Republicans want the Justice Department to take the unusual step of bringing a perjury case without a congressional committee referral after Democrats blocked a resolution that accuses President Trump’s former attorney Michael Cohen of lying to Congress under oath.
Cohen is accused of lying last month to the House Oversight Committee about seeking a White House job and a presidential pardon, after pleading guilty last year to lying to Congress about a separate matter.
The blocked resolution, proposed by Rep. Jim Jordan, R-Ohio, would have laid the groundwork for charges by expressing the committee’s opinion that Cohen lied. Although charges remain possible, the lack of committee action makes prosecution more difficult.
Committee Chairman Rep. Elijah Cummings, D-Md., declared the resolution out of order Thursday, and prevented a vote after saying in a Wednesday statement, “I do not see the need for further action — at least at this time.”
Although rarely prosecuted, giving false testimony before Congress carries a potential five years in prison, and Jordan and Rep. Mark Meadows, R-N.C., want the Justice Department to take some action.
“Jordan and Meadows have inquired with [Attorney General Bill] Barr already,” said Meadows spokesman Ben Williamson. “At this point their attention will likely turn to DOJ and following up with them. They’ve been responsive in working with us.”
George Washington University law professor Jonathan Turley said Cummings made it much more difficult for prosecutors to charge Cohen.
“There’s little question that his testimony before Congress was misleading if not false,” Turley said. “But even if people at Justice were inclined to prosecute Cohen for perjury, the Democrats made him effectively immune.”
Although Meadows presented the Justice Department with what he described as a criminal referral, Turley said a single lawmaker’s complaint does not carry the legal weight of a full committee, which in cases of perjury is viewed as the victim of the crime.
There’s a five-year statute of limitations, but Turley said he doubts Cohen would be charged even if Republicans retake control of the House committee, which could allow the committee to make a referral.
Turley said he found it ironic that Cummings had vowed to lead the charge if Cohen lied. Cummings said during the hearing, “I have made it abundantly clear to Mr. Cohen that if he comes here today and he does not tell us the truth, I will be the first one to refer those untruthful statements to DOJ.”
Cohen’s critics say it’s clear he lied. For example, Cohen told lawmakers, “I never asked for, nor would I accept, a pardon from President Trump.” But a statement from his attorney Lanny Davis later conceded he “directed his attorney to explore possibilities of a pardon at one point.”
Separately, Cohen claimed he “did not want” a White House job, which was refuted by people who said he did and a sentencing memo from federal prosecutors in New York, who said, “Cohen privately told friends and colleagues, including in seized text messages, that he expected to be given a prominent role and title in the new administration.”
The testimony followed Cohen’s admitted lies to congressional intelligence committees about the timing of talks about a Trump construction project in Russia. Those remarks were referred to the Justice Department by the Senate Intelligence Committee, leading to prosecution.
Cohen will report to prison May 6 for a three-year sentence for his previous lies to Congress and for tax and bank fraud and a campaign finance violation.
Turley said Cohen received a surprisingly light sentence for his previous crimes.
“You almost have to have some grudging admiration for a guy who seems to commit offenses in public and find a way to avoid accountability,” Turley said.
A Justice Department spokeswoman did not respond to a request for comment on GOP requests for a Cohen investigation, nor did a spokesman for special counsel Robert Mueller, whose office brought the earlier Cohen perjury case. Cohen’s attorney Davis also did not respond.
