J6 Committee Claims Absolute Power as it Investigates Citizens with No Judicial limits

The Committee plotted with JPMorgan and its lawyer, former Obama AG Loretta Lynch, to obtain a citizen's financial records with no possibility of judicial review.

Glenn Greenwald
Jan. 20, 2022


US Representatives Elaine Luria, Adam Schiff, Liz Cheney, Jamie Raskin, Adam Kinzinger and Chairman Bennie Thompson, speak to the media following testimony during the Select Committee to Investigate the January 6th Attack on the US Capitol (Photo by OLIVIER DOULIERY/AFP via Getty Images)

In its ongoing attempt to investigate and gather information about private U.S. citizens, the Congressional 1/6 Committee is claiming virtually absolute powers that not even the FBI or other law enforcement agencies enjoy. Indeed, lawyers for the committee have been explicitly arguing that nothing proscribes or limits their authority to obtain data regarding whichever citizens they target and, even more radically, that the checks imposed on the FBI (such as the requirement to obtain judicial authorization for secret subpoenas) do not apply to the committee.

As we have previously reported and as civil liberties groups have warned, there are serious constitutional doubts about the existence of the committee itself. Under the Constitution and McCarthy-era Supreme Court cases interpreting it, the power to investigate crimes lies with the executive branch, supervised by the judiciary, and not with Congress. Congress does have the power to conduct investigations, but that power is limited to two narrow categories: 1) when doing so is designed to assist in its law-making duties (e.g., directing executives of oil companies to testify when considering new environmental laws) and 2) in order to exert oversight over the executive branch.

What Congress is barred from doing, as two McCarthy-era Supreme Court cases ruled, is exactly what the 1/6 committee is now doing: conducting a separate, parallel criminal investigation in order to uncover political crimes committed by private citizens. Such powers are dangerous precisely because Congress’s investigative powers are not subject to the same safeguards as the FBI and other law enforcement agencies. And just as was true of the 1950s House Un-American Activities Committee (HUAC) that prompted those Supreme Court rulings, the 1/6 committee is not confining its invasive investigative activities to executive branch officials or even citizens who engaged in violence or other illegality on January 6, but instead is investigating anyone and everyone who exercised their Constitutional rights to express views about and organize protests over their belief that the 2020 presidential election contained fraud. Indeed, the committee's initial targets appear to be taken from the list of those who applied for protest permits in Washington: a perfectly legal, indeed constitutionally protected, act.

This abuse of power is not merely abstract. The Congressional 1/6 Committee has been secretly obtaining private information about American citizens en masse: telephone records, email logs, internet and browsing history, and banking transactions. And it has done so without any limitations or safeguards: no judicial oversight, no need for warrants, no legal limitations of any kind.

Indeed, the committee has been purposely attempting to prevent citizens who are the targets of their investigative orders to have any opportunity to contest the legality of this behavior in court. As we reported in October,

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There is another group that can claim absolute power.

The people.

But what we need is a stronger government...but this time it will help our side. Promise.

Rope. Tree. Politicians


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Does anyone else find it absolutely amazing that of all people, lame-duck (R) Liz Cheney is now LEADING the Dems' J6 Kangaroo Court Committee crusade and proceedings and running it like Frau Hitler? And being given an iron-fist to fully abuse the committee's power by whim, subpoenaing anyone and everyone at will out of rage & revenge?

Where are the checks & balances of what WAS a Constitutional Republic and NOT Stalinist authoritarianism run amok?

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Does anyone else find it absolutely amazing that of all people, lame-duck (R) Liz Cheney is now LEADING the Dems' J6 Kangaroo Court Committee crusade and proceedings and running it like Frau Hitler? And being given an iron-fist to fully abuse the committee's power by whim, subpoenaing anyone and everyone at will out of rage & revenge?

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I’m not amazed by any of this authoritarian BS anymore. I’m pissed and disgusted at what this country has become. I would have never believed 20 years ago if this authoritarian madness were to unfold like it has that Americans would just acquiesce and roll over.

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I’m pissed and disgusted at what this country has become. I would have never believed 20 years ago if this authoritarian madness were to unfold like it has that Americans would just acquiesce and roll over.

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Hear ya.

America firmly believed that our Constitution and in leaders for which honor and loyalty (and basically the US Marines motto) would ultimately prevail.

But the writing was on the wall as soon as 0bama somehow rolled into the WH with all his baggage...THEN somehow even got re-elected. Once that occurred, there was good possibility that they'd never leave "office". Confirmed on Jan 20, 2017.

The entire Dem Party suddenly morphed into the Commie Party...and "Republicans" merely plucked out their hummingbird balls and chucked the cuck-masks.

"Patriot Act"

In full force. Thank you "W"

Little Georgie could not get elected dog catcher now.

Between emergency powers and this J6 sham, is there anything outside constitutional bounds this government isn’t willing to do?

If republicans in congress had balls they tell democrats that they will do the same thing e we hen they regain power. Let’s see how fast the ANTIFA and BLM members rat out their leaders when they are facing 10 years in prison.