In a shameful display of sycophancy, disgraced former Speaker of the House Newt Gingrich threatened that members of the January 6th investigative committee would go to jail or prison if Republicans regain control of the House of Representatives. Gingrich’s comments demonstrate the obvious authoritarian bent of today’s Republican Party. His comments are not based in either fact or law, and could be construed as an attempt to intimidate members of the January 6th Committee, a violation of 18 U.S. Code § 1505. Democrats would do well to begin drafting referrals to the DOJ whenever Republicans engage in these kinds of attempts at intimidation and gaslighting.

The Supreme Court established in McGrain v. Daughterty that any investigation that serves the interests of Congress has an inherent legislative purpose. As Congress has already stated an interest in revising the Electoral Count Act to eliminate ambiguity that Trump’s Willard Hotel “War Room” lawyers demonstrated an interest in leveraging, the motives of the January 6th Committee are not open to question.

The Speech & Debate clause of the Constitution states that lawmakers shall have a right to express themselves freely in legislative chambers and “shall not be questioned in any other place”. The legislative immunity granted to members of the January 6th Committee cannot be over=ridden by some ridiculous partisan attempt at an investigation, and declaring an intent to exact retribution against lawmakers for their participation in the committee demonstrates intent on the part of Republicans to over-ride established Constitutional order and abuse the authority of their offices.

18 U.S. Code § 1505 – Obstruction of proceedings before departments, agencies, and committees  declares that: “Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—Shall be fined under this title, [or] imprisoned not more than 5 years…” Threats of sending to lawmakers to jail or prison for their participation in the committee should be regarded as a prima facie example of attempted intimidation as described in that statute.

One of the greatest problems with American politics today is that Republicans seem to have no fear of breaking our laws, while Democrats seem to have an overwhelming fear of what will happen if they try to enforce the law. Democrats would do well to issue a referral for Gingrich to the Department of Justice, for attempting to harass and intimidate members of a Congressional Committee.