CRIMINAL REFERRALS MADE BY THE JANUARY 6 COMMITTEE

On December 19, 2022, the January 6 House Committee voted unanimously to adopt its final report and refer former President Donald Trump for criminal prosecution.
This is the first time in American history Congress recommended a criminal referral against a former U.S. president.
The panel’s full report was released Wednesday, December 21,  2022  to the American public with more details on all of these findings.
The committee’s lengthy report is expected to include legislative recommendations and additional materials around Trump’s role on Jan. 6.
It is up to the Department of Justice whether or not to act on the panel’s recommendations.

CRIMINAL REFERRALS FOR TRUMP:

The committee concluded there is enough evidence to convict former President Trump and recommended that the Department of Justice make the following criminal charges:
Obstruction of an official proceeding. The “proceeding” being the Jan. 6 meeting of Congress itself.
– Conspiracy to defraud the United States. The committee argued that this happened in multiple ways, including Trump’s lies about the 2020 election and then-Vice President Pence’s role in certification among other issues.
Conspiracy to knowingly make a false statement. The committee said Trump broke this statute by participating in a plot to submit fake slates of electors.
Assisting, aiding or comforting an insurrection. The committee believes Trump incited the U.S. Capitol attack, but notes he was impeached on that charge already. The report summary specifically concludes there is enough evidence to convict and, therefore, to charge Trump with “assisting, aiding or comforting” the insurrection. The focus here is on his actions as the attack unfolded — and his lack of action in not moving to stop it.

ADDITIONAL REFERRALS:

Former Trump attorney John Eastman. The committee concluded there is enough evidence to convict Eastman on obstruction of an official proceeding and conspiracy to defraud the United States. He was a critical voice behind the theories that Pence could stop the election certification and that alternate slates of electors could change the results.
“Co-conspirators.” Other Trump allies, like former chief of staff Mark Meadows and lawyer Rudolph Giuliani, are named as “co-conspirators” in the Jan. 6’s executive summary, but not referred for charges on them specifically.
Ethics review. The panel also flagged four GOP lawmakers — House Minority Leader Kevin McCarthy and Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, and Andy Biggs of Arizona — for a potential ethics investigation because they all refused to comply with congressional subpoenas.

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