The Republican nominee for governor of Pennsylvania is suing the Jan. 6 select committee as President Joe Biden travels to Philadelphia to give a prime-time address on the fight for democracy at Independence Hall.
"In the suit, Mastriano argues that the committee's rules and composition mean it cannot compel witnesses to sit for depositions. Mastriano is asking for declaratory relief — a request for the judge to declare the committee cannot compel him to sit for a deposition — as well as for the panel to pay his attorney's fees," Politico reported.
The defendants are the select committee, each of the nine members, and House Speaker Nancy Pelosi.
As a state senator, Mastriano was one of the leaders the effort to overturn the 2020 presidential election in Pennsylvania, but has not yet testified.
"Based on publicly available information and information produced to the Select Committee, we believe that you have documents and information that are relevant to the Select Committee's investigation," the select committee wrote. "For example, we understand that you have knowledge of and participated in a plan to arrange for an alternate slate of electors to be presented to the President of the Senate on January 6, 2021 and we understand that you spoke with former President Trump about your post-election activities."
The select committee added, "Based on your public statements, we understand that you were present during the attack on the U.S. Capitol on January 6, 2021, and that you witnessed 'agitators…getting in the face of the police' and 'agitators…start pushing the police up the [Capitol] steps.' We would like to better understand these statements and expenditures, events that you witnessed or in which you participated, and communications we believe you may have had with national, state, and local officials about the outcome of the November 2020 election."
Politico noted, "A host of other litigants have gone to court to challenge the committee's lawfulness, and none have emerged victorious. In the complaint, Mastriano's lawyer says the narrow, specific issue they are raising — whether or not the committee must have a ranking member from the opposing party in order to conduct depositions — has not yet been litigated."
