For the first time in history, a Congressional Committee is asking Federal Prosecutors to charge a former president with committing four felonies and to investigate him for two additional charges.
After an 18-month investigation, lawmakers are taking this unprecedented step.
The Jan. 6 Congressional Committee investigating the attack on the U.S. Capitol almost two years ago says they have enough evidence for the Department of Justice to charge a former president with four felony counts.
The former president is Donald Trump; here are the charges the Jan. 6 Committee is referring to DOJ.
I have copied and pasted a portion of the referrals.
The following text is from the official document.
“Taking all of these facts into account and based on the breadth of the evidence it has accumulated, the Committee makes the following criminal referrals to the Department of Justice’s Special Counsel.
I. Obstruction of an Official Proceeding
(18 U.S.C. § 1512(c)) Section 1512(c)(2) of Title 18 of the United States Code makes it a crime to “corruptly” “obstruct[], influence[], or impede[] any official proceeding, or attempt[] to do so.”594 Sufficient evidence exists of one or more potential violations of this statute for a criminal referral of President Trump and others.595 First, there should be no question that Congress’s Joint Session to count electoral votes on January 6th was an “official proceeding” under Section 1512(c).
II. Conspiracy to Defraud the United States (18 U.S.C. § 371)
Section 371 of Title 18 of the U.S. Code provides that “[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.” The Committee believes sufficient evidence exists for a criminal referral of President Trump and others under this statute.
III. Conspiracy to Make a False Statement (18 U.S.C. §§ 371, 1001)
President Trump, through others acting at his behest, submitted slates of fake electors to Congress and the National Archives. Section 1001 of Title 18 of the United States Code applies, in relevant part, to “whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.”
IV. “Incite,” “Assist” or “Aid and Comfort” an Insurrection (18 U.S.C. § 2383)
Section 2383 of Title 18 of the United States Code applies to anyone who “incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto.”632 The Committee recognizes that §2383 does not require evidence of an “agreement” between President Trump and the violent rioters to establish a violation of that provision; instead, the President need only have incited, assisted or aided and comforted those engaged in violence or other lawless activity to prevent the peaceful transition of the Presidency under our Constitution. A Federal court has already concluded that President Trump’s statements during his Ellipse speech were “plausibly words of incitement not protected by the First Amendment.”633 Moreover, President Trump was impeached for “Incitement of Insurrection,” and a majority of the Senate voted to convict, with many more suggesting they might have voted to convict had President Trump been in office at the time.”
The Jan. 6 Committee also recommended that DOJ investigate the former president for two additional charges.
They are:
Violation of the Seditious Conspiracy Statute.
Obstruction of an investigation.
The Committee also recommended that charges be filed against hundreds of individuals who planned and participated in the invasion and attack on the Capitol.
And these Congress members are being referred to the House Ethics Committee for Failure to Comply with Subpoenas.
House Minority Leader Kevin McCarthy, Representative Jim Jordan, Representative Scott Perry, and Representative Andy Biggs—to obtain information related to the Committee’s investigation.
The Department of Justice has appointed a Special Counsel to investigate former president Trump’s illegal possession of classified documents. DOJ is also investigating Trump on charges related to the insurrection.
The entire report from the Jan. 6 Committee will be released on Wednesday, December 21. The Committee also plans to release never-seen videos and audio files.
This Report supplies an immense volume of information and testimony assembled through the Select Committee’s investigation, including information obtained following litigation in Federal district and appellate courts, as well as in the U.S. Supreme Court.
Based upon this assembled evidence, the Committee has reached a series of specific findings, including the following:
This Report begins with a factual overview framing each of these conclusions and summarizing what our investigation found. That overview is in turn supported by eight chapters identifying the very specific evidence of each of the principal elements of President Trump’s multi-part plan to overturn the election, along with evidence regarding intelligence gathered before January 6th and security shortfalls that da