- The DOJ declined to hold former Trump aides Mark Meadows and Dan Scavino in contempt of Congress.
- Meadows and Scavino refused to cooperate with a subpoena from the House January 6 committee.
- Rep. Adam Schiff said the DOJ's decision could set a dangerous precedent.
Democratic Rep. Adam Schiff said it was "deeply troubling" that the Department of Justice refused to prosecute former President Donald Trump's former Chief of Staff Mark Meadows, and former Deputy Chief of Staff Dan Scavino.
Schiff told CBS News' "Face the Nation" Sunday that Meadows and Scavino are not immune from prosecution.
"And it is very puzzling why these two witnesses would be treated differently than the two that the Justice Department is prosecuting. There is no absolute immunity. These witnesses have very relevant testimony to offer in terms of what went into the violence of January 6, the propagation of the big lie, and the idea that witnesses could simply fail to show up," Schiff told host Margaret Brennan.
He added: "And when the statute requires the Justice Department to present those cases to the grand jury, they don't, is deeply troubling. We hope to get more insight from the Justice Department, but it's a – I think, a grave disappointment, and could impede our work if other witnesses think they can, likewise, refuse to show up with impunity."
On Friday, the DOJ declined to hold Meadows and Scavino in contempt of Congress for failing to cooperate with subpoenas from the House committee investigating the January 6 riot. The DOJ did indict former Trump advisor Peter Navarro and former White House chief strategist Steve Bannon.
Schiff said there is no executive privilege that would prevent Meadows and Scavino from testifying, adding that they have critical information on what happened leading up to the insurrection.
"That shouldn't be the explanation here because of course there are great many things these witnesses can testify with no even plausible claim of executive privilege. They were both involved in campaign matters. They both have documents that they could offer," Schiff said.
"None of this is protected by privilege and the idea that you can simply refuse to show up rather than show up and say as to this question, I'm going to exert a privilege, that just invites others to be in contempt of Congress or be in contempt of judges around the country, in other courtrooms, and I think it's a very dangerous precedent to set."