Capitol attack panel grapples with moving inquiry forward: to subpoena or not?

The select committee is undecided on whether to take that near-unprecedented step, in part because of one major concern that has emerged in recent days, according to two sources familiar with the matter: Republican retaliation against Biden and Democrats in future inquiries.

In private conversations, some members and investigators on the select committee have expressed how appalled they are at the refusal of McCarthy and the Republican lawmakers to help the investigation, and feel prepared to subpoena for their testimony, the sources said.

In response, some members and investigators on the select committee have quietly raised the possibility that if the panel declines to subpoena Republicans now, then a Republican majority might not subpoena Democrats in the future, the sources said.

The issue has proved a difficult conundrum for the select committee, which started serious discussions about subpoenas to Republicans after Jordan and Perry refused to cooperate, and escalated the urgency of talks after McCarthy also declined to help the inquiry.

Even in the absence of any formal decision, the possibility of subpoenas has already become a touch point as the select committee grapples with the so-called speech and debate clause in the constitution that shields lawmakers while they perform their official duties.

A spokesperson for the select committee declined to comment on internal discussions about how aggressively the panel might act to secure cooperation from McCarthy, or whether counsel for the panel has reached a determination on the matter.

There remains a possibility that McCarthy, Perry and Jordan might cooperate with the select committee in the event of a subpoena, using the potential legal threat to justify their reversals to Trump, who the Guardian reported last month is agitated by the investigation.