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Pennsylvania GOP nominee Doug Mastriano to be deposed

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Republican gubernatorial candidate Doug Mastriano gives a victory speech at his election-night party at The Orchards on May 17, 2022 in Chambersburg, Pennsylvania.

Michael M. Santiago | Getty Images

Doug Mastriano, the Republican nominee for governor in Pennsylvania, plans to seem Tuesday for a deposition by the select House committee investigating the Jan. 6 Capitol riot — but doesn’t expect to speak for long, his lawyer told CNBC.

Timothy Parlatore, who’s representing Mastriano, said the politician anticipates leaving “in lower than 10 minutes” as a result of an unresolved issue over the terms of his deposition.

Mastriano shouldn’t be willing to testify unless the panel agrees to not edit video clips of his appearance and release a potentially misleading video afterward, Parlatore said.

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Mastriano’s concern is that such a video could affect his possibilities in Pennsylvania’s upcoming gubernatorial election, where he faces state Attorney General Josh Shapiro, the Democratic nominee, the lawyer said.

“He’s got nothing to cover,” Parlatore said of his client.

A spokesman for the committee declined CNBC’s request for comment.

The panel desires to query Mastriano about his efforts to assist former President Donald Trump reverse the Republican’s loss within the 2020 campaign to President Joe Biden.

In a letter in February to Mastriano, the committee’s chairman, Rep. Bennie Thompson, D-Miss., wrote, “We understand that you’ve got knowledge of and took part in a plan to rearrange for an alternate slate of electors to be presented to the President of the Senate on January 6, 2021, and we understand that you simply spoke with former President Trump about your post-election activities.”

Parlatore said that his issues with the deposition are “individualized” to Mastriano due to his status as a politician in a pending election.

Parlatore believes that neither Mastriano nor another witness might be compelled to testify in a non-public session over a technicality. He said the committee lacks a rating member appointed by the Republican minority within the House.

And while Mastriano is willing to testify behind closed doors, he is not going to accomplish that unless his conditions are met, Parlatore said. The lawyer said if Mastriano was issued a subpoena to testify at a public hearing, he could be unable to force the panel to comply with conditions before appearing.

House GOP Leader Kevin McCarthy pulled all of his picks from the committee after House Speaker Nancy Pelosi, D-Calif., rejected two of them. Rep. Liz Cheney, R-Wyo., the committee’s top-ranking Republican member, serves as its vice chair, not the rating member.

Parlatore said that if his expectations for the deposition come to pass on Tuesday, “we’ll be out shortly after which I’m going to start out drafting a lawsuit.”

Multiple federal judges have reportedly determined that Cheney is effectively the select committee’s rating member, despite being appointed to the rank of vice chair by the Democrat-led panel.

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