Congressman’s Lawsuit Targets Capitol Police Over Alleged Jan 6 Retaliation

Rep. Troy Nehls (R-TX) has filed a lawsuit against the federal government, arguing he was targeted by the U.S. Capitol Police after criticizing its failures during the January 6, 2021 protest.

“Congressman Nehls, a Republican, was one of five congressmen selected by then Republican leader Kevin McCarthy to serve on a House Committee investigating the events of January 6th,” the lawsuit says. “He was a vocal critic of the Capitol Police and its leadership’s failures in relation to the events that occurred on January 6th. In particular, he strongly criticized a Capitol Police officer’s shooting of Ashli Babbitt, referring to it as legally indefensible and calling for a grand jury investigation of the officer.”

Nehls alleges the Capitol Police entered his office and took photos of confidential materials related to pending legislation.

“Under the First Amendment, the Congressman had the right to speak out and criticize the government,” the filing states. “The actions of the Capitol Police on the 20th of November were in retaliation to the Congressman’s speech and vocal criticism and violated his rights under the First Amendment.”

The lawsuit further argues that Capitol Police had “never taken a photograph of a congressman’s notes inside the congressman’s office before this time, and it was completely unheard of. Further, the Capitol Police treated the matter as criminal in nature, impairing the Congressman’s reputation.” Nehls believes the action is a “form of retaliation” for his criticism of the Capitol Police.

“This goes much deeper than an unethical entry into my office by Capitol police,” the congressman said of the lawsuit. “This is a violation of Members’ right to speech and debate, as well as a 4th amendment violation. Could you imagine leaving your front door open and police officers enter your private home, take pictures of the inside, and then open an investigation based on those pictures?”

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