The Jan. 6 select committee voted Monday to urge the Justice Department to consider several criminal charges against former President Donald Trump related to the Capitol riot, the first time ever in American history.
The committee concluded its 18-month investigation by voting to refer Trump on several charges: obstruction of an official proceeding; conspiracy to defraud the United States; conspiracy to make a false statement; and inciting, assisting, or aiding/comforting an insurrection. The committee, which will be disbanded once Republicans are in the House majority next year, also took Monday’s hearing to approve the release of its comprehensive report.
“Several months ago, you tasked several of our members with bringing recommendations and referrals to the Department of Justice and other authorities based on evidence of criminal and civil offenses. We are prepared to share those recommendations today,” Rep. Jamie Raskin said Monday in introducing the motion to approve the final report, which includes the referrals. The panel ultimately voted 9-0.
READ IT: JAN. 6 COMMITTEE RELEASES FINAL REPORT’S EXECUTIVE SUMMARY
A referral is a recommendation that the Justice Department investigate whether to charge the people in question, but the move is largely symbolic because it doesn’t require federal investigators to bring the case. Attorney General Merrick Garland said whether the Justice Department brings charges will depend on whether the facts and the evidence support a prosecution. Garland will make the ultimate call on any charging decisions.
Criminal referrals were also made for several of Trump’s allies, including lawyer John Eastman, who was recommended for obstruction of an official proceeding and conspiracy to defraud the U.S. Eastman pushed for former Vice President Mike Pence to overturn the election unilaterally.
Separately, the committee referred four GOP lawmakers — House GOP Leader Kevin McCarthy, Rep. Jim Jordan (R-OH), Rep. Scott Perry (R-PA), and Rep. Andy Biggs (R-AZ) — to the Ethics Committee for refusing to cooperate with subpoenas from the committee.
The release of an executive summary to the final report on Monday sheds additional light on the criminal referrals that will be made.
The report said others working with Eastman, such as Kenneth Chesebro, the attorney who sent the initial memo to Trump regarding the scheme to submit fake electors to Congress and the National Archives, “likely share in Eastman’s culpability.”
Other potential criminal referrals could include Trump lawyer Rudy Giuliani and Jeffrey Clark, the former Justice Department official who briefly was being considered as Trump’s acting attorney general. Clark repeatedly invoked the Fifth Amendment when questioned by the committee.
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In a CNN interview following the public meeting, committee Chairman Bennie Thompson (D-MS) expressed confidence that the Justice Department would ultimately charge the former president.
“I have no doubt that once the investigation proceeds and is concluded, if the evidence is as we presented it, I’m convinced the Justice Department will charge former President Trump,” he said.
