Jan. 6 Committee Weighs Possibility of Criminal Referrals
By Michael S. Schmidt and Luke Broadwater
Dec. 20, 2021
When the House formed a special committee this summer to investigate the Jan. 6 Capitol assault, its stated goal was to compile the most authoritative account of what occurred and make recommendations to ensure it never happens again. But as investigators sifted through troves of documents, metadata and interview transcripts, they started considering whether the inquiry could yield something potentially more consequential: evidence of criminal conduct by President Donald J. Trump or others that they could send to the Justice Department urging an investigation. That move — known as sending a criminal referral — has no legal weight, as Congress has little ability to tell the Justice Department what investigations it should undertake.
But it could have a substantial political impact by increasing public pressure on Attorney General Merrick B. Garland, who in his first year in office has largely sidestepped questions about what prosecutors are doing to examine the conduct of Mr. Trump and his aides as they promoted baseless allegations of voter fraud. The questions of criminality go far beyond the contempt of Congress referrals that the House has sent to the Justice Department for Mr. Trump’s former chief strategist, Stephen K. Bannon, and his former chief of staff, Mark Meadows, for their refusal to cooperate with the investigation. (Federal law requires prosecutors to bring contempt of Congress charges before a grand jury upon receiving such a referral.)
According to people briefed on their efforts, investigators for the committee are looking into whether a range of crimes were committed, including two in particular: whether there was wire fraud by Republicans who raised millions of dollars off assertions that the election was stolen, despite knowing the claims were not true; and whether Mr. Trump and his allies obstructed Congress by trying to stop the certification of electoral votes. It is not clear what, if any, new evidence the committee has that might support a criminal referral, when and how it will determine whether to pursue that option and whether the committee could produce a case strong enough to hold up against inevitable accusations that it acted in a partisan manner.
Behind the scenes, the committee’s day-to-day work is being carried out by a team of 40 investigators and staff members, including former federal prosecutors. The panel has obtained more than 30,000 records and interviewed more than 300 witnesses, including about a dozen last week whom committee members say provided “key” testimony. In recent weeks, the committee has publicly signaled its interest in the question of criminality. Shortly after obtaining from Mr. Meadows 9,000 pages of documents — including text messages and a PowerPoint presentation — the panel’s top Republican, Representative Liz Cheney of Wyoming, read from the criminal code at a televised hearing.
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https://www.nytimes.com/2021/12/20/us/politics/jan-6-committee-trump-criminal-referral.html
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