The Jan. 6 select committee is preparing to vote on urging the Justice Department to pursue at least three criminal charges against former President Donald Trump, including insurrection.
The report that the select panel is expected to consider on Monday afternoon, described to POLITICO by two people familiar with its contents, reflects some recommendations from a subcommittee that evaluated potential criminal referrals. Among the charges that subcommittee proposes for Trump: 18 U.S.C. 2383, insurrection; 18 U.S.C. 1512(c), obstruction of an official proceeding; and 18 U.S.C. 371, conspiracy to defraud the United States government.
It’s unclear whether the select committee’s final report will recommend additional charges for Trump beyond the three described to POLITICO, or whether it will urge other criminal charges for other players in Trump’s bid to subvert his 2020 loss. The document, according to the people familiar, includes an extensive justification for the recommended charges.
To justify incitement of insurrection, the report references U.S. District Court Judge Amit Mehta’s February ruling saying Trump’s language plausibly incited violence on Jan. 6, 2021, when a mob of his supporters besieged the Capitol in a bid to disrupt congressional certification of his loss to Joe Biden. The report also cites the Senate’s 57 votes in last year’s impeachment trial, Trump’s second, to convict him on an “incitement of insurrection” charge passed by the House.
The select panel’s report also notes that, in order to violate the insurrection statute, Trump did not need an express agreement with rioters — but rather, simply needed to provide “aid or comfort” to them.
DOJ, which is already pursuing a criminal probe of Trump’s Jan. 6-related actions, is not required to consider referrals from Congress, which have no legal weight. However, the select committee plans to act in the hopes that lawmakers’ input can influence prosecutorial decision-making.
A select committee spokesperson declined to comment. Trump’s spokesperson also did not immediately return a request for comment.
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