McCarthy Considers Release of Jan. 6 Security Footage

U.S. Speaker of the House Kevin McCarthy (R-Calif.) delivers remarks after being elected as speaker in the House Chamber at the U.S. Capitol Building on Jan. 7, 2023. (Win McNamee/Getty Images)

Speaker of the House Kevin McCarthy (R-Calif.) indicated during a Jan. 12 press conference that he wants to release all of the security footage from the U.S. Capitol from Jan. 6, 2021.

During the last Congress, many crucial questions about the Capitol breach were left unanswered and unaddressed by the Democrat-led Jan. 6 committee. Republican lawmakers, who have long expressed a keen interest in conducting their own investigations into the Jan. 6, 2021, Capitol breach, intend to move forward now that the GOP holds congressional subpoena power by virtue of their House majority.

Hours of surveillance footage recorded at the Capitol that day haven’t been released to the public, raising questions among skeptics of the official narrative.

During his first press conference as speaker, McCarthy was asked about revealing all the tapes recorded that day to the public, an initiative that was pushed by many Republicans during the 117th Congress.

In the last Congress, about two dozen Republicans sent a letter to then-Speaker of the House Nancy Pelosi (D-Calif.) to seek the release of these tapes. The request was ignored.

McCarthy was asked if he would acquiesce to the release of the tapes now that he’s the House speaker. While his response indicated openness to revealing the tapes, he demurred from a full commitment.

“I think the American public should actually see all that happened instead of a report that’s written for a political basis,” he said, referencing the recently released Jan. 6 panel report (pdf).

Pressed on the point, McCarthy refrained from making a clear commitment.

“We’re looking through that. I want to be very thoughtful about it. But, yes, I’m engaged to do that,” he said.

Rep. Matt Gaetz (R-Fla.)—a leading critic of McCarthy during the negotiations during the speakership election—applauded McCarthy’s statement.

“Thank you to the 20 patriots who helped EARN this commitment from the Speaker,” Gaetz said, referencing the 20 Republicans who had asked Pelosi to release the tapes during the last Congress. “Thank you @SpeakerMcCarthy for affirming this commitment you made.”

“Keeping promises is how trust is built. I’m growing more optimistic by the day!”

If McCarthy did seek to release the tapes, he might get pushback from the U.S. Capitol Police (USCP), which has claimed jurisdiction over the tapes.

The USCP has said that it classifies the tapes as “designated security information” and claims control over their release or withholding from the public. While members of Congress, and particularly members of the now-disbanded Jan. 6 panel, have had access to the tapes, the public hasn’t.

In court, the USCP sought to have the tapes protected under a “highly sensitive” classification. However, over the objections of the USCP, the courts only designated the tapes as “sensitive.”

“The USCP continues to consider any interior footage of the U.S. Capitol to be highly sensitive information, and that access to it should be strictly limited,” Assistant Chief of the Capitol Police Sean Gallagher wrote in a July 2022 affidavit (pdf).

The Department of Justice (DOJ), which, under Attorney General Merrick Garland, conducted one of the largest manhunts in department history to round up Jan. 6 defendants, has also condemned efforts to release the tapes. The DOJ has said that the tapes could reveal sensitive personal information and reveal law enforcement assets.

It isn’t clear if McCarthy would be able to order the release of the tapes without a court battle.