Marco Rubio says January 6 rioters should be 'prosecuted' but the committee is a 'partisan scam' trying to 'harass' Republicans

• Sen. Marco Rubio said the January 6th Committee is a "partisan scam" that is targeting Republicans.
• In an interview with CBS News on Sunday, Rubio said the vice president cannot overturn an election.

Florida Sen. Marco Rubio on Sunday lambasted the January 6th committee as a "partisan scam" that is targeting Republicans.

Rubio conceded that the vice president cannot overturn an election but still had scathing remarks for the committee investigating the attack on the Capitol. It comes days after former Vice President Mike Pence said he did not have the authority to overturn the election, despite claims he could by former President Donald Trump.

"I looked at it, had analyzed it, and came to the same conclusion that vice presidents can't simply decide not to certify an election," Rubio said on Sunday on CBS News' "Face the Nation." "I just don't think a vice president has that power."

Rubio added that those who broke the law on January 6 should be prosecuted, but he also blasted the January 6 committee's investigation into the riot. To date, 768 people have been charged in the Capitol insurrection, and 178 rioters have pleaded guilty. Also, a number of former White House aides have cooperated with the panel, including top advisors to former VP Mike Pence.

"If you entered the Capitol and you committed acts of violence and you were there to hurt people, you should be prosecuted," Rubio said. "But the January 6th commission is not the place to do this. That's what prosecutors are supposed to do. This commission is a partisan scam."

The select committee is trying to "embarrass and smear and harass as many Republicans as they can get their hands on," the Florida Republican added.

Earlier this week, the Republican National Committee chairwoman said the January 6 committee was persecuting "ordinary citizens who engaged in legitimate political discourse."