James Wallner, resident senior fellow of governance at the R Street Institute, argued that discipline and retaliation should be tailored to the offense. Rather than leaning on its powers on members following rules that aid misconduct, he said Congress should change those rules.

Referring to the Jan. 6 Capitol riot, Wallner also issued a plea to civil society: “It is better to resolve our disagreements via debate, deliberation and compromise instead of through force, violence, and intimidation.”

Former House general counsel Stanley Brand closed out the testimonials by arguing against judicial intervention into the chamber’s disciplinary affairs.

“The proper place to determine the applicability of House rules governing member conduct is in the House,” he said.

The atmosphere shifted once questioning began. After a few subcommittee members asked about disciplinary context and procedure, Representative Jim Jordan, an Ohio Republican, used his time to discuss more newsworthy matters.

He asked Wallner if Democrats were weaponizing the disciplinary rules and then launched into a rant about how the Democrats were allegedly stripping the Republican minority of their legislative powers. He also asked if it is appropriate to “kick someone off their committee assignments” for statements they made prior to reaching office, in reference to Georgia GOP Congresswoman Marjorie Taylor Greene.

Featured Publications