HRES-605-119
Pursuant to the provisions of H. Res. 672, H. Res. 605 is considered passed House. (consideration: CR H3780; text: CR H3780)
Sponsored by Barry Loudermilk (R-GA)
What it does
This resolution establishes a Select Subcommittee of the House Judiciary Committee to investigate remaining questions about the events of January 6, 2021. It grants the subcommittee subpoena power, deposition authority, access to certain intelligence committee information, and directs it to submit a final report by December 31, 2026, after which it would terminate.
Who benefits
Members of Congress on the subcommittee who gain investigative authority and public platform; the public and historians who may gain additional documented information about January 6; the majority party leadership that controls appointment of most members and the chair.
Who is hurt
Individuals and organizations who may be subpoenaed for testimony or records, including former officials, law enforcement agencies, and possibly members of the prior January 6 select committee whose records would be transferred; the minority party, which is guaranteed only up to 3 of 8 appointees and no chairmanship; taxpayers who fund the subcommittee's staff and operations.
Supporters argue
Supporters argue that unresolved factual questions remain about the security failures, coordination, and response on January 6, and that a formal subcommittee with subpoena power is necessary to compel testimony and records that a prior investigation could not obtain. They contend that Congress has an institutional interest in fully documenting events affecting the peaceful transfer of power, similar to past select committees investigating major national events.
Opponents argue
Opponents argue this subcommittee revisits an event already extensively investigated by a prior select committee, the Department of Justice, and multiple criminal prosecutions, making a new inquiry duplicative and potentially politically motivated given the majority's control over appointments and subpoenas. They contend the effort risks being used to challenge or reframe findings of the earlier investigation rather than uncover genuinely new facts, at ongoing cost to taxpayers.
Constitutional context
This resolution rests on the House's Article I, Section 5 authority to determine the rules of its own proceedings, including creating committees and subcommittees and granting subpoena power as part of Congress's implied investigative authority recognized in cases like McGrain v. Daugherty (1927). Courts have generally treated internal chamber organization and committee investigative authority as matters largely committed to each chamber under United States v. Ballin (1892).
Checks and balances
The House gains investigative authority through subpoena and deposition power exercised by the subcommittee chair, checked internally by minority consultation requirements and externally by potential judicial review of subpoena enforcement disputes.
Historical precedent
The House previously established the Select Committee to Investigate the January 6th Attack on the United States Capitol in 2021, which also held subpoena power and issued a final report before terminating.