House passes bill to create investigative commission on Jan. 6 Capitol riot

WASHINGTON - The House voted Wednesday to create an independent commission on the deadly Jan. 6 insurrection at the U.S. Capitol, sending the legislation to an uncertain future in the Senate as Republican increasingly line up against the bipartisan investigation and align themselves with former President Donald Trump.

Democrats say an independent investigation is crucial to reckoning what happened that day, when a violent mob of Trump's supporters smashed into the Capitol to try and overturn President Joe Biden's victory. Modeled after the investigation into the Sept. 11, 2001, attacks, the legislation would establish an independent, 10-member commission that would make recommendations by the end of the year for securing the Capitol and preventing another insurrection. It passed the House 252-175.

But top Republicans in Congress have worked to stop it. Senate Republican leader Mitch McConnell said Wednesday he’s in opposition, just one day after House GOP Leader Kevin McCarthy also said he will not support it. Both men claimed the bill was partisan, even though membership of the proposed commission would be evenly split between the parties.

On Wednesday, in response to the opposition, Members of the United States Capitol Police reportedly published an anonymous letter that was first obtained by a Politico reporter expressing "profound disappointment," with McConnell’s reservations on forming a commission to investigate the Capitol riots. 

"We members of the United States Capitol Police write this letter to express our profound disappointment with the recent comments from both chambers’ minority leaders expressing no need for a January 6th commission," the letter read.

But shortly after the letter circulated online, the official Twitter account for the U.S. Capitol Police said the letter "is NOT an official USCP statement."

The agency added that there is "no way of confirming it was even authored by USCP personnel."

The opposition to forming the commission is a blow to Democrats who say an independent, bipartisan investigation of the siege is crucial to prevent it from happening again.

RELATED: GOP Leader McCarthy opposes forming bipartisan commission to investigate Capitol riot

Schumer said Wednesday he will hold a vote on the bill despite the GOP objections, charging that Republicans are "caving" to former President Donald Trump, who encouraged his supporters to head to Capitol Hill that day to stop the counting of the electoral votes and overturn his defeat to Democrat Joe Biden.

Trump released a statement Tuesday night urging Republicans against approving what he called a "Democrat trap."

On Tuesday, McConnell questioned whether the panel's work would interfere with the hundreds of criminal cases stemming from the Jan. 6 attack, in which rioters brutally beat police, broke in through windows and doors and hunted for lawmakers as they fled. McConnell said he also wanted to read the "fine print" of the bill and ensure that both parties on the commission have an equal say.

He also questioned a separate $1.9 billion spending bill that the House is expected to pass this week for security upgrades. "We're not sure what to spend the money on yet," he said.

RELATED: Amid threats to Congress members, House to vote on new security measure

The two GOP leaders' positions will almost certainly mean fewer Republicans will support the commission in both chambers, as most in the party are still loath to upset Trump. But the votes in the House and Senate will also expose divisions in the party, as some Republicans have said they think an independent review is necessary.

In private GOP caucus meetings across the Capitol on Tuesday, members argued for and against the idea.

Several Republican lawmakers joined McCarthy in speaking against the commission early Tuesday during a meeting of House Republicans, according to one Republican familiar with the private session who spoke on condition of anonymity to discuss it. The Republican who negotiated the bill with Democrats, New York Rep. John Katko, argued in favor.

"I recognize there are differing views on this issue, which is an inherent part of the legislative process and not something I take personally," Katko said in a statement. "However, as the Republican Leader of the Homeland Security Committee, I feel a deep obligation to get the answers U.S. Capitol Police and Americans deserve and ensure an attack on the heart of our democracy never happens again."

McConnell said his caucus had "a good discussion" in their closed-door lunch.

Some Republicans, such as Missouri Sen. Roy Blunt, recommended that his colleagues oppose the commission. Blunt, the top Republican on the Senate Rules Committee, is working on a bipartisan report with his Democratic colleagues that will include some recommendations for security upgrades. He said an independent investigation would take too long and "frankly, I don’t think there are that many gaps to be filled in on what happened on Jan. 6, as it relates to building security."

Other Senate Republicans have signaled support for the commission. Utah Sen. Mitt Romney said Tuesday that given the violent attack, "we should understand what mistakes were made and how we could prevent them from happening again."

Modeled after the investigation into the Sept. 11, 2001, attacks, the bill would establish an independent, 10-member commission that would make recommendations for securing the Capitol and preventing another insurrection. The panel would have to issue a final report by Dec. 31.

The debate over the commission comes at a time when some Republicans have begun to downplay the severity of the Jan. 6 attack. And many Republicans say the commission should only be established if it can investigate other violent acts, including racial justice protests last summer following the killing of George Floyd by police. McConnell declined to answer a question about whether he agreed with that, despite advocating for a broader investigation earlier this year. On Tuesday, McConnell would say only that Republicans were "evaluating what is appropriate."

Some have suggested that McCarthy himself could be subpoenaed by the panel because he talked to Trump as the Capitol was breached. Wyoming Rep. Liz Cheney, who was booted out of GOP leadership last week for her criticism of Trump’s false claims of a stolen election, suggested as much in an interview with ABC News, saying she "wouldn’t be surprised" if McCarthy was questioned in the investigation. Cheney has backed the commission.

Cheney and Katko are two of 10 Republicans who voted to impeach Trump after the insurrection for telling his supporters that day to "fight like hell" to overturn his defeat. The Senate later acquitted him.

House Speaker Nancy Pelosi, D-Calif., called McCarthy's opposition to the commission "cowardice" and said he doesn't want to find the truth. She released a February letter from the GOP leader in which he asked for an even split of Democrats and Republican commissioners, equal subpoena power and no predetermined findings or conclusions listed in the legislation. The bipartisan legislation accommodates all three of those requests, she said.

"Leader McCarthy won’t take yes for an answer," she said.

The Biden administration said that it supports the legislation and that the American people deserve "a full and fair accounting to prevent future violence and strengthen the security and resilience of our democratic institutions."

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Associated Press writer Steven Sloan contributed to this report.