Would a "criminal referral" by the J6 Committee have to be voted on by the full House?

[kentuck]

I think that may be the rule?

The J6 Committee represents the voice of the Congress. The Congress is the voice of the people. That is no small voice.

If the Congress voted to approve a criminal referral, it would have to be considered by the DOJ. It would not be wise to simply ignore it.

Trump should not be able to get off so easily with the crimes he has committed. The attempted overthrow of the elected government and the theft of national security documents are not misdemeanors. They call for some action. It is not acceptable to sweep it under the rug.

[Scrivener7]

1. My understanding is no.

[gab13by13]

2. I would say yes.

The entire House had to vote for Bannon's criminal referral.

[FBaggins]

4. Not exactly the same thing

That wasn’t just a criminal referral - it was finding him in contempt. My guess is that DOJ can only bring a prosecution for that crime if the chamber first votes for contempt

[FBaggins]

3. Yes and no

Anyone can make a criminal referral. It has no real substance.

But if you want the referral to come from “The House of Representatives” - then you need to hold a vote.

Either way it’s just information. There’s no legal requirement that the DOJ does something with it

[Fiendish Thingy]

5. A criminal referral from congress is largely theatrics

DOJ can act without a criminal referral, and will have access to all the committee’s evidence, even without a referral.

The only reason for the committee to make a referral is to try and dominate the news cycle, not to spur the DOJ to act.

[gab13by13]

7. From what I hear about this latest, possible referral,

the J6 committee will lay out the referral in detail that DOJ can use as a template. Referrals are used to get Garland's attention, not the media's.

[Fiendish Thingy]

9. Unnecessary

Garland doesn’t need a criminal referral to be aware of TFG’s crimes.

[gab13by13]

12. Oh I know he is aware,

He was aware of "individual one," and the obstruction of justice crimes that the statute of limitations has expired.

[panader0]

6. Is that not decided by the DOJ? I don't know.

[Fiendish Thingy]

10. It is Decided by DOJ; a referral from the committee is unnecessary. Nt

[gab13by13]

13. A referral from the Michigan SOS

about the fake electors appear to have motivated DOJ. The Michigan SOS even publicly stated that if DOJ didn't take the investigation, she would.

The National Archives also asked DOJ to take over the stolen top secret document investigation.

[Igel]

8. Whatever.

It's not an enumerated right of the House. Or Congress.

There's no enabling legislation.

Vote by the House = "this many rank-and-file American citizens would like to have the DOJ do something." Get 200 signatories, great; if my school's PTO gets signatories on a petition, it should have exactly the same weight. Equality before the law, due process, yada-yada. Unless the DOJ decides that Representatives are sort of Super Citizens and count more than you or me without any grounding for this favoritism and bias in the Constitution, because some are more equal than others.

House can refer for contempt. That's the law. Full stop. Other than that, reps are citizens like you, me, Bannon, Sanders, my son's math professor or the Igel-sprog, the grocery-store cashier yesterday or the bagger or Dottie (the homeless woman who lives under the overpass closest to my house).

If DOJ gives special authority to some citizens and not others, that's a clear 14A violation. Those privileged few--obviously better than you or me, I guess, American nobility and royalty--have rights others don't have. Why? Because they're simply special people the DOJ wants to bless with privilege, not because our democracy grants them special authority. And that undermines our democracy with legal inequality. As does wanting them to have extra-constitutional, extra-legal privilege.

[Dr. Jack]

11. I don't think it really is going to matter in the long run

Legally speaking, Trump is fucked six ways to Sunday. It could be argued that January 6th was the worst thing he has ever done but it's also a difficult crime to pin directly to him. Stealing top secret documents, the related obstruction in that case, the Georgia investigation, and the Trump Organization lawsuit in New York are going to drown him. Don't be surprised if he is arrested before the end of the month. As soon as the midterms are over, the law is going to come knocking. I believe he will pay for his life of lawlessness. Not all of it but I think he's far more likely to die in a prison cell than he is to get anywhere close to the White House again.

[gab13by13]

14. Donald Trump may be indicted and convicted

but he will never see the inside of a jail cell.