Page:Introductory Material to the Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/149



674 Select Committee to Investigate the January 6th Attack on the United States Capitol, Continued Interview of Cassidy Hutchinson, (May 17, 2022), pp. 106–07.

675 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Mark Meadows Production), MM011449.

676 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Mark Meadows Production), MM011506, (November 2020 text messages from Rep. Andy Biggs to Mark Meadows).

677 Josh Kelety, “Congressman Andy Biggs Coordinated Efforts with Mark Finchem before Capitol Riot,” Phoenix New Times, (Feb. 18, 2021), available at https://www.phoenixnewtimes.com/news/congressman-andy-biggscoordinated-with-mark-finchem-before-capitol-riot-11532527.

678 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Jim DeGraffenreid Production), DEGRAFFENREID 000554 (December 18, 2020, text messages between James DeGraffenreid, a Nevada fake elector for Trump, and another remarking that “Andy Biggs ... has reached out to NV to ask about our evidence”).

679 Audrey Fahlberg, “January 6 Hearings Become Fundraising Fodder,” The Dispatch, (July 7, 2022), available at https://thedispatch.com/p/january-6-hearings-become-fundraising; Archive of Political Emails, Jim Jordan, “The January 6th Committee Is After Me,” June 9, 2022 12:41 p.m., available at https://politicalemails.org/messages/686023.

680 John Rowley III to the Honorable Bennie G. Thompson re: “Subpoena to Representative Scott Perry,” (May 24, 2022), available at https://www.documentcloud.org/documents/22061774-scott-perry-j6-response.

681 Committee on Standards of Official Conduct, House Ethics Manual, p. 13 (2008).

682 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R001080 (December 21, 2020, WAVES records showing Representatives Babin, Biggs, Brooks, Gaetz, Gohmert, Gosar, Taylor Greene, Harris, Hice, Jordan, and Perry entering the White House).

683 See Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of John Eastman, (Dec. 9, 2021); Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Roger Stone, (Dec. 17, 2021); Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Jeffrey Clark, (Feb. 2, 2022); Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Michael Flynn, (Mar. 10, 2022).

684 Latif v. Obama, 677 F.3d 1175, 1193 (D.C. Cir. 2012) (quoting Mitchell v. United States, 526 U.S. 314, 328 (1999)). Justice Scalia not only agreed with this principle, but he also reasoned that the Fifth Amendment does not prevent an adverse inference in even criminal cases. This is because the text of that Amendment does not require such a rule and applying an adverse inference to a refusal to testify is exactly in keeping with “normal evidentiary inferences.” See Mitchell, 526 U.S. at 332 (Scalia, J., dissenting). Justice Thomas agreed with Justice Scalia. See id. at 341-42 (Thomas, J., dissenting).

685 Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Michael Flynn, (Mar. 10, 2022), p. 82.

686 Trump v. Thompson, 20 F.4th 10, 15-16 (D.C. Cir. 2021), ''cert. denied'', 142 S.Ct. 1350 (2022).

687 Trump v. Thompson, 20 F.4th 10, 89 (D.C. Cir. 2021) (citation omitted), ''cert. denied'', 142 S.Ct. 1350 (2022). Former President Trump also asked the United State Supreme Court to block the Select Committee from accessing his documents. The Supreme Court denied that request stating, “Because the Court of Appeals concluded that President Trump’s claims would have failed even if he were the incumbent, his status as a former President necessarily made no difference to the court’s decision.” Trump v. Thompson, 142 S.Ct. 680, 680 (2022) (citation omitted).

688 H. Res. 851, 117th Cong., (2021); H. Rept. 117-216, Resolution Recommending that the House of Representatives Find Mark Randall Meadows in Contempt of Congress for Refusal to Comply with a Subpoena Duly Issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong., 1st Sess. (2021), available at https://www.congress.gov/117/crpt/hrpt216/CRPT-117hrpt216.pdf.

689 Statement of Interest of the United States at 9-10, Meadows v. Pelosi et al., No. 1:21-cv-03217 (CJN) (D.D.C. July 15, 2022), ECF No. 42.

690 “Thompson & Cheney Statement on Justice Department Decisions on Contempt Referrals,” Select Committee to Investigate the January 6th Attack on the United States Capitol, (June 3, 2022), available at https://january6th.house.gov/news/press-releases/thompson-cheney-statement-justice-department-decisionscontempt-referrals.