An air of mystery hovers over a grand jury subpoena announced in the House of Representatives on Monday, which is reportedly for an investigation into a House Democrat.
Reading Clerk Susan Cole conveyed a brief message from House Sergeant at Arms William McFarland, who is the chief law enforcement and protocol officer of the chamber, to Speaker Mike Johnson (R-LA).
“This is to notify you formally pursuant to Rule 8 of the rules of the House of Representatives that the Office of the Sergeant at Arms for the House of Representatives has been served with a grand jury subpoena for documents issued by the U.S. Department of Justice,” Cole relayed.
“After consulting with the Office of General Counsel, I have determined that compliance with the subpoena is consistent with the rights and privileges of the House,” she added before reading that the communication was signed by McFarland.
“This is to notify you formally pursuant to rule 8 of the rules of the House of Representatives that the office of the sergeant at arms for the House of Representatives has been served with a grand jury subpoena for documents issued by the U.S. Department of Justice” pic.twitter.com/Qct7SsGuRi
— Acyn (@Acyn) January 29, 2024
The reason for the subpoena and what records are being sought by the Department of Justice were not given in the message, but Punchbowl News reported the subpoena is part of an inquiry into a House Democrat “for allegedly misusing government money meant for personal security.”
🚨BREAKING NEWS — @TheJusticeDept is investigating a House Democrat for allegedly misusing government money meant for personal security.
This was the subpoena read out on the House floor today.
MUCH MORE in @PunchbowlNews PM
(Punchbowl News text alert out to subscribers…
— Jake Sherman (@JakeSherman) January 29, 2024
The identity of the lawmaker under scrutiny was not immediately clear. Others provided some context to the House clerk’s announcement.
“When the Speaker is notified of a subpoena, the name of the court is always included (example on the left),” said journalist Jamie Dupree in a post to X with screenshots. “This one just says ‘a grand jury subpoena for documents issued by the U.S. Department of Justice.’ Who at DOJ is running a grand jury right now?”
When the Speaker is notified of a subpoena, the name of the court is always included (example on the left).
This one just says 'a grand jury subpoena for documents issued by the U.S. Department of Justice.'
Who at DOJ is running a grand jury right now? https://t.co/KI06mIkctC pic.twitter.com/Qjmu4z1Tll
— Jamie Dupree (@jamiedupree) January 29, 2024
He also noted that members of Congress, committees, staffers, and offices can be served with subpoenas during investigations.
The House reading clerk read a similar message last November from former House Speaker Nancy Pelosi (D-CA) sharing that she had been served with “third-party subpoenas from the prosecution and the defendant to produce documents in a criminal case” in the U.S. District Court for the Northern District of California.
BREAKING: The U.S. House Clerk just said that Nancy Pelosi was served a subpoena to produce documents in third-party criminal case in California pic.twitter.com/08CrXDleem
— Greg Price (@greg_price11) November 1, 2023
“After consultation with the Office of General Counsel, I have determined that compliance with the subpoenas is consistent with the privileges and rights of the House,” the communication added. “To the extent it requires production of nonprivileged information, the responses to the subpoenas will be identical.”
Though a specific case was not given at the time, the announcement came as David DePape, the man charged in the 2022 San Francisco home invasion attack on Pelosi’s husband Paul, faced a trial in federal court. A grand jury later convicted him on assault and attempted kidnapping charges. With sentencing scheduled for April, DePape faces the prospect of decades in prison. He also has a state trial coming up.