Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must “take Care that the Laws be faithfully executed” and take an oath or affirmation to “faithfully execute the Office of President.”
The committee believes that, after he said "peacefully" (then "fight like hell" which is a contradiction), as soon as he saw his cultists ransack the Capitol (not "peacefully"...) it was his duty to communicate to them, by a tweet or otherwise, to stop the lawless violence at the very least.
He didn't do it for 187 minutes. Instead, he issued a tweet about Pence refusing to throw away the votes, which incited his cultists to chant "hang mike pence" while continuing their lawless acts.
That's why the committee wants to access the National Archives domuments: To get specific evidence of what the orange terrorist was doing instead of his presidential duty (to take Care that the Laws be faithfully executed) for 3 hours and 7 minutes.
U.S. Code Title 18 PART I CHAPTER 73 § 1505
18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees
U.S. Code
Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.
(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 87–664, § 6(a), Sept. 19, 1962, 76 Stat. 551; Pub. L. 91–452, title IX, § 903, Oct. 15, 1970, 84 Stat. 947; Pub. L. 94–435, title I, § 105, Sept. 30, 1976, 90 Stat. 1389; Pub. L. 97–291, § 4(d), Oct. 12, 1982, 96 Stat. 1253; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 108–458, title VI, § 6703(a), Dec. 17, 2004, 118 Stat. 3766.)
Source: https://www.law.cornell.edu/uscode/text/18/1505
So, whether he believed the election was stolen (which he didn't, really), he's guilty of
not doing his job, resulting in charges of obstruction of congressional proceedings.
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