House Minority Leader Kevin McCarthy’s attorney has received a subpoena sent by the Jan. 6 select committee, but it remains unclear whether the California Republican will comply with the order.

McCarthy was among five Republican lawmakers subpoenaed by the panel on Thursday, along with Reps. Andy Biggs of Arizona, Scott Perry of Pennsylvania, Jim Jordan of Ohio, and Mo Brooks of Alabama, with the other members stating that they have not yet received the document.

When pressed on whether he would comply on Friday, McCarthy told reporters, “Have a very nice weekend — stay safe,” dodging questions pertaining to the investigation.

The Trump-allied lawmakers were previously asked to cooperate with the inquiry voluntarily, but they rebuffed the request, alleging the select committee is conducting a “partisan witch hunt.” The subpoena demands that the lawmakers appear before the panel on May 31 or potentially be held in contempt of Congress and liable to prosecution.


The select committee’s decision to subpoena members was an unprecedented move and something members of the panel wrestled with for months before ultimately deciding to move forward.

“We recognize the precedent of it, but Jan. 6 was unprecedented, and, you know, we've outlined pretty well what our interest is, and I think it's important to get that,” Rep. Adam Kinzinger (R-IL) told the Washington Examiner on Thursday.

With political forecasters predicting that Republicans will take back the House majority in November, some conservatives have voiced calls to investigate top Democrats and the Biden administration next year. But the decision to issue subpoenas for members of Congress outside of the House Ethics Committee may complicate the dynamics of future investigations.

“Traditionally, Congress hasn't subpoenaed other members,” one senior GOP lawmaker said. “So, I'm anxious to see what happens with this Jan. 6 committee, and I'm going to sit back and watch, and then we'll make determinations based on what happens with their actions with regards to disciplining those five members.”

Rep. James Comer (KY), the top Republican on the House Oversight Committee, said that Democrats' decisions to impeach former President Donald Trump twice and issue subpoenas have led to voters ramping up pressure on members to move to impeach President Joe Biden and take similar action if the party retakes the majority.

“The bottom line is the Democrats have set a lot of precedent and behaved badly, and now, I think there are a lot of Republican voters that expect us to retaliate in the same manner, and that's just terrible for this institution and terrible for the process,” he said.


While the House voted largely along party lines to hold White House aides Steve Bannon, Mark Meadows, Peter Navarro, and Dan Scavino in contempt, it’s unclear whether the committee will take similar action if the subpoenas are defied.

"We have some options that we won't discuss now, but the hope is obviously that they come in and testify — we’re not out to get them, we just need information,” Kinzinger said.