On January 6, the House committee voted to refer criminal charges to the Justice Department against former President Trump and attorney John Eastman for their alleged roles in the attack on the US Capitol.
“The entire purpose and obvious effect of Trump’s scheme was to obstruct, influence and impede this official procedure, the central moment for the legal transfer of power in the United States,” said Rep. Jamie Raskin, a member of the committee
The committee made four criminal referrals for Trump: obstruction of an official proceeding; Conspiracy to defraud the United States; Conspiracy to make a false statement and “incite,” “aid,” or “aid and abet” an insurrection.
But congressional referrals are only recommendations, and the Justice Department is under no obligation to file charges against those referred for prosecution. However, the committee’s referrals could increase political pressure on the department to act, and lawmakers could reveal new evidence in their final report that federal prosecutors have not yet accessed.
The Justice Department had no comment Monday.
Rep. Jamie Raskin, D-Md., speaks as the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol holds its final meeting on Capitol Hill in Washington, Monday, Dec. 19, 2022. From left, Speaker Bennie Thompson, D-Miss., Vice Speaker Liz Cheney, R-Wyo., Rep. Adam Kinzinger, R-Ill., Raskin. J. Scott Applewhite / AP
The committee also recommended four Republican members of Congress to the House Ethics Committee for punishment for failing to comply with the committee’s subpoenas. Those four are: House Minority Leader Kevin McCarthy and Representatives Andy Biggs, Jim Jordan and Scott Perry. Under the new GOP House majority, McCarthy is running to be the next speaker, and Biggs plans to challenge him.
The committee’s chairman, Representative Bennie Thompson, stressed the importance of “accountability” for Trump and his allies.
“Accountability that can only be found in the criminal justice system,” Thompson said. “We have every confidence that the work of this Committee will help provide a road map for justice, and that the agencies and institutions responsible for ensuring justice under the law will use the information we have provided to assist them in their work. And for all of you. who have followed the work of this committee, I hope we’ve helped make it clear that there is a broader kind of responsibility. Responsibility to all of you: the American people.”
The proceedings mark the culmination of the panel’s nearly 18-month investigation into the attack on the US Capitol, which featured the testimony of dozens of witnesses and a series of high-profile hearings examining the assault and Trump’s role in inciting his supporters to storm the building. The committee summarized its findings from previous hearings, including depositions, eyewitness testimony and video of the attack on the U.S. Capitol.
Trump has maintained that he did nothing wrong on Jan. 6 and that the investigation by what he calls the “Select Committee on Political Hackers” is a “witch hunt.” On Monday morning, he posted on his social media platform Truth Social that Republicans must “stand firm” against the committee and this is a “dark period” in American history.