The Republican candidate for governor in Pennsylvania, Doug Mastriano, sued the select House committee investigating the Jan. 6 Capitol riot to avoid appearing before the panel for a deposition.
In the complaint filed Thursday afternoon, Mastriano’s attorney Timothy Parlatore, argued that the committee’s rules and composition mean it cannot compel witnesses to sit for depositions.
“This committee lacks a Ranking Minority member, or any members designated but the minority party,” the complaint reads. “The lack of minority party representation does impact the substantive rights of the witness and, therefore, must be examined differently than prior litigation.”
Courts have already ruled that the panel can subpoena witnesses, but Parlatore argued that, “no court has ever examined the issue of whether this particular Committee is able to comply with the Deposition Regulations which explicitly require certain actions to be taken by the Ranking Minority Member.”
The nine member committee includes two Republicans appointed by House Speaker Nancy Pelosi because Minority Leader Kevin McCarthy pulled all five of his nominees after Pelosi rejected two for being potential witnesses.
Mastriano is asking the judge to declare that the Jan. 6 committee cannot compel him to sit for a deposition and for the panel to pay his legal fees.
The committee subpoenaed Mastriano in February for testimony and documents about his involvement in a plot to introduce alternate slate of electors after Trump lost the 2020 election. He turned over documents to the committee but refused to be deposed on video without his lawyer making his own recording of the interview. The committee refused to allow it, according to Politico.
Parlatore argued that the committee’s actions demonstrate their “intent to retain sole dominion over the information elicited during any interview, and more importantly, how any of Plaintiff’s statements are disseminated to the American people, notably during election season.”
In the filing, he expressed concerns that video of Mastriano’s testimony could be edited and be used to “improperly influence the midterm elections.”
Mastriano appeared for a virtual meeting with the committee on August 9th but left within 15 minutes without answering a single question after Parlatore took issue with several procedural matters related to the deposition.
