Jan. 6 committee to issue criminal referrals, chairman says

The committee's chairman, Rep. Bennie Thompson, did not disclose who the targets will be or if former President Donald Trump will be among them.

Associated Press

Dec 6, 2022

The House committee investigating the Jan. 6 attack on the U.S. Capitol will make criminal referrals to the Justice Department as it wraps up its probe and looks to publish a final report by the end of the year, the panel’s chairman said Tuesday.

Rep. Bennie Thompson, D-Miss., told reporters that the committee has decided to issue the referrals recommending criminal prosecution, but did not disclose who the targets will be or if former President Donald Trump will be among them.

U.S. Rep. Bennie Thompson (D-MS), chairman of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, leaves the U.S. Capitol after the last House votes of the week on November 17, 2022 in Washington, DC. (Photo by Drew Angerer/Getty Images)

“At this point, there’ll be a separate document coming from me to DOJ,” Thompson told reporters at the Capitol.

Thompson said the committee is meeting later Tuesday to discuss the details.

“The Committee has determined that referrals to outside entities should be considered as a final part of its work,” a spokesperson for the select committee told The Associated Press. “The committee will make decisions about specifics in the days ahead.”

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The decision to issue referrals is not unexpected. Rep. Liz Cheney, R-Wyo., the vice chair of the committee, has for months been hinting at sending the Justice Department criminal referrals based on the extensive evidence the nine-member panel has gathered since it was formed in July 2021.

While Congress can send criminal referrals to the Justice Department, it is ultimately up to federal prosecutors whether to pursue charges. In the past year, the committee has referred several members of Trump’s inner circle to the agency for refusing to comply with congressional subpoenas. So far only one contempt of Congress charge, against Steven Bannon, has turned into an indictment.

A video of former President Donald Trump is played during a hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on October 13, 2022 in Washington, DC. (Photo by Alex Wong/Getty Images)

The panel — comprised of seven Democrats and two Republicans — has sought to create the most comprehensive record of what the lawmakers have called Trump’s “staggering betrayal” of his oath of office and his supporters’ unprecedented attempt to stop Congress from certifying Democrat Joe Biden’s victory.

The committee built its case against the former president over a series of public hearings that began in early June and included live and video testimony from members of Trump’s family, his White House aides and other allies. At the end of the last hearing, the committee voted unanimously to subpoena Trump for his testimony under oath as well as documents. In response, Trump filed a lawsuit against the panel.

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With the select committee set to dissolve at the end of the year, lawmakers do not appear to be putting up a fight to secure Trump’s testimony. But his criminal referral, as Cheney and others have suggested, could prove to be a much more powerful closing argument.

Trump is facing more serious legal challenges off Capitol Hill, including the Mar-a-Lago investigation focused on the potential mishandling of top-secret documents.

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