Mazars Creep and the Jan. 6 Committee

This article has been indexed from Lawfare

According to Stanley Brand, the former general counsel to the House of Representatives, the House select committee probe into the Jan. 6 Capitol riot is “the mother of all investigations.” It’s “a quantum leap for Congress in a way I’ve never seen before,” Brand told the New York Times recently.

The committee has been working since July 2021 to uncover the facts about what happened during the assault on Congress and in the lead-up to the riot. According to the Times, the investigation so far appears to be of unusually vast breadth, and the committee is pushing forward assertively in its work.

All this, as Brand argues, may make the Jan. 6 committee’s investigation different from that of other congressional inquiries before it. But as the committee chooses its tactics, its work is also shaped by the shadow of Trump v. Mazars—the Supreme Court’s 2020 ruling on Congress’s ability to investigate the president. The court found that a sitting president’s pe

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