McCarthy, GOP face a delicate dance on Jan. 6 committee

House Minority Leader Kevin McCarthyKevin McCarthySunday shows – Fauci in the spotlight Kinzinger urges Republican leaders to call out ‘garbage politicians’ who play on vaccine fears Investigating the Jan. 6 insurrection will resurrect democracy MORE (R-Calif.) faces a daunting task as he weighs his options for appointing Republicans to a special committee to investigate the Capitol attack of Jan. 6.

Formally, his picks need approval from Democratic leaders, who wrote the rules for the panel. Informally, McCarthy’s choices can’t upset former President TrumpDonald TrumpYoungkin releases new ad seeking to tie McAuliffe to Trump in Virginia’s governors race Trump says being impeached twice didn’t change him: ‘I became worse’ Lobbyists, moderate Democrats rely on debunked arguments against tax hikes MORE, who remains the party’s kingmaker. And internally, they can’t alienate one faction of McCarthy’s conference or another, which could threaten his chances of becoming Speaker if the House flips in next year’s midterm elections.

Yet there’s a fourth complication, as well: A number of lawmakers say they’re simply not interested in being on the committee.

“It’s not on Rep. Upton’s bucket list to serve on the select committee,” said Billy Fuerst, a spokesman for Fred UptonFrederick (Fred) Stephen UptonCheney, Kinzinger are sole GOP votes for Jan. 6 select committee Fauci: Emails highlight confusion about Trump administration’s mixed messages early in pandemic Why Republican politicians are sticking with Trump MORE, the veteran Michigan Republican.

Upton is hardly alone. The Hill last week contacted the offices of 30 Republicans who had supported an independent commission to investigate the Jan. 6 attack. Only two would comment for this story — Upton and Rep. Andrew Garbarino (N.Y.) — and neither indicated the slightest desire to serve on the panel.

“The Select Committee is not about getting answers, it’s just another platform for Democrats to bash Republicans,” Garbarino said in a statement lamenting that Speaker Nancy PelosiNancy PelosiPhotos of the Week: Therapy dog, Surfside memorial and Chinese dancers Investigating the Jan. 6 insurrection will resurrect democracy Hillicon Valley: Warren asks SEC to take closer look at cryptocurrency exchanges | Maryland town knocked offline as part of massive ransomware attack | Huawei hires three new lobbying firms MORE (D-Calif.) had not applied the rules of the independent commission to the select committee.

“The best any Republican participants can hope for,” he added, “is to push back on whatever partisan divisive claims Democratic members make throughout this process.”

Despite the criticism, there are political advantages to the select committee for GOP lawmakers, who will have an easier time bashing Pelosi’s creation than they would the independent commission, which was negotiated and endorsed by Rep. John KatkoJohn Michael KatkoMore than 75 Capitol Police officers have quit amid low morale since Jan. 6: report Five big questions about the Jan. 6 select committee Cheney, Kinzinger are sole GOP votes for Jan. 6 select committee MORE (N.Y.), the top Republican on the House Homeland Security Committee.

“The select committee allows Republicans to attack it a little more than they would with an independent commission,” a GOP aide told The Hill.

But the reluctance of lawmakers to participate on the panel — or even to talk about it with the press — also hints at some of the potential pitfalls facing McCarthy and Republicans as the process evolves.

The Capitol attack was conducted by Trump supporters hoping to reverse his election defeat, injuring almost 140 police officers in the process. And Republicans on the panel will be put in a challenging spot, wary not to appear too critical of the officers now condemning Trump’s actions — or too sympathetic to the violent pro-Trump mob — all while defending a former president who had encouraged the crowd to march on the Capitol to block the peaceful transfer of power.

The GOP conference is stacked with Trump allies, including a handful of conservative rabble-rousers who have downplayed the violence of Jan. 6 and are more than eager to defend the former president on such a prominent stage. Reps. Matt GaetzMatthew (Matt) GaetzCalifornia event center drops plans to host Gaetz, Greene’s ‘America First’ tour Trump says ‘no reason’ for officer to shoot rioter, pushing conspiracy theory Gaetz associate seeks sentencing delay, still cooperating with prosecutors MORE (R-Fla.), Louie GohmertLouis (Louie) Buller GohmertThe Hill’s Morning Report – Cheney ‘honored’ to serve on select committee Ethics panel dismisses GOP lawmaker’s ,000 metal detector fine House Ethics panel upholds ,000 metal detector fine against GOP lawmaker MORE (R-Texas), Marjorie Taylor GreeneMarjorie Taylor GreeneGOP efforts to downplay danger of Capitol riot increase The Memo: What now for anti-Trump Republicans? Rep. Marjorie Taylor Greene says she’s meeting with Trump ‘soon’ in Florida MORE (R-Ga.) and Lauren BoebertLauren BoebertKinzinger urges Republican leaders to call out ‘garbage politicians’ who play on vaccine fears GOP women’s group dismisses Greene and Boebert as ‘carnival barkers’ Kinzinger says he suspects some lawmakers knew what was going to happen on Jan. 6 MORE (R-Colo.), for instance, have all expressed an avidness to serve on the committee.

But Pelosi has veto power over McCarthy’s picks, and sources say she’s expected, if need be, to keep the conservative fringe off of the panel in the name of promoting a “responsible” probe.

A second pool of potential GOP picks — less controversial than the first — features a group of Trump defenders with deeper experience in the rough sport of partisan combat.

Reps. Jim JordanJames (Jim) Daniel JordanHillicon Valley: Trump files lawsuit against Facebook, Twitter, and Google | New cyberattacks ramp up tensions with Russia | 36 states, DC sue Google alleging antitrust violations in app store Rep. Jordan releases Big Tech agenda Trump hits Biden, Democrats in post-presidential return to rally stage MORE (R-Ohio), Elise StefanikElise Marie StefanikBiden jabs at McConnell for highlighting bill he voted against Trump, GOP seize on NY election board problems Pelosi may include Republican on Jan. 6 select committee MORE (R-N.Y.) and Mike JohnsonJames (Mike) Michael JohnsonFew companies stick with pledge to shut off funding for GOP objectors GOP divided on anti-Biden midterm message ‘I want to cry’: House Republicans take emotional trip to the border MORE (R-La.) were all effective advocates for the former president during his first impeachment. Rep. Jim Banks (R-Ind.), head of the Republican Study Committee and a former Trump critic, has emerged as a prominent champion of the 45th president, joining him on recent trips to New Jersey and the southern border. And Rep. Rodney DavisRodney Lee DavisThe Hill’s 12:30 Report – Presented by Goldman Sachs – Trump Org CFO’s expected indictment The Hill’s Morning Report – Presented by Facebook – Senate path uncertain after House approves Jan. 6 panel Capitol Police Board signals resistance to reform MORE (Ill.), the senior Republican on the House Administration Committee, has already told news outlets that he’d accept a seat on the select committee.

Pelosi is sure to face some internal pressure to reject any of the 139 Republicans who had voted in January to reverse the presidential election results in Arizona, Pennsylvania or both. And all but Davis fit that category.

“I hope that Kevin will appoint responsible people to the committee,” Pelosi said cryptically before the July 4 recess, when asked about her criteria for membership.

McCarthy’s office declined to comment on the deliberations surrounding the select committee. But his long-term goals are no mystery: The minority leader is fighting to flip control of the House in next year’s elections, then rise to Speaker in the weeks following. And the clearest path to achieving both, he’s calculated, is to remain in the good graces of Trump, who retains enormous support among conservatives and is vowing to use his powers of influence to sway races in the midterms and beyond. GOP leadership races are likely not exempt.

McCarthy could opt to appoint no additional Republicans to the select committee, leaving empty the five remaining seats. But that would lend Democrats — with help from Rep. Liz CheneyElizabeth (Liz) Lynn CheneyInvestigating the Jan. 6 insurrection will resurrect democracy Sore losers: Trump and Netanyahu have a lot in common Over 535 charged six months after Jan. 6 riot: DOJ MORE (Wyo.), the Trump-bashing Republican who accepted a seat on the panel — the entire stage to attack the former president uncontested.

Pelosi faced a similar decision in 2014, when Republicans created a select committee to investigate the deadly 2012 attack on a U.S. Consulate in Benghazi, Libya. Despite some calls to boycott the panel, for fear of legitimizing it, she chose to participate, tapping the late Rep. Elijah CummingsElijah Eugene CummingsFive big questions about the Jan. 6 select committee Democrats plot next move after GOP sinks Jan. 6 probe Lawmakers press AbbVie CEO on increased US prices of two drugs MORE (D-Md.) to lead the defense of the committee’s target: former Secretary of State Hillary ClintonHillary Diane Rodham ClintonMade for Vegas: Trump’s rallies now a ‘nostalgia act’ Matt Damon: Research for Trump supporter role ‘eye-opening’ Sanders reaffirms support for Turner in Ohio amid Democratic rift MORE.

The vote to create the Jan. 6 committee underscores the similarly partisan nature of the current debate: Only two Republicans — Cheney and Rep. Adam KinzingerAdam Daniel KinzingerKinzinger: Afghanistan exit ‘a crushing defeat’ Sunday shows – Fauci in the spotlight Kinzinger urges Republican leaders to call out ‘garbage politicians’ who play on vaccine fears MORE (Ill.) — supported the bill. And even some of Trump’s harshest Republican critics say that’s a major problem, and one that will undermine the panel’s ultimate findings.

Rep. Jaime Herrera BeutlerJaime Lynn Herrera BeutlerBiden jabs at McConnell for highlighting bill he voted against Five big questions about the Jan. 6 select committee Cheney, Kinzinger are sole GOP votes for Jan. 6 select committee MORE (R-Wash.) — who voted to impeach Trump and supported the formation of the 9/11-style independent commission — says the select committee is inherently partisan, as Pelosi designed it, and therefore won’t be taken seriously by much of the public.

“If we move forward in a partisan manner, the truth about Jan. 6 will never be fully known — or respected,” she told The Hill just before the recess.

Herrera Beutler also objected to the composition of the select panel, arguing that it’s a mistake to place sitting House members — who serve two-year terms and face intense political pressures to win reelection — in charge of such a crucial investigation. Republicans “made a mistake” in forming the partisan Benghazi panel in 2014, she said, and Democrats should take a lesson from that partisan indiscretion.

“The amount of political pressure on this thing is insane … and everybody in D.C. right now seems to be afraid of their own political shadow,” she said. “So why would we put those people in charge of unearthing what will be probably sensitive, important, intense information about the truth?”

Rebecca Beitsch contributed.

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