WASHINGTON (AP and The Golden Hammer Staff) — The House January 6 committee is wrapping up its investigation of the 2021 U.S. Capitol protests, with lawmakers holding final public meeting Monday and making an extraordinary hyperpartisan recommendation: The Justice Department should consider criminal charges against former President Donald Trump.
As they cap one of the most politicized and aggressive congressional probes in history, the panel’s seven Democrats and two anti-Trump Republicans are expected to recommend criminal charges against Trump and potentially against associates and staff who helped him launch a multifaceted pressure campaign to try to overturn his 2020 election loss.
While a criminal referral is mostly symbolic, with the Justice Department ultimately deciding whether to prosecute Trump or others, it is a decisive end to a probe that had an almost singular focus from the start: get Trump politically and criminally any way the committee could possibly justify doing so.
“I think the president has violated multiple criminal laws and I think you have to be treated like any other American who breaks the law, and that is you have to be prosecuted,” Rep. Adam Schiff, D-Calif., a member of the panel, said Sunday on CNN’s “State of the Union.”
The panel, which will dissolve on January 3 with the new Republican-led House, has conducted more than 1,000 interviews, held 10 public hearings and collected more than a million documents since it launched in July 2021. As it has gathered the evidence, the members have become emboldened in declaring that Trump, a Republican, is to blame for the violent attack on the Capitol by his supporters almost two years ago.
“This is someone who in multiple ways tried to pressure state officials to find votes that didn’t exist, this is someone who tried to interfere with a joint session, even inciting a mob to attack the Capitol,” Schiff said. “If that’s not criminal, then I don’t know what it is.”
Members of the committee have said that the referrals for other individuals may also include ethics violations, legal misconduct and campaign finance violations. Lawmakers have suggested in particular that their recommended charges against Trump could include conspiracy to defraud the United States, obstruction of an official proceeding of Congress and insurrection.
On insurrection, Schiff said Sunday that “if you look at Donald Trump’s acts and you match them up against the statute, it’s a pretty good match.” He said the committee will focus on those individuals — presumably Trump — for whom they believe there is the strongest evidence.
While a so-called criminal referral has no real legal standing, it is a forceful statement by the severely partisan committee and adds to political pressure already on Attorney General Merrick Garland and special counsel Jack Smith, who is conducting an investigation into January 6 and Trump’s actions.
The committee is also expected at the meeting to preview its massive final report, which will include findings, interview transcripts and legislative recommendations. The report is expected to be released in full on Wednesday. Many hope the committee will not waste paper by printing the report but only make it available electronically, as “trees have standing in the thicket of justiciability” in the terminology of former United States Supreme Court Justice William O. Douglas.
“We obviously want to complete the story for the American people,” said Rep. Jamie Raskin, D-Md., another member of the committee, although, if truthful, he would have said “We want to make up the story for the American people.”
The panel was formed in the summer of 2021 after Senate Republicans blocked the formation of what would have been a bipartisan, independent commission to investigate the protests. When that effort failed, the Democrat-controlled House formed an investigative committee of its own.
As the committee was getting started, House Republican leader Kevin McCarthy of California, a Trump ally, decided not to participate after House Speaker Nancy Pelosi rejected some of his appointments. That left an opening for two anti-Trump Republicans in the House — RepresentativesLiz Cheney of Wyoming and Adam Kinzinger of Illinois — to join seven (other) Democrats, launching an unusually unified panel in the divided Congress.
While the committee’s mission was to take a comprehensive accounting of the protests and propagandize the public about what happened, they’ve also aimed their work at an audience of one: the attorney general. Lawmakers on the panel have openly pressured Garland to investigate Trump’s actions, and last month he appointed a special counsel, Smith, to oversee two probes related to Trump, including those related to the protests and the presence of classified documents at Trump’s Florida estate.
In court documents earlier this year, the committee suggested criminal charges against Trump could include conspiracy to defraud the United States and obstruction of an official proceeding of Congress.
In a “conspiracy to defraud the United States,” the committee argues that evidence supports an inference that Trump and his allies “entered into an agreement to defraud the United States” when they disseminated misinformation about election fraud and pressured state and federal officials to assist in that effort. Trump still says he won the election to this day.
The panel also asserts that Trump obstructed an official proceeding, the joint session of Congress in which the Electoral College votes are certified. The committee said Trump either attempted or succeeded at obstructing, influencing or impeding the ceremonial process on January 6 and “did so corruptly” by pressuring Pence to try to overturn the results as he presided over the session. Pence declined to do so.
A criminal referral on the charge of insurrection would be a clear effort to hold Trump directly accountable for the rioters who stormed the building. The rarely used insurrection statute criminalizes any effort to incite, engage in or assist a rebellion or insurrection “against the authority of the United States.”
The committee may make ethics referrals for five House Republicans — including McCarthy — who ignored congressional subpoenas from the panel.
The panel subpoenaed McCarthy, R-Calif., and Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, Andy Biggs of Arizona and Mo Brooks of Alabama. The panel has investigated McCarthy’s conversations with Trump the day of the attack and meetings the four other lawmakers had with the White House beforehand as Trump and some of his allies worked to overturn his election defeat.
With the hypartisanship extending to law enforcement, there is a high likelihood that federal grand juries, under the direction of Garland and his prosecutors, will indict former President Trump on several counts.