In fact, members of the former 9/11 Commission – several of whom consulted Pelosi – cited that even the party division was the reason for his success in advising Pelosi on this year’s insurrection commission. His willingness to take bipartisan control of the direction of the investigation, to no advantage to either party, helped ensure the commission’s credibility in the public eye, they said. For a review of the January 6 riot to be reliable, the ex-commissioners said, it must be seen as independent and impartial, rather than a tool of either party.
“There is really strong support in the country for us to search for the truth, find the truth, but we also understand how we have to protect the American people from what may be out there in terms of domestic terrorism and the rest,” Pelosi told reporters at the end from last week.
Pelosi said the investigative panel would closely mirror the 9/11 Commission, but it is clear from the Democrats’ initial offer that they would have preferred an entirely different balance of power.
A senior Democratic aide warned that the two parties are still exchanging offers and nothing is final. In the Democratic discussion project, each of the so-called “Big Four” congressional leaders could nominate two members to the committee. President Joe Biden would choose three additional members, including the president, who would have subpoena power.
According to Pelosi’s proposal, the commission would have to issue a report by the end of this year with the panel set to dissolve 60 days after the report is completed.
The 9/11 Commission was a 10-member body that included five Democrats and five Republicans. The president, former New Jersey governor Thomas Kean, was appointed by then President George W. Bush. The vice president, former congressman Lee Hamilton, was appointed by Democratic Congressional leaders. Both told POLITICO last week that they considered their mandate to be extirpating any extreme partisanship within the ranks of the commission, particularly the team that finally carried out the investigation.
They, like other former members of the 9/11 commission, said that the subpoena was an essential club that they used only once – but that it proved effective in leveraging the testimony of other reluctant witnesses. Former 9/11 commissioners also said the commission should not face artificial deadlines.
“It must first be created in a way that can succeed and not be built to fail,” said Tim Roemer, one of the Democrats nominated on the 9/11 panel, who also spoke with Pelosi and other House Democrats.
One challenge that a January 6 commission would face is the conflict with ongoing criminal investigations stemming from the riot. Prosecutors accused more than 200 participants in the January 6 assault, and their cases are in the early stages, which can make it difficult to access key witnesses, especially if the commission is due to deliver a report later in the year.
Biden’s attorney general nominee, Merrick Garland, indicated on Monday that he plans to make the investigation of the Capitol insurrection a priority in his initial term, a sign that the investigation is likely to intensify in the coming weeks.