WATCH: Jan. 6 Committee Issues Criminal Referral of Trump, Including Violations of 4 Federal Statutes
The House committee investigating the Jan. 6 attack at the U.S. Capitol unanimously voted to refer former President Donald Trump for criminal charges.
The unprecedented move on Monday is largely symbolic, as the Department of Justice will ultimately make the decision whether to charge Trump.
The committee has tried to make the case that Trump was ultimately responsible for some of his supporters storming the Capitol as part of Trump’s efforts to overturn the 2020 presidential election.
On Monday, the committee echoed that sentiment.
“This committee will lay out a number of recommendations in this final report. But beyond any specific details and recommendations we present, there’s one factor I believe is most important in preventing another January 6 — accountability,” said committee chairman Rep. Bennie Thompson (D-MS) at the top.
The committee hearing also included a video montage of committee testimonies and other evidence. It even featured a revelation that witnesses were offered employment by Trump in trying to tamper with their testimonies.
Committee member Rep. Jamie Raskin (D-MD) listed the criminal referrals of Trump and lawyer John Eastman, who was part of the plot of overturn the 2020 election, the committee would make to the DOJ.
Raskin alleged the two violated Obstruction of an official proceeding, or “Title 18, Section 1512C, which makes it unlawful for anyone to corruptly obstruct, influence, or impede any official proceeding of the United States government. We believe that the evidence described by my colleagues today, and assembled throughout our hearings, warrant a criminal referral of former president Donald J. Trump, John Eastman, and others for violations of this statute. The whole purpose and obvious effect of trump’s scheme were to obstruct, influence, and impede this official proceeding, the central moment for the lawful transfer of power, in the United States.”
Raskin accused Trump and Eastman of a Conspiracy to defraud the United States, or Title 18, Section 371.
“In other words, to make an agreement to impair, obstruct, or defeat the lawful functions of the United States government by deceitful or dishonest means,” said Raskin. “Former President Trump did not engage in a plan to defraud the United States acting alone. He entered into agreements, formal and informal, with several other individuals who assisted him with his criminal objectives. Our report describes in detail the actions of numerous co-conspirators who agreed with and participated in Trump’s plan and participated in Trump’s plan to impair, obstruct, and defeat President Biden’s electoral victory.”
Trump and Eastman violated Title 18, Section 1011, or Conspiracy to make a false statement, alleged Raskin.
“The evidence clearly suggests that President Trump conspired with others to submit slates of fake electors to Congress and the National Archives,” he said. “We believe that this evidence was set forth in our report, is more than sufficient for a criminal referral of former president Donald J. Trump and others, in connection with this offense. As before, we don’t try to determine all of the participants in this conspiracy, many of whom refuse to answer our questions while under oath. We trust that the Department of Justice will be able to form a more complete picture through its own investigation.”
Finally, Raskin accused Trump and Eastman of violating Title 18, Section 2383, which is Inciting, assisting or aiding/comforting an insurrection.
“The committee believes that more than sufficient evidence exists for a criminal referral of former President Trump, for assisting or aiding and comforting those at the Capitol who engaged in a violent attack on the United States,” he said. “The committee has developed significant evidence that President Trump intended to disrupt the peaceful transfer, transition of power, under our constitution. The president has an affirmative and primary constitutional responsibility to acts, to take care that the laws be faithfully executed.”
