused about ending the committee or drastically transforming it should they retake power.