Capitol riots: Could members of Congress be investigated?

Conservative attorney George Conway joins a special live recording of Yahoo News’ “Skullduggery” podcast along with journalists Carol Leonnig and Bob Woodward. During the discussion, Conway shares his thoughts on whether the 11 members of Congress alleged to have been involved with efforts to unlawfully obstruct the certification of the 2020 Electoral College vote should be subject to criminal investigation. “I think they should be part of a broader investigation into everything that happened at the White House,” says Conway. “All these people should be hauled before a grand jury.”

Video transcript

DANIEL KLAIDMAN: We don't know all the details. But what do you do and what does the justice department do about 11 members of congress who are potentially part of this conspiracy? I don't know that the select committee is going to actually subpoena them, because that is fraught, to subpoena their own colleagues. Let me put this to you, George. Do you think they'll be or should be criminally investigated, these members of congress?

GEORGE CONWAY: Yes. I think they should be part of a broader investigation into everything that happened at the White House. And I think everybody who had communications with Mark Meadows. Trump. Maybe-- Meadows is probably a target. Would probably be a target. Maybe not him. But all these people should be hauled before a grand jury.

Because it's absolutely correct that these statutes-- that one that Bob mentioned, 371, conspiracy to defraud the United States, and a similar statute-- somewhat similar in effect statute, 1215(c), which talks about obstruction of official proceedings of which a congressional proceeding is one. And I would think the counting of electoral votes would be the ultimate official proceeding. You cannot-- in the case of 371, you cannot use fraudulent or deceptive means to interfere with a lawful function of government.

MICHAEL ISIKOFF: If this is a conspiracy case, as Carol suggested, can you indict Donald Trump and not indict his co-conspirators, 11 members of Congress, Rudy Giuliani, John Eastman, and God knows who else?

GEORGE CONWAY: Really, you've got to indict a bunch of people.

MICHAEL ISIKOFF: A lot of people.

GEORGE CONWAY: A lot of people. And some of them, though, you need to flip and use them as witnesses.

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