JANUARY 6 COMMITTEE APPROVES 4 CRIMINAL REFERRALS AGAINST DONALD TRUMP, URGES DOJ TO PROSECUTE
Washington – The House Select Committee investigating the Jan. 6 attack on the United States Capitol has recommended that the Justice Department file at least four criminal charges against former President Donald Trump related to his alleged efforts to thwart the transfer of presidential power, in a historic but largely symbolic move step. it is the first time a former president has been the subject of a criminal indictment by Congress.
During their final public meeting Monday, the panel’s seven Democrats and two Republicans voted unanimously to accept his final report, urging the Justice Department to indict Trump on charges of obstruction of justice, conspiracy to defraud the United States, conspiracy to make a false statement and incitement, sedition or rebellion. Trump’s actions could also constitute violations of two other conspiracy laws, depending on potential evidence developed by the Justice Department, the panel said in a summary of the report.
“We propose to the committee to make a referral where it compels us to speak to the seriousness of the particular crime, the seriousness of its actual harm, and the centrality of the perpetrator to the overall design of the illegal plan to overthrow the election,” said Rep. Jamie Raskin said at Monday’s meeting. “We don’t have a justice system where the pawns go to jail and the masterminds and ringleaders get a free pass.”
The panel’s nine members also voted to issue recommendations to several Trump allies, including John Eastman, a conservative lawyer and the architect of the legal strategy for then-Vice President Mike Pence to unilaterally throw out state caucus votes on Jan. 6, and Jeffrey Clark, a Justice Department official who drafted a letter urging civil servants to appoint new electoral candidates.
“Even if it were true that President Trump genuinely believed the election was stolen, that is no defense,” the committee wrote in its executive summary. “No president can ignore the courts and purposefully break the law, no matter what supposed ‘justification’ he presents.”
The committee’s recommendation that the Justice Department pursue criminal charges against Trump is not binding, and federal prosecutors will ultimately decide whether to pursue such action. Attorney General Merrick Garland appointed special counsel Jack Smith to investigate alleged efforts to interfere with the transition of power after the 2020 election. The Justice Department declined to comment.
Trump, who has launched a presidential bid in 2024, has maintained that he did nothing wrong on Jan. 6 and has repeatedly called the committee’s investigation a “witch hunt.” The Trump campaign did not immediately respond to a request for comment.
Here are four areas where the committee says Trump could face criminal prosecution:
Obstructing official proceedings
For its recommendation to prosecute Trump for obstruction of official proceedings, the committee argued that he was “directly and personally involved” in trying to delay the counting of Electoral College votes during a joint session of Congress on January 6, and acted “directly and personally” with a “corrupt” purpose. Members cited not only Trump’s attempt to pressure Pence to prevent the certification of state electoral votes, but also a plan to submit fake voter rolls to Congress.
“Through action and inaction, President Trump obstructed, delayed and obstructed the vote count,” the committee wrote of the joint session, which was temporarily halted after a crowd of the former president’s supporters stormed the Capitol building.
The committee also said it believed there was “sufficient evidence” to criminally refer Eastman based on his plan to have Pence refuse to count state electoral votes during a joint session of Congress on January 6, which he said he knew was illegal.
Speaking to reporters after Monday’s meeting, Eastman defended his actions, saying he was providing legal advice that was within the scope of his duties as a lawyer. “I have consistently recommended that the vice president only accede to the state legislature’s requests” to delay the certification of the election so that allegations of voter fraud can be investigated, Eastman said.
Charlie Burnham, an attorney for Eastman, said the referral had “no legal significance” and “carried no more weight than anyone else who has an opinion about what the Justice Department should focus on.”
Conspiracy to defraud the United States
For possible violations of the statute involving conspiracy to defraud the United States, the panel again cited what it said was Trump’s multi-part plan to overturn the election, as well as Clark’s involvement in trying to keep Trump in office. The committee also highlighted Trump’s repeated claims that the 2020 election was riddled with widespread fraud, despite several close aides telling him there was no evidence of significant fraud.
The committee repeatedly referred to the opinions of U.S. District Judge David O. Carter in the dispute over emails from Eastman that investigators sought to obtain. Carter found in March that it was “more likely than not” that Trump and Eastman had “dishonestly conspired” to prevent Congress from acting on January 6, and said Eastman’s emails supported a conspiracy to defraud the US.
“The committee believes there is sufficient evidence to prosecute the multi-part plan described in this report … because the very purpose of the plan was to prevent the legal confirmation of the election of Joe Biden as president,” the summary said.
Clark could not immediately be reached for comment.
Conspiracy to make a false statement
The committee’s recommendation for prosecution for conspiracy to make a false statement centers on false voter nomination papers submitted by Trump supporters to Congress and the National Archives.
“There should be no question that § 1001 applies here. The false ballots were provided to both the executive branch (National Archives) and the legislative branch,” the committee wrote. “The statute applies to ‘any matter within the jurisdiction of the executive, legislative, or judicial branches of the United States government.’ It is well established that false statements to Congress may constitute a violation of section 1001.”
The panel said Trump relied on the existence of bogus voters from states where President Biden prevailed as a basis for claiming that Pence could have denied or delayed Mr. Biden’s voter certification, and he and Eastman asked the Republican National Committee to organize an effort to get Mr. Trump presidential electors and cast their ballots, party chairwoman Ronna McDaniel told the caucus.
The committee believes there is sufficient evidence to prosecute the multi-part plan described in this report … because the very purpose of the plan was to prevent the legal confirmation of the election of Joe Biden as president,” the summary said.
Clark could not immediately be reached for comment.
Conspiracy to make a false statement
The committee’s recommendation for prosecution for conspiracy to make a false statement centers on false voter nomination papers submitted by Trump supporters to Congress and the National Archives.
“There should be no question that § 1001 applies here. The fraudulent ballots were provided to both the executive branch (National Archives) and the legislature,” the committee wrote. “The statute applies to ‘any matter within the jurisdiction of the executive, legislative, or judicial branches of the United States government.’ It is well established that false statements to Congress may constitute a violation of section 1001.”
The panel said Trump relied on the existence of bogus voters from states where President Biden prevailed as a basis for claiming that Pence could deny or delay Mr. Biden’s voter certification, and he and Eastman asked the Republican National Committee to organize an effort to get presidential voters Mr. Trump and cast their ballots, party chairwoman Ronna McDaniel told the committee.
“The Committee believes there is sufficient evidence to charge President Trump with unlawfully engaging in a conspiracy to violate section 1001; the evidence indicates that he conspired with Eastman and others to make false statements (false voter certificates) by fraudulent or dishonest means, and at least one member of the conspiracy engaged in at least one overt act in furtherance of the conspiracy,” the summary states.
“Inciting”, “aiding” or “aiding” insurrection
The committee says Trump’s actions related to the attack on the Capitol violate federal law regarding aiding or abetting and condoning insurrection.
In addition to encouraging his supporters to “descend on the Capitol” on January 6 to protest the election results, the panel highlighted his comments at a rally outside the White House and called for them to march on the Capitol. Investigators also cited Trump’s tweet on the afternoon of Jan. 6 in which he blasted Pence for rejecting his lobbying campaign and said he didn’t have the “guts” to throw away the state’s electoral votes as evidence that he had angered the crowd.
The committee argued that while crowds of Trump supporters continued to pour into the Capitol, leading to the evacuation of lawmakers from the House and Senate, the former president refused to condemn the violence or call for the crowd to disperse, ignoring pleas from his staff and family members to do so.
“The evidence obtained by the committee also indicates that President Trump has been unwilling to provide security assistance to the Capitol during this period of violence,” the panel said in its summary. “This appalling behavior by our Commander-in-Chief occurred despite his affirmative constitutional duty to act and ensure that the laws are faithfully executed.”
The purpose and impact of Trump’s actions, she said, was to “mobilize a large crowd to descend on the Capitol.”
Other conspiracy laws
The committee said there may have been other violations of federal law by Trump, although they require proof of conspiracy.
The first prohibits conspiring to “prevent, by force, intimidation, or threat, any holder of office from the performance of his duties. Three sworn members have been convicted of violating that law, and the committee said White House chief of staff Mark Meadows may have relevant information.
The Second Act prohibits conspiring to “overthrow, overthrow, or destroy by force the government of the United States … or oppose by force its authority, or by force prevent, obstruct, or delay the execution of any law of the United States.” United States.” .”
Stewart Rhodes, the leader of the Oath Keepers, was convicted of sedition conspiracy last month, and several members of the far-right Proud Boys, including its founder Enrique Tarria, were also charged with conspiring to use force to stop the transfer of presidential power. . January 6th. Their trial began on Monday.
Recommendation to the Ethics Committee of the House of Representatives
In addition to calling on the Justice Department to prosecute Trump and his allies, the subcommittee referred at least four Republican House members to the House Ethics Committee for failure to comply with subpoenas. Those lawmakers are House Minority Leader Kevin McCarthy and Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania and Andy Biggs of Arizona.
The panel in May issued subpoenas to each of the Republicans for information related to its investigation, but none complied with either voluntary or mandatory requests.
A spokesman for Jordan called the committee’s move “just another party and political trick.” Representatives of the other three members did not immediately respond to a request for comment after Monday’s meeting.
