The House January 6 Committee voted on Monday to send referrals to the Justice Department recommending former President Donald Trump be criminally prosecuted.
The referrals include obstructing an official proceeding of Congress, conspiracy to defraud the federal government, making a false statement, and inciting, assisting, or aiding and comforting an insurrection.
In what is expected to be its final meeting on Monday, the House Select Committee to Investigate January 6 said it will formally ask the DOJ to pursue charges after a nearly 18-month probe into the former president’s involvement in the activities that lead to the Capitol breach on January 6, 2021.
The committee said on Monday that it believes it has significant evidence that former President Trump intended to disrupt the peaceful transition of power, and believes that the DOJ can likely elicit testimony relevant to an investigation under a federal statute that bans rebellion against the U.S. government.
That statute says anyone who “incites” or “gives aid or comfort” in any “rebellion or insurrection against the authority of the United States,” cannot hold public office.
The committee’s unprecedented criminal referral holds no official legal weight, and a final determination in whether to pursue the charges will be up to Attorney General Merrick Garland and the Justice Department. Read more…