The House panel investigating the Jan. 6 U.S. Capitol insurrection requested an interview and documents from Republican Rep. Scott Perry of Pennsylvania on Monday, marking the first time the committee publicly sought to sit down with a sitting member of Congress.
On Tuesday, Perry said he would not comply with the panel's request, raising numerous questions about what the committee's next steps will be.
The latest request launches a new phase for the lawmakers on the committee, who have so far resisted reaching out to one of their own as they investigate the insurrection by President Donald Trump’s supporters and his efforts to overturn the election. Perry and other congressional Republicans met with Trump ahead of the attack and strategized about how they could block the results at the Jan. 6 electoral count.
In a letter to Perry, Mississippi Rep. Bennie Thompson, the Democratic chairman of the panel, said the panel had received evidence from multiple witnesses that Perry had “an important role” in efforts to install Justice Department official Jeffrey Clark as acting attorney general.
“Acting Attorney General Rosen and acting Deputy Attorney General Donoghue have provided evidence regarding these issues, and we have received evidence that others who worked with Mr. Clark were aware of these plans," Thompson said.
"We are also aware that you had multiple text and other communications with President Trump’s former Chief of Staff regarding Mr. Clark — and we also have evidence indicating that in that time frame you sent communications to the former Chief of Staff using the encrypted Signal app," the letter continues.
"In addition, we have information indicating that you communicated at various relevant times with the White House and others involved in other relevant topics, including regarding allegations that the Dominion voting machines had been corrupted," Thompson added.
The letter requests an interview with Perry, who pushed the Justice Department to overturn the election and met with Trump ahead of the violent attack, according to investigators. The panel also asked for any documents and correspondence between Perry and Trump, his legal team or anyone involved in the planning of Jan. 6 events.
On Tuesday, Perry slammed the panel in a Twitter post, blasting the committee as "illegitimate."
In a follow-up post, Perry said he would "decline this entity’s request" before attempting to cast the investigation as a "distraction" from rising inflation, the United States military's withdrawal from Afghanistan and a surge in migrants at the U.S.-Mexico border.
The steps forward for the panel are not yet clear. It raises the question of whether or not the panel will attempt to seek a subpoena forcing Perry to testify, and what steps he might take should he defies such a subpoena.
In a statement to Spectrum News, a spokesperson for the Jan. 6 select committee said that Perry "has information directly relevant to our investigation" and refuted his claims about the legitimacy of the panel.
"While he says that he respects the Constitution and Rule of Law, he fails to note that multiple federal courts, acting pursuant to Article 3 of our Constitution, have already rejected the former President’s claims that the committee lacks an appropriate legislative purpose," the spokesperson continued.
"The Select Committee prefers to gather relevant evidence from members cooperatively, but if members with directly relevant information decline to cooperate and instead endeavor to cover up, the Select Committee will consider seeking such information using other tools," the statement concluded.
The lawmaker representing Pennsylvania's 10th District was cited more than 50 times in a Senate Judiciary report released in October outlining how Trump’s effort to overturn his 2020 election defeat brought the Justice Department to the brink of chaos and prompted top officials there and at the White House to threaten to resign.
Perry, who has continuously disputed the validity of President Joe Biden’s victory in Pennsylvania, has said he obliged Trump’s request for an introduction to Clark, then an assistant attorney general whom Perry knew from unrelated legislative matters. The three men went on to discuss their shared concerns about the election, Perry has said.
The Justice Department found no evidence of widespread fraud in Pennsylvania or any other state, and senior Justice officials dismissed Perry’s claims
The recent Senate report outlined a call Perry made to then-Deputy Attorney General Richard Donoghue last December to say the department wasn’t doing its job with respect to the elections. Perry encouraged Donoghue to elicit Clark’s help because he’s “the kind of guy who could really get in there and do something about this,” the report said.
Perry has previously said his “official communications” with Justice Department officials were consistent with the law.
The letter sent Monday night is the first time the panel has publicly released a request to a fellow member of Congress as it investigates Trump’s communications with his Republican allies. But the panel notably did not subpoena Perry, as it has other witnesses close to Trump whom lawmakers believe have relevant information.
In his letter to Perry, Thompson added that the panel “has tremendous respect for the prerogatives of Congress and the privacy of its Members. At the same time, we have a solemn responsibility to investigate fully all of these facts and circumstances.”
The panel voted in November to hold Clark in contempt after he showed up for a deposition yet declined to answer questions. But Thompson has said he will hold off pursuing the charges and allow Clark to attend another deposition and try again. Clark’s lawyer has said Clark intends to assert his Fifth Amendment right not to incriminate himself, but the deposition has been repeatedly postponed as Clark has dealt with an unidentified medical condition.
"Mr. Clark has informed us that he plans to invoke his 5th Amendment right against self-incrimination in anticipation of a deposition to be conducted by the Committee," a statement from the Jan. 6 panel reads. "When Mr. Clark decided to invoke his 5th Amendment rights, he understood that we planned to pose questions addressing his interactions with you, among a host of other topics."
Trump at the time was pushing false claims of widespread voter fraud and lobbying Vice President Mike Pence and Republican members of Congress to try to overturn the count at the Jan. 6 congressional certification. Election officials across the country, along with the courts, had repeatedly dismissed Trump’s claims.
The deadly insurrection saw an angry mob of Trump supporters, echoing the former president's false claims of election fraud, storm the Capitol building to interrupt the certification of Biden's victory, some brutally beatiny Capitol police and leaving destruction in their wake.
The panel has already interviewed around 300 people as it seeks to create a comprehensive record of the attack and the events leading up to it.