Republican Pennsylvania gubernatorial candidate Doug Mastriano is suing the Property special committee investigating the Jan. 6, 2021 assault on the U.S. Capitol. 

Mastriano, a point out senator, submitted a criticism in federal court docket Thursday tough the legality of the panel's means to compel witnesses to sit for depositions. 

"Central to this concern is the point that this committee lacks a rating minority Member, or any members designated by the minority party," the accommodate reads. "Even though courts have previously held that, regardless of this defect, the committee has the power to challenge subpoenas, no court docket has ever examined the issue of regardless of whether this unique committee is equipped to comply with the deposition polices which explicitly require sure actions to be taken by the position minority member." 

Mastriano's attorneys assert that they are not questioning the legality of the committee or its ability to problem subpoenas. Alternatively they say that without having a position Republican member, the committee are not able to guarantee witnesses currently being deposed a fair listening to.

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State Sen. Doug Mastriano, R-Franklin, a Republican prospect for Governor of Pennsylvania, speaks at a main night time election accumulating in Chambersburg, Pa., Tuesday, May well 17, 2022. (WHD Photograph/Carolyn Kaster) (WHD)

"Thanks to the secretive character of deposition proceedings, the restrictions rely on the two-get together method to develop an adversarial continuing to safeguard the substantive rights of witnesses in the absence of a decide or general public scrutiny," the suit reads. 

The match names the committee, its nine members, and Democratic Dwelling Speaker Nancy Pelosi of California as defendants. Mastriano is asking that a court docket declare the Jan. 6 committee can't compel him to sit for a deposition. 

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His lawyers are also requesting the committee pay back his legal service fees for the fit.

WASHINGTON, DC - JUNE 09: The Residence Select Committee to Investigate the January 6th listening to in the Cannon Property Place of work Making on Thursday, June 9, 2022 in Washington, DC.  (Kent Nishimura / Los Angeles Times through Getty Visuals)

Earlier this year, Mastriano was subpoenaed by the committee for files and testimony relating to his attempts to have the 2020 election success in Pennsylvania decertified. The Republican nominee provided files and offered to choose section in a voluntary interview, but the committee insisted on a videotaped deposition. 

"All over the program of this investigation, Doug Mastriano has usually been completely open up, cooperative, and clear with legislation enforcement, including the FBI," stated Mastriano lawyer Timothy C. Parlatore in a assertion. "Regrettably, the Committee has selected to violate the policies of the House of Reps by demanding a compelled deposition – a move that we have to obstacle in court docket."

Mastriano's lawyers say that because he is the GOP nominee for governor his testimony could be deceptively edited for marketing campaign applications. 

House Speaker Nancy Pelosi speaks at a push convention. (Getty Illustrations or photos)

The Dwelling find committee investigating the January 6 incident has nine customers, seven Democrats and two Republicans. 

Household Minority Leader Kevin McCarthy, R-Calif., tried to appoint a number of other lawmakers to the panel final calendar year, but his options ended up rejected by Pelosi. In response, McCarthy refused to 

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"Speaker Pelosi has taken the unprecedented phase of denying the minority party's picks for the select committee on Jan. 6," McCarthy mentioned at a push convention last 12 months when asserting Republicans would boycott serving on the committee. "This signifies something that has not took place in the Home before for a decide on committee, by the historian."