Topline
The House committee investigating the U.S. Capitol riot has enough evidence to refer former President Donald Trump to the Justice Department for criminal charges, vice-chair Rep. Liz Cheney (R-Wyo.) told CNN Sunday, though lawmakers are reportedly divided on whether to issue a referral due to concerns about the move’s legal and political implications.
Former President Donald Trump speaks at a rally, Saturday, April 9, 2022, in Selma, N.C. (AP … [+]
Key Facts
Cheney told CNN’s State of the Union that Trump and members of his orbit knew their behavior leading up to the riot was “unlawful” but “did it anyway,” after the New York Times reported Sunday the select committee believes it has enough evidence to refer Trump for charges of obstructing an official proceeding and conspiring to defraud the American people.
The panel has yet to make a decision on potential referrals, Cheney said.
Cheney pointed to a March ruling by federal Judge David Carter that stated Trump “more likely than not” illegally attempted to obstruct the 2020 presidential election by pushing Congress to reverse his loss to President Joe Biden.
Members of the committee are unsure of whether a criminal referral is necessary, the Times reported: The DOJ is already conducting a wide-ranging investigation into the Capitol riot and can bring charges without an explicit referral from lawmakers, and a referral could be viewed as a partisan move by the panel, which is made up of seven Democrats and two Republicans.
A referral “doesn’t have a legal impact,” Rep. Zoe Lofgren (D-Calif.) told the Times, adding, “Maybe we will, maybe we won’t” refer Trump to the DOJ for charges.
Crucial Quote
“They knew that they were going to attempt to use violence to stop the transfer of power,” Cheney said of the people that stormed the Capitol on January 6, noting that Trump took to Twitter weeks earlier to encourage his followers to “Be there, will be wild.”
What To Watch For
The committee is “finishing up” its 10-month-long investigation and will soon present its findings to the public, Rep. Peter Aguilar (D-Calif.) told the Times.
Key Background
The committee has interviewed hundreds of people as part of its investigation into the Capitol riot since forming last July. Though it can subpoena testimony and documents and make referrals for prosecutions to be carried out by the Justice Department, the committee itself has no prosecution powers.
Source: https://www.forbes.com/sites/masonbissada/2022/04/10/jan-6-committee-has-enough-evidence-for-trump-criminal-referral-cheney-says-but-some-lawmakers-are-reportedly-skeptical/