On Monday, December 9, Liz Cheney, a former member of Congress and the January 6 Committee, asserted that she should not face imprisonment despite allegations of having destroyed over 100 documents related to the committee’s investigations. This statement followed remarks made by President-elect Donald Trump on December 8, in which he accused the committee members of destroying evidence that could have cleared him of any wrongdoing.
Representative Barry Loudermilk, who conducted an investigation into the committee’s activities and uncovered the missing files, stated to Fox News in January 2022, “It is evident that the January 6 Committee took significant measures to prevent the American public from accessing certain documents generated during their investigation. Furthermore, it seems that Bennie Thompson and Liz Cheney aimed to obstruct our Subcommittee by neglecting to preserve essential information and videos as mandated by House regulations.”
In an interview with NBC’s Kristen Welker, Trump criticized the January 6 Committee members, declaring, “Cheney committed an inexcusable act, along with Thompson and the other members of this politically motivated committee. They deleted and destroyed all evidence.” He further remarked, “Biden has the option to grant them a pardon if he chooses, and perhaps he should.” Trump elaborated on the necessity of a pardon, stating, “Keep in mind that the unselect committee conducted a year and a half of sworn testimony, and after gathering all the evidence, they deleted and destroyed nearly everything. There is nothing remaining. This is unprecedented, and they deny any wrongdoing. In a civil case, such actions could lead to imprisonment.”
Welker, in a follow-up inquiry, posed the question, “Do you believe Liz Cheney should be incarcerated?” The response was, “Anyone who voted in favor –” However, Welker interjected, “Will you instruct your FBI director and attorney general to imprison them?” Trump replied, “Not at all. I think they will need to examine that … they can act as they see fit.”
As anticipated, Liz Cheney reacted strongly to these remarks and Trump’s accusations of misconduct. Without clarifying the whereabouts of the files, she asserted, “Donald Trump is aware that his assertions regarding the select committee are absurd and unfounded, as has been thoroughly documented, including by Chairman Thompson.”
Additionally, she stated in reports by the New York Times that the notion of penalizing current and former members of Congress for the destruction of evidence constitutes an “assault on the rule of law.” She emphasized, “Trump’s implication that members of Congress who subsequently investigated his unlawful and unconstitutional actions should face imprisonment is a continuation of his attack on the rule of law and the very foundations of our republic.”
Moreover, she asserted that there exists no “factual or constitutional” justification for penalizing those who have destroyed evidence, stating, “There is no conceivable factual or constitutional basis for what Donald Trump is proposing — a Justice Department investigation into the activities of a congressional committee — and any attorney who attempts to pursue such a path would soon find themselves engaging in conduct subject to sanctions.”
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