House passes bill to create Jan. 6 Capitol riot commission

The House just voted to approve legislation to create an independent and bipartisan commission to investigate the Jan. 6 attack on the Capitol.

The final vote was 252-175, with 35 Republicans joining Democrats in supporting the legislation.

The top Democrat and Republican on the House Homeland Security Committee struck a deal last week to create the commission, breaking a months-long logjam between House leaders about how to structure the independent panel.

House Homeland Security Chair Bennie Thompson of Mississippi and the panel's ranking Republican, Rep. John Katko of New York, announced on Friday they had reached an agreement for the panel that would be modeled after the 9/11 Commission.

Here are key things to know about the commission:

The deal represented a significant bipartisan breakthrough on a proposal that had been stalled for months since House Speaker Nancy Pelosi first proposed a commission to investigate the insurrection at the Capitol in the days after the deadly attack.

What comes next: Supporters of the plan will need at least 10 Republicans in the Senate to join all 50 Democrats in the chamber in order to overcome a 60-vote filibuster and pass the bill. Senate Minority Leader Mitch McConnell, like House Republican Leader Kevin McCarthy, said he is opposed to the commission. McConnell wouldn't tell reporters Wednesday if he'd actively whip his fellow Republicans against it.

Pelosi strongly suggested today that she would approve a select committee in the House to investigate what led to the Jan. 6 insurrection if a vote to form the commission fails in the Senate.

Read more about the commission here.

GOP leaders are huddled in the back of the chamber watching the number of defections closely, including Minority Leader Kevin McCarthy.

Right now, the House is voting on legislation to establish an independent commission that would investigate the violent insurrection on Jan. 6 at the US Capitol.

According to a source familiar with House GOP leadership, McCarthy made calls to anyone he heard was going to vote for the commission in the lead up to the vote.

If the measure passes the House, supporters of the plan will need at least 10 Republicans in the Senate to join all 50 Democrats in the chamber in order to overcome a 60-vote filibuster and pass the bill. Senate Minority Leader Mitch McConnell, like McCarthy, said he is opposed to the commission.

Prominent Republicans have come out against legislation that would establish an independent commission to investigate the Jan. 6 insurrection at the US Capitol.

In criticizing the legislation, Sen. John Cornyn of Texas suggested the investigation would likely push well into 2022, an election year, which would score political points for the Democrats.

Asked by CNN's Manu Raju if he was concerned that the investigation could drag out into the midterm election year, Cornyn said that he was.

“Well, part of the concern is that's the plan,” Cornyn answered. “That’s Pelosi’s plan.”

Asked again if he was concerned about the commission dragging out until the middle of next year, Cornyn said, “(t)hat would be the Democrats’ dream.” Cornyn also expressed concern the investigation would be delayed as similar investigations are being conducted by the Justice Department.

Facts First: While we can’t predict what Democrats may do in the future, the current bill requires the commission to finish its investigation by the end of 2021. The House bill would require the commission to be completely terminated by the end of February 2022 at the latest.

According to the bill, a final report from the commission to the President and Congress would be required “not later than December 31, 2021” and the commission would be terminated “upon the expiration of the 60-day period which begins on the date on which the Commission submits the final report.”

Asked about those time limits, Cornyn said he doesn’t think they’re practical, saying, “That may be aspirational, but as a practical matter, I don’t think it could wrap up this year.”

The 60-day period gives time for the commission to wrap up administrative tasks like distributing the report and providing testimonies to congressional committees.

Cornyn told CNN that he has not yet decided how he would vote on the legislation.

The House is voting right now on legislation to establish an independent commission that would investigate the violent insurrection on Jan. 6 at the US Capitol.

House Minority Leader Kevin McCarthy came out in strong opposition to the bipartisan deal, but GOP sources familiar with the matter said that as many as 40 House Republicans could back the plan — in part because of the 29 GOP members of the bipartisan Problem Solvers Caucus, a group that endorsed the plan Tuesday.

Wednesday's vote, which comes as some Republicans have tried to downplay the violence that occurred on Jan. 6 and align themselves with former President Trump's version of reality is still likely to be opposed by most rank-and-file Republicans, after House GOP leaders mobilized against the agreement that had been struck by fellow Republican Rep. John Katko of New York.

What to expect: The bill is expected to pass through the Democratically controlled House. But the margins are an important indicator because just how many House Republicans are willing to buck their party leadership may offer an early signal for how many GOP senators could back the bill. Supporters of the plan will need at least 10 Republicans in the Senate to join all 50 Democrats in the chamber in order to overcome a 60-vote filibuster and pass the bill.

Senate Minority Leader Mitch McConnell said Wednesday he is opposed to the bill but wouldn't tell reporters if he'd actively whip his fellow Republicans against it. Moderate GOP Sen. Sen. Susan Collins of Maine said Wednesday changes would have to be made to the bill before she could support it.

House Speaker Nancy Pelosi outlined on the floor just now why she is pushing for Congress to create an independent, bipartisan commission to investigate what happened on Jan. 6 instead of a select committee even though Democrats have the ability to go it alone right now.

“I don’t want to do that,” Pelosi said of the prospect of a select committee, even though with this bill likely to face an uphill battle in the Senate, it seems like an increasingly likely possibility.

The outside commission is different from a select committee because it would be comprised of people outside of Congress, with both parties making joint decisions on subpoenas. And there would be 10 commissioners equally divided between the two parties.

Anonymous members of the US Capitol Police have sent a strongly-worded letter to members of Congress expressing their “profound disappointment with the recent comments from both chambers’ minority leaders expressing no need for a January 6th Commission.”

The letter is not an official statement from the Capitol Police. A USCP spokesperson said the agency does not know where the letter came from.

The USCP said in an official statement that, “The U.S. Capitol Police does NOT take positions on legislation.”

CNN spoke to the officer who wrote the letter who says it represents the views of 40-50 officers.

“It needed to be out there. It needed to be done,” the officer who wrote it told CNN's Jamie Gangel.

CNN could not independently verify other officers supported the letter. 

The letter was circulated by the Rep. Jamie Raskin’s chief of staff to other chiefs of staff on the Hill with a note saying:

The letter from the officers goes on to say that “it is inconceivable that some of the Members we protect, would downplay the events of January 6th.”

House Minority Leader Kevin McCarthy was asked today if he is worried about being subpoenaed if a Jan. 6 commission was created. Here's what he told reporters:

House Speaker Nancy Pelosi strongly suggested that she would approve a select committee in the House to investigate what led to the Jan. 6 insurrection, if a vote to form the commission fails in the Senate.

When asked if she was ready to take this other path, she insisted, “I don’t want to,” before adding that, “we will find the truth.”  

“It’s not a question of doing this – something in addition to this,” meaning the Commission. “It’s a question of, if they don’t want to do this, we will.”

Asked if Republicans were afraid of the commission, due to the possibility that it could subpoena House Republican Leader Kevin McCarthy or former President Trump.

“It sounds like they are afraid of the truth and that’s most unfortunate,” she said, “but hopefully they’ll get used to the idea that the American people want us to find the truth, and that is what we intend to do."

Some more background: The legislation to create the commission is expected to pass through the Democratically controlled House today, but the margins are an important indicator because just how many House Republicans are willing to buck their party leadership may offer an early signal for how many GOP senators could back the bill.

Supporters of the plan will need at least 10 Republicans in the Senate to join all 50 Democrats in the chamber in order to overcome a 60-vote filibuster and pass the bill. Senate Minority Leader Mitch McConnell, like McCarthy, said he is opposed to the commission.

House Majority Leader Steny Hoyer told CNN “of course” when asked if he would pursue a select committee to investigate what happened on Jan. 6 if the bill to create an independent commission fails in the Senate.

The House is slated to vote on the bill today, but it could face an uphill battle in the Senate as it needs at least 10 Republicans in the chamber to join all 50 Democrats to overcome a 60-vote filibuster and pass the bill.

Senate Minority Leader Mitch McConnell, like House Republican Leader Kevin McCarthy, said he is opposed to the commission.

House Majority Whip Jim Clyburn was less forceful in what the path forward would look like if the commission bill fails telling CNN, “I don’t like to go too far. I don’t want to anticipate failure.”

Clyburn did not rule out the prospect however telling CNN, “well, we are prepared to sit down and consider what we ought to do because something has to be done.”