On Monday, December 9, Liz Cheney, a former Congress member and ex-member of the January 6 Committee, asserted that she believes she should not face imprisonment despite allegations of destroying over 100 documents related to the committee’s investigations.
This controversy was ignited by a statement from President-elect Donald Trump on Sunday, December 8. He accused the committee members of destroying evidence, claiming that such evidence would have cleared him of any wrongdoing.
Representative Barry Loudermilk, who investigated the committee and uncovered the missing files, stated to Fox News in January 2022, “It is clear that the January 6 Committee took significant measures to prevent the American public from accessing certain documents generated during their investigation. It also seems that Bennie Thompson and Liz Cheney aimed to obstruct our Subcommittee by neglecting to preserve essential information and videos as mandated by House regulations.”
In an interview with NBC’s Kristen Welker, Trump criticized the January 6 Committee members, stating, “Cheney committed an inexcusable act, along with Thompson and the other members of this politically motivated committee. They deleted and destroyed all evidence.” He further remarked, “Biden could grant them a pardon if he chooses to, and perhaps he should.” He elaborated on the necessity of a pardon, saying, “Consider that the unselect committee conducted a year and a half of sworn testimony, and after gathering all the evidence, they deleted and destroyed nearly everything. There’s nothing remaining. This is unprecedented, and they deny doing so. In a civil case, such actions would lead to jail time.” When Welker followed up by asking if he believed Cheney should be imprisoned, he began to respond, “Anyone who voted in favor –” but was interrupted by Welker, who asked, “Will you instruct your FBI director and attorney general to take action against them?”As anticipated, Liz Cheney reacted strongly to Trump’s remarks and his accusations of misconduct. Without clarifying the whereabouts of the files, she asserted, “Donald Trump is aware that his assertions regarding the select committee are absurd and untrue, as has been thoroughly documented, including by Chairman Thompson.”
In her statements to the New York Times, she characterized the notion that current and former members of Congress could face repercussions for destroying evidence as an “assault on the rule of law.” She emphasized, “Trump’s implication that members of Congress who subsequently investigated his unlawful and unconstitutional actions should be imprisoned represents a continuation of his attack on the rule of law and the very foundations of our republic.”
Additionally, she stated that there is no “factual or constitutional” justification for penalizing those who have destroyed evidence, asserting, “There is no conceivable factual or constitutional basis for what Donald Trump is proposing — a Justice Department inquiry into the activities of a congressional committee — and any attorney who attempts to pursue such a path would soon find themselves engaging in conduct subject to sanctions.”
Watch Trump’s comments on the January 6 Committee here: