The Department of Justice refused to prosecute former Chief of Staff MarkMeadows and former deputy chief of staff Dan Scavino.

The congressman told CBS News that the two men are not immune from prosecution.

The Justice Department is prosecuting two witnesses, but these two witnesses are not. There is no guarantee of immunity. The idea that witnesses could simply fail to show up is relevant to what happened on January 6.

The statute requires the Justice Department to give the cases to the grand jury, but they don't. We hope to get more insight from the Justice Department, but it's a grave disappointment and could impede our work if other witnesses refuse to show up.

The DOJ decided not to hold the two men in contempt of Congress because they did not comply with subpoenas. The DOJ indicted two former Trump advisers.

According to Schiff, there is no executive privilege that would prevent the two from testifying.

There are many things witnesses can testify about with no even a plausible claim of executive privilege, so that shouldn't be the reason. Both of them were involved in campaigns. Both of them have documents that they can give.

"None of this is protected by privilege and the idea that you can just 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,