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Mo Brooks admits to receiving ‘legally defective’ subpoena from January 6 committee

In May, the House Select Committee to investigate the January 6 attack on the U.S. Capitol said it issued subpoenas for five Republican members of Congress, including U.S. Rep. Mo Brooks (R-Huntsville).

While hearing about the issue from media reports for weeks, Brooks said he did not actually receive any subpoena until June 26.

Before being delivered the subpoena, Brooks already said he would voluntarily speak with the committee under certain conditions, which he laid out in a letter sent to them last week.

Friday on WVNN’s “The Yaffee Program,” Brooks discussed the potential of testifying to the January 6 committee.

“I’ve received it,” said Brooks. “It’s defective in a lot of different ways, legally defective. I’m going to reiterate to the January 6 committee that I’m more than happy to voluntarily testify provided they meet certain terms and conditions that make it a better process. Otherwise, I will join the rest of my colleagues and fight it for a variety of legal reasons that are available to fight it with.”

The congressman said he would be sending his official response to the committee’s request next week.

“[O]n July 5 I will formally respond to their subpoena request,” he explained. “That ought to be delivered to them on July 5, at least I’ve instructed my staff to deliver a letter to the committee on July 5, the deposition day is July 6, reiterating what I said about a month or two ago that I’m willing to voluntarily testify providing these conditions are met, but if not well then here are the legal flaws to the subpoena that you’ve served on me that make it unenforceable under the law.”

Brooks pointed out that the other Republicans had also responded in similar ways to the their subpoenas.

“That duplicates to a large degree the subpoena responses from the Republican leader Kevin McCarthy, Congressman Andy Biggs, and other congressman who have already done a lot of the homework on this,” he said.

About the committee hearings in the past week, Brooks admitted that they had not made former President Donald Trump look good.

“Yeah, it’s really bad PR for Donald Trump. He’s being eviscerated,” he responded. “I don’t know if he’ll be indicted or not. I have a high degree of confidence that the Democrats are trying to figure out a way to prevent Donald Trump from running for president in 2024, certainly an indictment is one of those ways, and if they can find a prosecutor that wants to make a name for themselves, if they can find a grand jury in a strongly Democrat area of the country like Washington, D.C. or New York City … if they can find a way to get a criminal prosecuting in front of an overwhelmingly Democrat court and jury, then Donald Trump is at risk of being convicted. Now how great of risk I don’t know.”

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” Weekdays 9-11am on WVNN. You can follow him on Twitter @Yaffee

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