Some Senate Democrats are not leaping at the chance to recommend that the Justice Department bring criminal charges against former President Donald Trump for his actions leading to the riot at the U.S. Capitol.
The House committee investigating the Jan. 6, 2021, attack recommended the department bring down four criminal charges on Monday, including conspiracy to defraud the United States and inciting an insurrection.
However, some Senate Democrats are proceeding with caution, stating that there is a high threshold for prosecuting a former president.
JAN. 6 COMMITTEE URGES JUSTICE DEPARTMENT TO PURSUE CRIMINAL CHARGES AGAINST TRUMP
Sen. Chris Murphy (D-CT) said in an interview with the Hill that it is acceptable to have a “high bar” for prosecution and that the process should not be taken lightly.
“I think you should be careful about prosecuting former presidents,” Murphy said. “I think it’s OK to have a high bar when it comes to bringing charges against former chief executives. If there’s clear and convincing evidence, then the Justice Department should proceed, but they should be pretty careful about doing so.”
Some senators, such as Tim Kaine (D-VA), worry about the political ramifications that could stem from prosecuting Trump because the former president continues to have a strong hold on a section of the Republican Party.
However, Kaine emphasized that failing to hold Trump accountable for his actions could send the wrong message.
“I don’t tell prosecutors what to do, but I think the evidence that has been laid out is very compelling,” he said.
Sen. Dick Durbin (D-IL), who leads the Senate Judiciary Committee, said the evidence gathered from the committee could be an “important” piece to Justice Department special counsel Jack Smith’s case investigating Trump’s efforts to overturn the 2020 election.
However, Durbin said, it ultimately falls to Attorney General Merrick Garland for the final decision.
“There’s risk on both sides,” Durbin said to the Hill. “What [Trump] would do in reaction to it, I can’t tell you. Our failure to acknowledge his role in this criminal activity would be an omission on our part.”
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Charges against Trump bring an end to the nine-member committee’s 18-month investigation, consisting largely of holding hearings and gathering testimonies from former Trump staff and Capitol police present at the riot, and criminal referrals for others, such as Trump’s former lawyer, John Eastman, and other Trump allies.
The committee also released its 161-page executive summary of its final report on Monday. The full report is expected to be made public later this week.
