Jan. 6 committee approves criminal referrals targeting Trump, urging DOJ to prosecute - CBS News

Jan. 6 sheet calls for charges against Trump

House Jan. 6 committee announces it recommends transgression charges against Trump 08:46

Washington — The House prime committee investigating the Jan. 6 battle connected the U.S. Capitol recommended the Justice Department prosecute astatine slightest 4 transgression charges against erstwhile President Donald Trump related to his alleged efforts to thwart the transportation of statesmanlike power, a historical yet mostly symbolic determination that marks the archetypal clip a erstwhile president has been the taxable of a transgression referral by Congress.

During its final nationalist meeting Monday, the panel's 7 Democrats and 2 Republicans voted unanimously to follow its last study and impulse the Justice Department to prosecute Trump for obstruction of an authoritative proceeding, conspiracy to defraud the United States, conspiracy to marque a mendacious connection and incitement, rebellion oregon insurrection. Trump's actions could besides represent violations of 2 different conspiracy statutes depending connected imaginable grounds developed by the Justice Department, the sheet said successful a summary of the report. 

"We suggest to the committee advancing referrals wherever the gravity of the circumstantial offense, the severity of its existent harm, and the centrality of the offender to the wide plan of the unlawful strategy to overthrow the election, compel america to speak," Rep. Jamie Raskin said astatine Monday's meeting. "Ours is not a strategy of justness wherever ft soldiers spell to jailhouse and the masterminds and ringleaders get a escaped pass."

The panel's 9 members besides voted to contented referrals for respective of Trump's allies, including John Eastman, a blimpish lawyer and designer of the ineligible strategy for then-Vice President Mike Pence to unilaterally propulsion retired authorities Electoral College votes connected Jan. 6, and Jeffrey Clark, a Justice Department authoritative who drafted a missive urging authorities officials to name caller slates of electors. 

"Even if it were existent that President Trump genuinely believed the predetermination was stolen, this is nary defense," the committee wrote successful its enforcement summary. "No president tin disregard the courts and purposely interruption the instrumentality nary substance what expected 'justification' helium oregon she presents."

The committee's proposal that the Justice Department prosecute transgression charges against Trump is not binding, and national prosecutors volition yet determine whether to instrumentality specified a step. Attorney General Merrick Garland has appointed a peculiar counsel, Jack Smith, to analyse the alleged efforts to interfere with the transportation of powerfulness aft the 2020 election. The Justice Department declined to comment.

Trump, who has launched a 2024 statesmanlike bid, has maintained helium did thing incorrect connected Jan. 6, and has repeatedly called the committee's probe a "witch hunt." The Trump run did not instantly respond to a petition for comment.

Here are the 4 areas successful which the committee says Trump could look transgression charges:

Obstruction of an authoritative proceeding

For its proposal of prosecuting Trump for obstruction of an authoritative proceeding, the committee argued helium was "directly and personally involved" successful the effort to hold the counting of Electoral College votes during the Jan. 6 associated league of Congress, and acted with a "corrupt" purpose. Members cited not lone Trump's effort to unit Pence to forestall the certification of authorities electoral votes, but besides the program to taxable fake slates of electors to Congress.

"Through enactment and inaction, President Trump obstructed, delayed and impeded the ballot count," the committee wrote of the associated session, which was temporarily halted aft the mob of the erstwhile president's supporters breached the Capitol building.

The committee besides said it believes determination is "sufficient evidence" for a transgression referral of Eastman based connected his program for Pence to garbage to number authorities electoral votes during the Jan. 6 associated league of Congress, which it says helium knew was illegal. 

In a telephone with reporters aft Monday's meeting, Eastman defended his actions, saying helium was providing ineligible proposal that was good wrong the bounds of his duties arsenic an attorney. "I consistently recommended that the vice president simply accede requests from authorities legislature" to hold certification of the predetermination successful bid to analyse elector fraud claims, Eastman said.

Charlie Burnham, an lawyer for Eastman, 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."

Conspiracy to defraud the United States

For the imaginable usurpation of the statute involving conspiracy to defraud the United States, the sheet again cited what it said was Trump's multi-part program to reverse the result of the election, arsenic good arsenic Clark's information successful the effort to support Trump successful office. The committee besides highlighted Trump's repeated claims the 2020 predetermination was rife with wide fraud, contempt having been told by aggregate adjacent aides determination was nary grounds of important fraud.

The committee repeatedly referenced opinions from U.S. District Judge David O. Carter successful a quality implicit emails from Eastman that investigators sought to obtain. Carter successful March recovered it "more apt than not" that Trump and Eastman "dishonestly conspired" to obstruct the legislature proceedings connected Jan. 6, and said emails from Eastman were successful furtherance of a conspiracy to defraud the U.S.

"The Committee believes determination is capable grounds for a transgression referral of the multi-part program described successful this Report …  arsenic the precise intent of the program was to forestall the lawful certification of Joe Biden's predetermination arsenic President," the enforcement summary stated.

Clark could not instantly beryllium reached for comment.

Conspiracy to marque a mendacious statement

The committee's proposal of prosecution for conspiracy to marque a mendacious connection centers on  the fake slates of electors submitted by Trump's supporters to Congress and the National Archives. 

"There should beryllium nary question that Section 1001 applies here. The mendacious electoral slates were provided some to the Executive Branch (the National Archives) and the Legislative Branch," the committee wrote. "The statute applies to 'any substance wrong the jurisdiction of the executive, legislative, oregon judicial subdivision of the Government of the United States.' It is good established that mendacious statements to Congress tin represent violations of Section 1001."

The sheet said that Trump relied connected the beingness of the fake electors from states wherever President Biden prevailed arsenic a ground for claiming Pence could cull oregon hold the certification of Mr. Biden's electors, and helium and Eastman requested the Republican National Committee signifier the effort to person Trump's statesmanlike electors conscionable and formed their votes, arsenic enactment Chairwoman Ronna McDaniel told the prime committee.

"The committee believes that capable grounds exists for a transgression referral of President Trump for illegally engaging successful a conspiracy to interruption Section 1001; the grounds indicates that helium entered into an statement with Eastman and others to marque the mendacious connection (the fake electoral certificates), by deceitful oregon dishonest means, and astatine slightest 1 subordinate of the conspiracy engaged successful astatine slightest 1 overt enactment successful furtherance of the conspiracy," according to the enforcement summary.

"Incite," "assist" oregon "aid and comfort" an insurrection

The committee argues that Trump's actions related to the Capitol battle represent a usurpation of national instrumentality regarding assisting oregon aiding and comforting an insurrection. 

In summation to encouraging his supporters to "descend connected the Capitol" connected Jan. 6 to protestation the predetermination results, the sheet highlighted his comments astatine a rally extracurricular the White House urging them to march to the Capitol. Investigators besides cited Trump's tweet the day of Jan. 6 condemning Pence for rebuffing his unit run and claiming helium didn't person the "courage" to discard authorities electoral votes arsenic grounds helium inflamed the crowd.

The committee made the lawsuit that arsenic the mob of Trump's supporters continued to watercourse into the Capitol, prompting the evacuation of lawmakers from the House and Senate chambers, the erstwhile president refused to condemn the unit oregon impulse the assemblage to disperse, ignoring pleas from his unit and household members to bash so.

"Evidence obtained by the Committee besides indicates that President Trump did not privation to supply information assistance to the Capitol during that convulsive period," the sheet said successful its enforcement summary. "This appalling behaviour by our Commander successful Chief occurred contempt his affirmative Constitutional work to act, to guarantee that the laws are faithfully executed."

The intent and interaction of Trump's actions, it said, "were to mobilize a ample assemblage to descend connected the Capitol."

Other conspiracy statutes

The committee said different violations of national instrumentality by Trump whitethorn person occurred, though they necessitate impervious of a conspiracy.

The archetypal prohibits a conspiracy to "prevent, by force, intimidation oregon threat," immoderate office-holder from discharging their duties. Three members of the Oath Keepers were convicted of violating this law, and the committee said White House main of unit Mark Meadows whitethorn person applicable information.

The 2nd statute prohibits conspiracy to "overthrow, enactment down oregon to destruct by unit the authorities of the United States … oregon to reason by unit the authorization thereof, oregon by unit to prevent, hinder oregon hold the execution of immoderate instrumentality of the United States."

Stewart Rhodes, the person of the Oath Keepers, was convicted of seditious conspiracy past month, and respective members of the far-right Proud Boys, including its laminitis Enrique Tarrio, were besides charged with conspiracy to usage unit to halt the transportation of statesmanlike powerfulness connected Jan. 6. Their trial started Monday.

Referrals to the House Ethics Committee

In summation to urging the Justice Department to prosecute Trump and his allies, the prime committee besides referred astatine slightest 4 Republican House members to the House Ethics Committee for nonaccomplishment to comply with subpoenas. Those lawmakers are House Minority Leader Kevin McCarthy and Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania and Andy Biggs of Arizona.

The sheet issued subpoenas to each of the Republicans successful May for accusation related to its probe, but nary complied with either voluntary oregon compulsory requests. 

A spokesperson for Jordan called the committee's determination "just different partisan and governmental stunt." Representatives for the different 3 members did not instantly respond to a petition for remark aft Monday's meeting.