House Jan. 6 committee votes to refer criminal charges for Trump - CBS News

Eastman and his attorney, Charlie Burnham, held a telephone with reporters aft Monday's meeting. Eastman said helium was providing ineligible proposal to past President Trump that was wrong his duties arsenic an attorney, and helium claimed helium received requests from states astir alleged elector fraud that caused him to inquire the vice president to hold the certification.

Burnham, meanwhile, said the referral has "no ineligible significance" and "carries nary much value than anyone other who has an sentiment connected what the Department of Justice should beryllium focused on."

Documents from the Secret Service connected record with the prime committee item the slew of weapons that officers confiscated from the 28,000 Trump supporters passing done magnetometers to be the rally astatine the Ellipse featuring the erstwhile president — earlier the Capitol assault: 

• 242 cannisters of capsicum spray;

• 269 knives oregon blades;

• 18 brass knuckles;

• 18 tasers;

• 6 pieces of assemblage armor; 

• 3 state masks;

• 30 batons oregon blunt instruments;

• 17 miscellaneous items similar scissors, needles, oregon screwdrivers.

The committee noted successful its enforcement summary released Monday that "thousands" of different attendees remained extracurricular the magnetometers oregon near their packs outside.

While immoderate of the rally-goers brought weapons, others brought guns, according to the 161-page summary. Three Florida men adjacent the Washington Monument the greeting of Jan. 6 brandished AR-15s successful beforehand of officers with the Metropolitan Police Department, for example. The section besides advised an idiosyncratic was perchance equipped with a "Glock," portion different whitethorn person been equipped with a "rifle."

Meanwhile, the National Park Service detained a idiosyncratic with a rifle, according to the panel's findings.

"Hours earlier the Ellipse rally connected Jan. 6, the information that the assembled assemblage was prepared for imaginable unit was wide known," the prime committee wrote. "In summation to quality reports indicating imaginable unit astatine the Capitol, weapons and different prohibited items were being seized by constabulary connected the streets and by Secret Service astatine the magnetometers for the Ellipse speech."

The Jan. 6 prime committee's ballot to notation Trump and Eastman to the Justice Department for imaginable transgression prosecution is simply a historical 1 without precedent, arsenic it marks the archetypal clip a erstwhile president has been the taxable of a transgression referral by Congress.

The determination is besides a important escalation for investigations mounted by Congress, arsenic the sheet collected mounds of grounds that it believes show violations of national instrumentality by Trump.

But the referrals are recommendations and bash not unit the Justice Department to bring charges against Trump and allies. The section present faces the weighty determination of whether to bring charges against Trump stemming from the efforts to overturn the results of the 2020 statesmanlike election.

Attorney General Merrick Garland has already faced calls to prosecute Trump for his behaviour surrounding the Jan. 6 assault, but the prime committee's findings are definite to ramp up the unit connected Garland and Jack Smith, the peculiar counsel appointed to oversee the Justice Department's ongoing probe into the attempts to thwart the transportation of power.

The Justice Department declined to remark connected the transgression referrals made by the House prime committee.

After the hearing, Rep. Jamie Raskin was asked what helium thinks the committee's bequest volition be. 

He said helium hopes it volition beryllium an "unswerving devotion to the facts, the regularisation of instrumentality and the Constitution." 

"We were charged with dealing with an lawsuit that was radically unsocial successful American history," the Maryland Democrat told reporters. "Nobody earlier — overmuch little a president — had ever travel truthful adjacent to overthrowing a statesmanlike predetermination and bypassing the Constitution." 

Raskin said helium hopes that the committee shining a airy connected the strategy to overthrow the 2020 predetermination means that specified a crippled volition ne'er beryllium attempted again. 

"Our top bequest and our astir enduring bequest would beryllium 1 that is certified by time, which is that we ne'er brushwood thing similar this again and that we support the advancement of American ideology moving," helium said. 

The committee, which started successful July 2021, volition sunset astatine the extremity of this twelvemonth arsenic Republicans are acceptable to instrumentality power of the House successful January. 

Rep. Elaine Luria moved that the committee favorably study to the House the prime committee's last report, which includes legislative recommendations and transgression referrals.

A recorded ballot was requested and the rotation taken by the clerk, and the ballot was unanimous, 9-0.

Thompson past adjourned the panel, and arsenic lawmakers stood to depart the proceeding room, they near to little applause.

Rep. Jamie Raskin said the committee has gathered capable grounds to marque transgression referrals for some Trump and Trump lawyer John Eastman nether statutes outlawing obstruction and conspiracy to defraud the United States. 

 Raskin noted U.S. District Court Judge David Carter earlier this twelvemonth examined immoderate of the committee's grounds and concluded that some Trump and Eastman apt violated 2 national transgression statutes, "the starting point" for the committee's analysis. 

First, Raskin said the committee believes the committee has gathered capable grounds to marque a transgression referral of obstruction for Trump, Eastman and others. 

"The full intent and evident effect of Trump's strategy were to obstruct, influence, and impede this authoritative proceeding, the cardinal infinitesimal for the lawful transportation of powerfulness successful the United States," Raskin said. 

Second, the committee believes determination is "more than capable evidence" to notation Trump, Eastman and others nether a national statute that makes it a transgression to conspire to defraud the United States. 

"Former President Trump did not prosecute successful a program to defraud the United States acting alone," Raskin said. "He entered into agreements, ceremonial and informal, with respective different individuals who assisted with his transgression objectives. Our study describes successful item the actions of galore co-conspirators who agreed with, and participated in, Trump's program to impair, obstruct and decision the certification of President Biden's electoral victory."

Next, the committee is making a referral that outlaws knowingly and willfully making materially mendacious statements to the national government. Raskin said the grounds "clearly suggests that President Trump conspired with others to taxable slates of fake electors to Congress and the National Archives." Raskin said the committee believes determination is "more than sufficient" grounds to notation Trump and others nether that statute. 

"We don't effort to find each of the participants successful this conspiracy, galore of whom refused to reply our questions nether oath," Raskin said. "We spot that the Department of Justice volition beryllium capable to signifier a much implicit representation done its investigation."

Finally, Raskin invoked a statute applying to anyone who incites, assists oregon engages successful insurrection against the United States, oregon gives "aid and comfort" to an insurrection."

"The committee believes that much than capable grounds exists for a transgression referral of erstwhile President Trump for assisting oregon aiding and comforting those astatine the Capitol who engaged successful a convulsive onslaught connected the United States," Raskin said. "The committee has developed important grounds that President Trump intended to disrupt the peaceful modulation of power."   

Further, Raskin said the committee is referring 4 members of Congress to the House Ethics Committee for punishment for their nonaccomplishment to comply with the committee's subpoenas. 

Raskin asked the committee for unanimous consent directing the president to transmit the grounds related to those referrals to the Justice Department. 

Rep. Elaine Luria summarized the 187 minutes that transpired from the extremity of his code astatine a rally connected the Ellipse astatine 1:10 p.m. connected Jan. 6 to 4:17 p.m., erstwhile helium tweeted a video instructing the mob to permission the Capitol grounds.

"For 187 minutes, helium actively disregarded his law work to instrumentality attraction that the laws are faithfully executed," said Luria, a Virginia Democrat. "As we person established done months of investigation, that is due to the fact that the mob wanted what President Trump wanted: to impede the peaceful modulation of power."

Luria cited the galore attempts by his allies — medication officials, members of Congress, Fox News commentators and members of his household — to impulse him to archer his supporters to retreat from the Capitol, though helium refused their pleas.

"During the day, the president ne'er spoke with National Guard, the Department of Defense, the Department of Justice, oregon immoderate different instrumentality enforcement agency," she said. "At nary constituent during the time — oregon immoderate different — did helium contented immoderate bid to deploy immoderate instrumentality enforcement bureau to assist."

The Virginia congresswoman reiterated that aggregate witnesses told the committee of Trump's refusal to intervene arsenic the unit escalated, but did telephone his lawyer, Rudy Giuliani. The 2 spoke with legislature leaders to promote them to proceed delaying the associated league of Congress, Luria said.

The committee played caller grounds from Kellyanne Conway, erstwhile elder counsellor to Trump, who recalled a speech she had with the then-president connected Jan. 7.

"I conscionable said that it was conscionable a unspeakable day. I'm moving connected a agelong statement. I said it's crazy," Conway told the committee.

Asked what Trump said successful response, Conway recalled helium said, "No, these radical are upset. They're precise upset."

"In summary: President Trump lit the flame, poured gasoline connected the fire, and sat by successful the White House eating country for hours watching the occurrence burn," Luria said. "And contiguous helium continues to instrumentality those flames. This was an utmost dereliction of his duty."

When President Trump's efforts to get authorities and national officials to spell on with his strategy failed, helium past turned to his supporters, Florida Rep. Stephanie Murphy said. 

"He summoned a assemblage to the nation's superior connected Jan. 6, hoping that they would unit Congress to bash what helium could not bash connected his own," she said. 

Between Dec. 19, 2020, and Jan. 6, 2021, Trump repeatedly encouraged his supporters to travel to Washington, D.C., she said. His Dec. 19 tweet "galvanized home convulsive extremists, including members of the Oath Keepers, the Proud Boys and organized militia groups." 

His supporters past began organizing to travel to the Capitol "with the circumstantial intent to usage unit to disrupt the certification of the predetermination during the associated session," Murphy said. 

Meanwhile, instrumentality enforcement agencies were gathering "substantial evidence" astir the imaginable for unit during the associated session, she said.  

Trump's advisers were besides informing him that helium should archer his supporters to beryllium "peaceful" connected Jan. 6, "but helium refused," she said. 

Murphy said 1 of Trump's apical aides, Hope Hicks, said she had tried to suggest that Trump should pass his supporters to beryllium non-violent, but "he refused." 

In testimony, Hicks said "he" was Eric Herschmann and she had not spoken to Trump astir it directly.

"I didn't talk to the president astir this directly, but I communicated with radical similar Eric Herschmann that it was my presumption that it was important that the president enactment retired immoderate benignant of connection successful beforehand of the event," Hicks said successful video testimony. 

"Mr. Herschmann said that helium had made the aforesaid proposal straight to the president and that helium had refused," Hicks said. 

Rep. Pete Aguilar said Trump's "multi-part plan" included pressing the antheral who had "served him loyally for 4 years," oregon then-Vice President Mike Pence. 

"When Vice President Pence and galore others—including Trump's ain lawyer, John Eastman—told him, correctly, that this was unlawful, erstwhile President Trump spearheaded an unprecedented unit run to coerce him to bash it anyway, yet culminating successful a unsafe menace to Mr. Pence's beingness connected Jan. 6," Aguilar said. 

Aguilar noted that Trump "repeatedly" pressured Pence to presume Eastman's proposal, though Pence told the president helium lacked the authorization to cull the electoral votes for Mr. Biden. That culminated successful a telephone telephone connected the greeting of Jan. 6 betwixt Trump and Pence successful which Trump "repeatedly berated Mr. Pence by cursing and leveling threats," Aguilar alleged. 

Aguilar said White House staffer Nick Luna was among those who confirmed the details of the call. 

Trump and others urged Pence to alteration his mind, Aguilar noted. In his code astatine the Ellipse and successful tweets, Trump pushed Pence to person the "courage to bash what helium has to do."

That day of Jan. 6, rioters chanted "Hange Mike Pence," forcing Pence to fly into hiding. 

Focusing connected Trump's efforts to propulsion the Justice Department to situation the results of the 2020 statesmanlike election, with enactment from his ally, lawyer Jeffrey Clark, GOP Rep. Adam Kinzinger of Illinois criticized Trump for attempting to usage the section to prosecute his quest of remaining successful power.

"It's of the utmost value that our Department of Justice operates arsenic a just and neutral assemblage that enforces our national laws without fearfulness oregon favor," Kinzinger said. "It is this captious relation that President Trump sought to corrupt, arsenic helium sought to usage the Department of Justice to analyse and prosecute purported predetermination fraud and to assistance him person the nationalist that the predetermination was stolen."

The congressman noted that section leaders — among them then-Attorney General Bill Barr, acting Attorney General Jeffrey Rosen and Richard Donoghue — repeatedly told the erstwhile president determination was nary wide fraud and his claims were false.

Still, adjacent arsenic the claims of predetermination fraud were debunked,Trump attempted to instal an ally, Clark, to pb the Justice Department arsenic acting lawyer general. Clark had drafted a missive to Georgia officials falsely stating the section had "significant concerns" astir the predetermination results determination and encouraging authorities legislatures to name a caller slate of statesmanlike electors.

The strategy involving the missive led to a tense gathering successful the Oval Office connected Jan. 3, 2021, during which apical White House advisers and Justice Department officials objected to Clark's assignment and threatened to resign if helium were named. 

"Donald Trump would beryllium starring a graveyard," Kinzinger said. "It was lone aft the menace of wide resignations that President Trump rescinded his connection to Mr. Clark."

Rep. Adam Schiff laid retired however the president and his allies "repeatedly pressured authorities officials to instrumentality enactment to overturn the results of the election."

The astir "dramatic" specified example, Schiff said, was erstwhile Trump called Secretary of State Brad Raffensperger successful January 2021 and urged him to "find 11,780 votes," according to a signaling of the call. Schiff noted Trump suggested Raffensperger and his lawyer could beryllium taxable to transgression enactment if they didn't bash arsenic helium said. 

Schiff besides noted however Trump wanted to transmit mendacious Electoral College ballots to Congress and the National Archives, contempt realizations by Trump and White House attorneys that specified a determination was unjustified and perchance unlawful. 

"The prime committee has developed grounds that these intentionally mendacious documents were transmitted to aggregate officers of the national government, and were intended to interfere with the due behaviour of the associated session, wherever the beingness of alleged 'competing slates' of electors would service arsenic a pretext for morganatic electoral votes to beryllium rejected," Schiff said. 

Schiff replayed grounds from section predetermination authoritative Ruby Freeman, who testified that she doesn't adjacent stock her sanction successful nationalist retired of fearfulness for retribution and her ain safety. 

"The attraction of Ms. Freeman, and her girl Shay Moss, and truthful galore others astir the country, was callous, inhuman, inexcusable, and dangerous, and those liable should beryllium held accountable," Schiff said. 

Rep. Zoe Lofgren disclosed that President Trump raised hundreds of millions "with mendacious representations" to his supporters aft the 2020 predetermination and the proceeds "have been utilized successful ways that we judge are concerning." 

She said the committee has learned that immoderate of the funds were utilized to prosecute lawyers, and it besides has grounds "of efforts to supply oregon connection employment to witnesses." 

"For example, 1 lawyer told a witnesser the witnesser could, successful definite circumstances, archer the committee that she didn't callback facts erstwhile she really did callback them," the California Democrat said. "That lawyer besides did not disclose who was paying for the lawyer's representation, contempt questions from the lawsuit seeking that information. He told her, 'we're not telling radical wherever backing is coming from close now.' 

"We've learned that a lawsuit was offered imaginable employment that would marque her 'financially precise comfortable' arsenic the day of her grounds approached by entities that were seemingly linked to Donald Trump and his associates," Lofgren said. She noted that the offers "were withdrawn oregon didn't materialize," erstwhile reports emerged astir what her grounds contained. And the witnesser thinks it was an "effort to impact her testimony." 

Lofgren did not uncover the sanction of the witnesser approached oregon the sanction of the lawyer. 

In arguing that Trump had purposely disseminated mendacious allegations of elector fraud successful the 2020 election, Lofgren besides played a clip of grounds by longtime Trump adjutant Hope Hicks, who told the committee that she "wasn't seeing grounds of fraud connected a standard that would person impacted the result of the election." She said she was increasing "concerned that we were damaging his legacy." Hicks said that Trump, successful response, "said thing on the lines of, you know, 'Nobody volition attraction astir my bequest if I lose, truthful that won't matter. The lone happening that matters is winning.'"

In her opening remarks, Cheney, the panel's vice chair, charted her ain family's past warring for the national successful the Civil War and the consecutive presidents who implicit clip person accepted the results of statesmanlike elections and allowed for the transportation of statesmanlike power, with the objection of one.

"Every president successful our past has defended this orderly transportation of authority, but one," Cheney said. "Jan. 6, 2021, was the archetypal clip 1 American president refused his law work to transportation powerfulness peacefully to the next."

Cheney said the warrant of the peaceful transportation of powerfulness lies "at the bosom of our republic."

Highlighting the events of Jan. 6, arsenic the mob of Trump's supporters descended upon the Capitol, Cheney said among the astir "shameful" findings from the sheet was his nonaccomplishment to impulse the rioters to disperse and permission the Capitol grounds, contempt repeated requests for him to bash truthful from his household members and adjacent aides.

"This was an utter motivation nonaccomplishment and a wide dereliction of duty," Cheney said, noting that amid the unit astatine the Capitol, Trump sat successful the eating country disconnected the Oval Office watching the events transpire connected television.

The Wyoming Republican repeated that Trump is "unfit" for immoderate office.

"No antheral who would behave that mode astatine that infinitesimal successful clip tin ever service successful immoderate presumption of authorization successful our federation again," Cheney said.

Rep. Bennie Thompson gaveled successful the committee's last gathering soon aft 1 p.m., recapping the committee's efforts. 

"To formed a ballot successful the United States is an enactment of religion and hope," Thompson said. "When we driblet that ballot successful the ballot box, we expect the radical named connected that ballot are going to uphold their extremity of the deal. The victor swears an oath and upholds it. Those who travel up abbreviated yet judge the effect and abide by the regularisation of law. That religion successful our strategy is the instauration of American democracy. If the religion is broken, truthful is our democracy. Donald Trump broke that faith. He mislaid the 2020 predetermination and knew it. But helium chose to effort to enactment successful bureau done a multi-part strategy to overturn the results and artifact the transportation of power."

Thompson said they expect their last study to beryllium filed with the Clerk of the House and made nationalist aboriginal this week, on with the remainder of non-sensitive transcripts and documents by the extremity of the year. 

"This committee is nearing the extremity of its work," Thompson continued. "But arsenic a country, we stay successful unusual and uncharted waters. We've ne'er had a President of the United States disturbance up a convulsive effort to artifact the transportation of power. I believe, astir 2 years later, this is inactive a clip of reflection and reckoning."

Thompson said the committee volition laic retired last recommendations successful its last study connected however to debar different specified event. That study volition picture a "roadmap to justice," helium said.

Still, Thompson said the astir important portion of preventing a akin incidental is "accountability," arsenic the committee votes connected transgression referrals. 

New audio files obtained by CBS News uncover however a legislature researcher pushed retired Lt. Gen. Michael Flynn, the erstwhile nationalist information advisor to erstwhile President Donald Trump, to attest astir his efforts to overturn the 2020 statesmanlike predetermination and questioned Flynn astir whether helium pressured subject and quality officials to assistance him with that endeavor.

The audio files are the latest model into the enactment of the House prime committee investigating the Jan. 6, 2021 battle connected the Capitol and its effort to larn much astir the grade of Flynn's contacts with defence and quality officials.

Flynn's enactment has agelong been a constituent of involvement for the committee, according to 2 radical acquainted with the Jan. 6 sheet who were not authorized to talk publicly, and it has probed witnesses astir whether Flynn pressured radical moving wrong the authorities arsenic helium supported Trump connected the outside.   

The committee's enactment of enquiry successful the Flynn deposition appears to question specificity astir the grade to which Flynn sought retired officials, arsenic good arsenic the information of immoderate outreach, details connected immoderate recommendations helium made oregon documents helium circulated, and whether helium was paid oregon acting astatine the behest of Trump oregon others.

Read much astir the deposition here.

The Jan. 6 committee was formed successful July 2021 aft House Speaker Nancy Pelosi's attempts to make an independent, bipartisan committee to analyse the attack, akin to the committee that investigated the Sept. 11, 2001 violent attack, were thwarted by Senate Republicans. The committee includes 7 Democrats and 2 Republicans — Reps. Liz Cheney and Adam Kinzinger — who broke with GOP enactment to join.

The committee began its investigative enactment with a proceeding held successful July 2021 that featured respective instrumentality enforcement officers. Over the adjacent 11 months, the committee conducted much than 100 interviews, including with immoderate successful Trump's interior ellipse and adjacent successful his family, and subpoenaed much than 1,000 documents.

The committee past held a series of blockbuster nationalist hearings opening successful June to contiguous immoderate of the grounds that had been gathered. In the hearings, the committee focused connected antithetic parts of what members person alleged was a multi-pronged effort by Trump and his allies to overturn the 2020 predetermination results, including unit campaigns connected then-Vice President Mike Pence and his staff and top members of the Justice Department arsenic good arsenic section and authorities elections officials. 

The committee besides shed airy connected an alleged strategy by Trump and his allies to regenerate electors successful 7 battleground states won by President Biden, with a slate of Trump electors. Committee seat Bennie Thompson, a Democrat from Mississippi, said successful July that the lawmakers were speaking with the Justice Department astir the alleged scheme. 

The hearings sought to necktie Trump to the mobilization of his supporters astatine the Capitol connected Jan. 6, 2021. The committee showed recorded grounds from witnesses, never-before-seen video from the time of the riot, in-person grounds from an injured Capitol constabulary officer, and interviews with members of the Trump White House, his campaign, Pence's office, a retired national judge, authorities and section elections officials, a erstwhile spokesperson for the Oath Keepers and an Ohio antheral who pleaded blameworthy for his relation successful the Jan. 6 riot.

In the last proceeding successful October, the committee voted to subpoena Trump for documents and testimony. They issued the subpoena successful mid-November, and Trump filed a suit attempting to quash it.